유럽법원의 판례경향과 한국 공법학의 과제- 종교의 사회통합적 수용과 한계

This study has the purpose of promotion to social integration ​​by seeking a rational solution when cultural (religious) norms conflict with actual legal norms. The main factors that impede social integration in Korean society are regionalism, generational conflicts, and ideological confrontations. In the future, religious conflicts can be surfaced in Korea as well. In recent European Court judgments, the belief expression of an individual or a group has been appeared in a way that causes conflict with the social or public order. From the viewpoint of minority protection, it is appropriate to strongly protect the religious expression act as much as possible, but the social integration function through the harmonious interpretation of norms may be undermined if the existing order is forced to judge pro such protection before it matures to accommodate such content. In order for social integration to coexist in all, it is necessary to resolve these conflict points legally and present social standards. However, in order to make such judgments, there should be a sufficient understanding of the other's culture, and judgments based on such considerations will provide a basis for enabling the formation of consensus instead of conflict of cultural values ​​or worldview. When judging religious matters in a legal way, it is desirable that theological considerations be combined. For the social acceptance and limitations of religion, the establishment of legal standards through theological examination is a very important task in light of the sharing of information and the spread of universal standards due to the dramatic increase in the speed of mutual exchange between the countries. When the legal standards that have passed these theological considerations are established, it is predictable to distinguish among the freedom of religion, the freedom of general action, the freedom of expression. The examination of basic right can proceed more precisely. Considering the growth rate of multicultural households in Korea, if the public law scholars are interested in these fields and have accumulated their research results in advance, we can minimize the social confusion that Europe is experiencing recently.