법무연구 6권(2016.8)

of limited constitutionality means that of the object of constitutional review of statutes, some part of it the Constitutional Court thinks is constitutional would be declared as constitutional. On the other hand, the Constitutional Court could declare some part of the object of constitutional review of statutes is unconstitutional. It regards two forms of decisions are basically the same in the meaning that two are all partly unconstitutional decision in quality. And the decision of nonconformity to the Constitution is declared when a relevant object is contrary to Constitution but in consideration of some aspects which Constitutional Court thinks are related to the essential part of stability of legal system, it needs to make the object have a formal effect as a law up to some future point. Anyway we must find elaborate standards for modified forms of decisions, by which Congress could find the reasonable measures as a guardian of the Constitution. Key Words Norm control, Legal interpretation that is consistent with the Constitution, Modified Forma of Decisions(Limited Constitutionality), No taxation without the law, The Binding Force