윤창호법 위헌 관련 여러 시각과 남은 과제

Due to the increase in accidents caused by drunk driving and the incident of Yoon Chang-ho in September 2018, the overall social atmosphere of drunk driving has shifted toward strengthening the level of punishment. Reflecting this, the National Assembly revised the Specific Crime Weighted Law, which raises the statutory form of dangerous driving offenses, on December 18, 2018, and took effect on the same day. In response, the Constitutional Court ruled twice unconstitutional on November 25, 2021 and May 26, 2022. Since drunk driving is a deliberate crime, not an error, it can not be said that the judgment of the Constitutional Court that it should limit the period of 10 years for war criminals and criminals is contrary to the principle of responsibility in the criminal law. However, the main point of this article is not that the judgment of the Constitutional Court is wrong, but that the amendment of the law is a timely legislation that faithfully reflects public opinion and public opinion. There is also a critical view that it has been legislated without sufficient review. If a particular law is found to be unconstitutional, it is self-evident that there will be legal gaps such as the disappearance of the grounds for punishment until legislative supplementation is made, as well as various types of problems such as infringement of the stability of the law and order. Therefore, it is necessary to look at the Constitutional Court decision from a critical point of view as an opportunity to think about the legislative process that can faithfully examine the constitutional suitability and legitimacy of the legal system while securing the timeliness.