법조 제75권 제3호(통권 제777호) 연구논문 - 64 - current legal order. However, the level of protection afforded to a fundamental right that extends one’s self-determination even beyond death cannot be particularly strong. Various restrictions, including prior permission, may therefore be contemplated. The key issue, however, is that insofar as this interest is protected as a fundamental right, the core aspects of its restriction must be prescribed by statute. Article 32 of the Civil Code of Korea is thus unconstitutional: with respect to incorporated associations, because it adopts a concession system; and with respect to incorporated foundations, because it violates the principle of parliamentary reservation. In practice, this provision has been used in many countries to prevent the official recognition of politically inconvenient organizations, and the situation in Korea is no exception. It is a matter of course that this is unconstitutional.
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