韩国宪法法院变形判决制度的形成与发展

宪法法院成立之后，韩国宪法审查制度才真正获取了生命力。这一方面归功于韩国宪政建设环境的改善，另一方面则应归功于宪法法院积极主动履行职责。变形判决制度即是韩国宪法法院汲取德国经验而作的创造性变革。变形判决是相对于原形判决而言的概念。韩国《宪法法院法》规定的“违宪”或“合宪”的判决形式可称之为原形判决；宪法法院在宪法审判实践中逐渐形成的“宪法不合致”判决、“限定合宪”和“限定违宪”判决可称为变形判决。变形判决是针对复杂多样的宪法审判对象而发展出来判决形式，适应了宪法审判的实效需求，展示了一条法律问题技术化的路径。

The Creation and Evolution of Modified Decision System of the Constitutional Court of South Korea

Korea＇s Judicial review system had not gained its vitality until the constitutional court was built in 1988. This is not only for the reason of a better constitution construction environment, but also for the positive effort of the constitutional court. The modified decision system is one of its creative efforts learning from its German counterpart. The modified decision is a concept compare to the original decision. The decision of ＂constitutional＂ or ＂unconstitutional＂ decision prescribed in the Constitutional Court Act of Korea could be named original decision; and the ＂ unconformable to the constitution＂ decision, ＂ limited constitutional＂ decision and ＂limited unconstitutional＂ decision that came into being in the practice of the constitutional court could be named modified decisions. The later is a kind of decision that created by the court aiming at the complex and multiform phenomena under the jurisdiction of the constitutional court, which is adopted for the pursuance of actual effect of constitutional adjudication and brings forth a route of technologization of the law issues.