입법부작위에 의한 기본권 침해와 구제

Infringement of basic rights due to legislative omissions refers to a situation in which the basic rights of the people are violated by the state's legislative body not enacting necessary laws. The difficult problem that arises in relation to the infringement of basic rights by legislative power and its relief is the legislative omission. This is because in the case of positive legislation, it is easy to take specific action or directly against the law to obtain remedies for the infringement of fundamental rights, but it is not easy to find out in practice and theory that the fundamental rights are violated, and there are certain limitations in terms of the remedies. Infringement of basic rights due to this legislative omission is mainly a problem in the field of basic rights that require active legislation by the state, such as basic political rights, basic claims rights, and basic social rights. This is because in order to materialize or form these basic rights, there must be active legislation, and enforcement based on it must be carried out, and judicial relief can be promoted based on such legislation or enforcement. In terms of the intervention of the judiciary, the judiciary can admit the infringement of basic rights due to legislative omissions and urge the legislature to make laws. Under international human rights treaties, international human rights organizations may file complaints with international human rights organizations. This may be possible, especially if the country in question is a party to an international human rights treaty. Infringement of basic rights due to legislative omissions emphasizes the responsibilities and obligations of the state and highlights the importance of active legislative activities to protect basic rights. Through this, legal and institutional improvements are needed to better protect the basic rights of the people.