헌법불합치 결정 이후 불완전한 개선입법의 문제 — 텔레비전방송수신료 결정 조항 등 사례 분석 —

The unconformable to constitution, one of the transformational decisions of the Constitutional Court, can be justified in terms of preventing the unreasonable situation that a simple unconstitutional decision can cause and respecting the legislator's right to form legislation. However, unintended side effects may occur if the subsequent reform legislation is not implemented until the legislative deadline set in the the unconformable to constitution, or even if the reform legislation is implemented, it does not conform to the purpose of the constitutional nonconformity decision. In this paper, focusing on the latter case, which was relatively inactive, to discuss problems that may arise when the reformed legislation did not reflect the purpose of the unconformable to constitution, by analyzing the relative cases. The legislators should revise the laws in correct to properly reflect the purpose of the unconformable to constitution decision, and there is a need for follow-up checks and legislative action whether the unconstitutional status has been completely removed.