위헌결정 후 제소된 일반 사건에 대한 소급효

The effect of a Constitutional Court ruling on unconstitutionality is not limited to the future. To ensure the effectiveness of the ‘Specific-normative-control’ adopted through legislation, it is necessary to grant retroactive effect of some unconstitutional rulings, even for past cases. This does not necessarily require legislation granting retroactive effect; it can also be achieved through flexible application of procedural law. While the retroactive effect of unconstitutional rulings is granted to ‘Original Case’ that triggered the ruling or to ‘Concurrent Case’ pending in other courts, ‘General Case’ filed after a ruling of unconstitutionality is subject to some limitations on the retroactive effect of such rulings. Is it legally sound and fair to partially limit the retroactive effect of unconstitutional rulings only for General Cases currently under trial? There is concern that General Cases may fall outside the scope of the unconstitutionality ruling, leaving them in a blind spot, potentially hindering the proper protection of the parties’ rights. In order to prepare for the possibility that the unconstitutionality decision will not have an effect on General Cases, it may be an alternative to re-apply for a constitutional review targeting old legal provisions that have not lost their effect for General Cases only.