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About the Court

The Constitution &
Constitutional Adjudication System

The Constitution is the supreme law in Korea, which sets the direction for its value and order, defines the governing organization and its principles and guarantees each person’s basic rights.

Therefore, no public power shall violate the Constitution. All public powers including the legislative may be held to violate the Constitution.

The constitutional adjudication system protects constitutional order through its decisions based on the principles of the Constitution where there is constitutional conflict.

Today, the constitutional adjudication system is the most important means of realizing the protection of the Constitution, protecting the people’s basic rights from the abuse of public power, and mandating the political power to function within the boundaries of the Constitution. Therefore, it is recognized as an indispensable component of our governing framework, along with the representative system, separation of powers, election system, and local self-governing system. In addition, by subjecting governmental power to the constitutional basic rights and requiring procedural legitimacy in its exercise, the constitutional adjudication system substantially realizes the rule of law.

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