좌석안전띠 착용 규제에 관한 공법적 검토- 헌재 2003.10.30. 2002헌마518 결정과 관련하여 -

This article focuses on the regulations and procedures for non-seat belts. And it is mainly about past constitutional court decisions regarding where the balance of public interest and private interest should be formed, First, the issue of wearing seat belts is examined in terms of whether or not it can be regarded as the protection area of ​​freedom of personal life under Article 17 of the individual rights. Next, this paper checks whether the seat belt is not excessively regulated in the country. In the past, the Constitutional Court decide this issues constitutional, but it was assumed that it was limited in that it was only subject to the judgment on the disposition of the penalty for non-wearing seat belts. Seat belts should be worn as it can minimize casualties in case of an accident. However, if the current legislation focuses on whether or not the state's restrictions on the wearing of seat belts are unconstitutional by violating individual freedoms, it would be necessary to specifically justify the imposition of penalties such as fines. Lastly, the paper concludes with an amendment of the fines and penalties for seat belts and the necessity of empirical research to ensure excessive regulation.