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법률의 유추적용에 대한 위헌심사
Author
오영신
Journal Title
성균관법학
Publication Year
2014
Topics
Summary
Analogy in law is used to fill legal gaps, but has not traditionally been subject to constitutional review by the Constitutional Court. Recently, the Court ruled that analogy could be subject to review in criminal law. This article examines the relationship between the principle of clarity and analogy in law, and the extent to which constitutional review of analogy is justified.
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