According to the traditional view about interpreting Korean Constitutional Law Article 107, the ‘at issue in a trial’ in Korean Constitutional Law Article 107(1) means so-called ‘Concrete Review on Norm’ to regulations, and that of Korean Constitutional Law Article 107(2) means ‘Concreteㆍ Incident Review on Norm’ to decrees, but ‘Concerning with Its Case’ to ‘Administrative Action’.
As long as ‘at issue in a trial’ is a part of the Constitutional Law, it should be interpreted widely according to the character of outline norm which is one of the characters of Constitutional Law. Constitutional Law sketches only the outline of the whole national legal system. The detail of the rest of it should be trusted to ‘Discretion in Legislation’ of National Assembly. Thus the definition of ‘at issue in a trial’ should be interpreted according to the character of outline norm of Constitutional Law.
In such meaning, Firstly, ‘at issue in a trial’ in Korean Constitutional Law Article 107(2) should not be interpreted in view of so-called ‘the preliminary question in administrative law’.
Secondly, the purport of regulating both of the decrees and administrative action at same time and way should be taken into consideration fully.
Thirdly, ‘at issue in a trial’ in both of Article 107(1) and Article 107(2) of Korean Constitutional Law should be interpreted in the same meaning in view of the character of outline norm of Constitutional Law. Such character commands that too excessively detailed interetation of Constitutional Law Articles hurts ‘Discretion in Legislation’ of National Assembly and be forbidden.
Fourthly, according to the above traditional view, the meaning of ‘at issue in a trial’ in both of Article 107(1) and Article 107(2) of Korean Constitutional Law means only ‘Concrete Review on Norm’ in cases of controlling ‘regulations’ and ‘decrees’, which means that Abstract Review on Norm should be excluded in interpreting the above two clauses. Thus the definition of ‘at issue in a trial’ should be comprehensive as long as the above two clauses shares each other with the definition of ‘at issue in a trial’, which could embrace all and suit to the character of sketching outline of national order.
This way of interpreting the above two clauses of Article 107 could embrace the above all cases and even the case of interpreting Local Autonomy Act Article 107ㆍ172. To interpret Constitutional Law Articles according to its original character of sketching outline of national order is just the realization of representative democracy in the viewpoint of holding ‘Discretion in Legislation’ of National Assembly in estimation.