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338 H.E.PARK Han-Chul

upon a major premise that all people are equal and free.
Accordingly, equal liberty of all people must be protected in the
democratic system.

If there arises any inequality in regard to the people’s enjoyment
of freedom, for example, one enjoys more freedom than another
and vice versa, democracy is not sustainable in such society.
Guaranteeing equal liberty of all people is a key to a successful
democracy.
Today, I would like to introduce and share with you the efforts
that the Constitutional Court of Korea has made to contribute to
achievement of “The Rule of Law for Democracy.”
I would also like to speak about the need for and the means
to form an international cooperation for the protection of human
rights and the international practice of the rule of law, especially
the possibility of establishing a regional human rights mechanism
for Asia to protect and provide remedy to the people whose
fundamental human rights have been violated due to acts against

humanity.
1.
Constitutional justice has evolved to be the most specific and
direct means of protecting human rights within the nation.
When looking back at the history of mankind, constitutional law
that limits state power and guarantees freedom, dignity, and
value of individuals has created a strong legal basis for liberal
democracy, and through constitutional law, respect was provided
for rights of social minorities and fundamental human rights were
guaranteed.
A constitutional state must provide judicial remedies to
individuals when their rights have been violated.

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