President of the Constitutional Court
The President of the Constitutional Court is appointed by the President of the Republic from among the Justices, with the consent of the National Assembly. The President of the Constitutional Court represents the Constitutional Court, takes charge of the affairs of the Court, and directs and supervises public employees under his or her authority.
The President of the Constitutional Court is the Chairman of the Council of Justices, and the presiding Justice of the Full Bench of the Constitutional Court. In addition, the President has authority on personnel management at the Constitutional Court. In case the position becomes vacant due to an unforeseeable event, another Justice will act as proxy according to the procedure set forth in the Constitutional Court Act. The treatment and remuneration of the President is the same as that of the Chief Justice of the Supreme Court.
Justices
The Constitutional Court is composed of nine Justices qualified to be court judges and appointed by the President. Three Justices are appointed from persons selected by the National Assembly, and three appointed from persons nominated by the Chief Justice of the Supreme Court.
The Justices exercise jurisdiction in judgments as a member of either the full bench or panel. As members of Council of Justices, they exercise voting rights on important matters concerning the administration of the Constitutional Court.
In the event the term of a Justice expires or a vacancy occurs during the term of office, a successor must be appointed within thirty days from the date on which the term expires or the vacancy occurs.
Provided, that if the term of a Justice who was elected by the National Assembly expires or the vacancy occurs during adjournment or recess of the National Assembly, the National Assembly shall elect his or her successor within thirty days from the commencement of the next session.
The term of Justices shall be six years and may be renewed.
The retirement age of a Justice is sixty-five: the retirement age of the President of the Constitutional Court is seventy. No Justice can be removed from his or her office against his or her own will, unless impeached or is criminally sanctioned with a sentence of imprisonment.
The treatment and remuneration of the President is the same as that of the Chief Justice of the Supreme Court.
Council of Justices
The Council of Justices is the final decision making body regarding the administration of the constitutional court. The Council of Justices is composed of the nine justices, with the President as the chairman.
The Council requires attendance of at least seven justices, and the majority of vote to decide. The President may put a matter to a vote. The matters decided by the Council of Justices include the establishment and revision of the Constitutional Court Act, filing a recommendation for legislations concerning the Constitutional Court to the National Assembly, budget request, expenditure of reserve funds and settlement of accounts, appointment and dismissal of the Secretary General, Deputy Secretary General, research officers, and public officials of Grade III and higher.
The Council also decides on other matters brought up by the President of the Constitutional Court.
Administration
The Department of Court Administration manages the administrative affairs of the Court. The Secretary General, under the direction of the President, takes charge of the Department of Court Administration, directing and supervising those public officials under his or her authority.
The Secretary General may attend the National Assembly or the State Council and speak about the administration of the Constitutional Court.
The Deputy Secretary General assists the Secretary General.
Should the Secretary General be unable to perform his or her duties due to an accident, the Deputy Secretary General will act on behalf of him or her This Department is composed of the Planning and Coordination Office, the Administration Management Bureau, the Judgment Affairs Bureau, the Judicial Records and Materials Bureau, and the Public Information Office.
Rapporteur Judges
The Constitutional Court has rapporteur judge, the number of which is specified in the Constitutional Court Act. They are engaged in study and research concerning the deliberation and adjudication of cases under the order of the Court President. Provided, the President of the Constitutional Court may have rapporteur judge hold concurrent offices other than study and research concerning the deliberation and adjudication of cases.
Rapporteur judge are appointed by the President of the Constitutional Court through a resolution of the Council of Justices, from those falling under any of the following categories: a person who is qualified as a judge, a public prosecutor, or an attorney-at-law; a person who has been in a position equal to or higher than an assistant professor of law in an accredited college or university; a person who has been engaged in legal affairs for five or more years as a public official of Grade IV or higher in the state agencies, such as the National Assembly, the Executive, or courts; a person who has obtained a doctorate in law, and engaged in legal affairs for five or more years in the state agencies, such as the National Assembly, the Executive, courts, or the Constitutional Court; and a person who has obtained a doctorate in law, and engaged in legal affairs for five or more years in an accredited research institute, such as a college or university as stipulated by the Constitutional Court Rules.
The term of office of rapporteur judge is 10 years, but a consecutive appointment may be permitted, with the age limit set at 60 years old. A rapporteur judge will be appointed as such after serving 3 years as a Junior Rapporteur Judge, taking into account the service records. The Junior Rapporteur Judge will be appointed by the President of the Constitutional Court through a resolution of the Council of Justices.
The rapporteur judge are divided into two groups: one consists of those who are assigned to Justices and responsible for preliminary review of constitutional complaints and cases which have many similar precedents or are likely to be denied, and the other is composed of those not assigned to Justices and separated into sub-groups of different specialized areas.
