지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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‘Qualifications System', allowing a person who has acquired a certain qualification to choose an occupation where such occupation deals with people's life, health and safety, or requires professional knowledge and technology, is implemented. Korean Constitutional Court decided that “in establishing the qualifications system on the professional field, the legislature may freely structure its contents by considering its purpose and in accordance with the policy- making decision. Accordingly, the decision of the legislature should be respected unless the content of qualifications system is explicitly unreasonable and unfair." In the same context, the Constitutional Court has applied more moderate standard of review than one with general cases which limit the freedom of occupation.
However, it is unreasonable to determine cases in standardized way by applying the same rules merely because of the qualifications system. The Court must apply the above standard of review for the fundamental matters(essential matters which involve in the formation of qualifications system) such as the establishment of qualification requirements and the scope of the qualification's effect. Otherwise(where the purpose or contents of the limitation is not originated from the qualifications system itself), the Court should apply the balance review pursuant to the Constitution of Korea Article 37 (2) by considering the purpose or necessity of the limitation, nature and contents of the limited occupation, and degrees or methods of the limitation because in such case, it is not different from the general occupation.
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