2019Hun-Ma873 Confirmation of the unconstitutionality of restrictions on the infringement of civil rights by administrators of the private sector

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2019.08.27

The appeal of this case is dismissed.

An adjudication on constitutional complaint under Article 68(1) of the Constitutional Court Act may be filed by a person whose fundamental rights guaranteed by the Constitution are infringed due to the exercise or non-exercise of public authority. As such, the claimant must specifically and clearly assert that the restriction of the public authority by the subject of his/her fundamental rights is unconstitutional. Therefore, in cases where the claimant only makes a claim against his/her own fundamental rights without any specific assertion to the extent that the possibility of infringement of fundamental rights can be verified, the adjudication request is unlawful (see, e.g., Supreme Court Decision 2003Hun-Ma544, Feb. 3

Claimant, the claimant, who expressed that he is a public-private partnership administrator, is entitled to enjoy in the forum in Seoul Station.

It is argued that it is unconstitutional to require the arrest to move the object of the claimant's possession to another place, and not limit the act of unauthorized transfer of the object of the claimant's possession, and it is only a simple assertion that prevents and ambiguous without any specific argument to the extent that it is possible to confirm the possibility of infringement of fundamental rights, such as not disclosing who is the subject of the exercise of public authority in question and how to infringe the claimant's fundamental rights.

Therefore, the appeal of this case is unlawful, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

The presiding judge shall write the judge

Justices Lee Lee-soo

Lee Lee Jae-soo