Art. 3 Sec.1 Item 1 and Item 2 of Korean Massagists Regulation which allowed only the blind to monopolize the occupation of registered massagist were declared unconstitutional by the Constitutional Court of the Republic of Korea on May 25, 2006, and lost their forces. After the decision, there were legal vacuum with no legal norm concerning the requirements for the registered massagists in Korea. Therefore, there were needs for the National Assembly of the Republic of Korea to rapidly enact a new legal provision regulating on this matter or for the Massagists Regulation to be revised by the Ministry of Health and Welfare. Two bills were initiated and submitted to the National Assembly and deliberated. The constitutionality test of the two bills are connected with the issues of the scope of 'the legislative formation power of the National Assembly' and 'the binding force of the Constitutional Court decisions' which are crucial issues of the legislation.
This study aims at looking into the scope of the binding force that the decision of the Constitutional Court generates and the scope of the legislative formation power focusing on the analyses of a specific case on the massagists regulation by the Korean Constitutional Court and the constitutional review of the two bills which substitute the old massagist regulation. For this, this paper will closely examine the object, holding and reasonings of the decision and look over the contents of the two bills revising Korean Medical Services Act. In addition, it will focus on whether the bills defer to the purports of the Korean Constitutional Court's decision and, lastly, review the constitutionality of the two bills.