자유권적 기본권의 도그마틱과 기본권 이론에 대한 검토

The process of interpreting and applying the fundamental rights with regard to its examination in the legal practice can not be said to be so simple that the basic right is not merely a rationale for a simple programmatic principle or legal and political argument. As long as fundamental rights have the same effect as a legally binding subjective right and a legal principle, it is required to rationalize the process of examining the fundamental rights as an important element of interpreting and applying the fundamental rights. Therefore, the courts and other legal entities responsible for the interpretation and application of fundamental rights should draw more accurate legal effects from the basic rights in a manner that allows for law enforcement in specific situations where the interpretation and application of the fundamental rights are problematic. An important objective of the fundamental rights dogmatic is to provide a legal basis for the interpretation and application of fundamental rights. Therefore, the fundamental rights doctrine affects examination structure(Prüfungsschema) which is applied in the examination of the basic rights. It is very important for the fundamental rights guarantor to apply the examination structure of the basic rights examination and to grasp and apply the historical concrete establishment process of the fundamental rights which he intends to apply and the normative grounds therefor. The question of how to form the basis for the examination of the fundamental rights and how to progressively develop the specific stages of the examination is based on the understanding of the characteristics and functions of the fundamental rights to be examined. It also relates to a question of how the evidence can be reflected in the review process.