- Adjudication request Procedure
- Judgment Benches and Quorum
- Parties
- General Procedure of Adjudication
- Decision and expenses, etc. of Adjudication.
The request for an adjudication of the Constitutional Court shall be made by
submitting to the Constitutional Court a written request as prescribed for each
matter to be adjudged. Provided, that in an adjudication on the constitutionality
of statutes, it shall be substituted by a written request by the court, and in
an adjudication on impeachment, by an authentic copy of the impeachment
resolution of the National Assembly. Evidences or other resources may be attached
to the written request.
When the presiding Justice determines that a request for
adjudication fails to meet its requirements but may satisfy them by correction, the
Justice shall require that request be corrected within a reasonable time.
When a correction is made, the corrected request shall be deemed to have been
made at the time the initial request was submitted.
The respondent who is delivered with the request of the corrected request may
submit an answer to the Constitutional Court.
Full Bench
The Full Bench consists of all nine Justices. Except as provided in the Constitutional Court Act, the adjudication of the Constitution shall be assigned to the Full Bench. The President of the Constitutional Court shall preside over the Full Bench, taking charge of the adjudication such as handling correction requests and designating the Assigned Justice. Panels The President of the Constitutional Court may establish Panels. Each consists of three Justices and takes a prior review of a constitutional complaint.
Panels
have the authority to dismiss a request for judgment on a constitutional complaint by a unanimous decision.
Quorum
The Full Bench shall review a case with the attendance of seven or more Justices. The Full Bench shall make a decision on a case by the majority vote of Justices participating in the final discussion: six or more Justices¡¯ votes are required in cases of falling under any of the following: a decision of unconstitutionality of statutes, impeachment, dissolution of a political party or upholding a constitutional complaint; overruling the precedent on interpretation and application of the Constitution or laws made by the Constitutional Court. Excepting those complaints which the Panel decides to dismiss, the complaints are then transferred to the Full Bench. When a dismissal is not decided within 30 days after requesting the adjudication on constitutional complaint, it shall be deemed that a decision to transfer it to the Full Bench is made.
Exclusion, Recusal and Evasion
When the Justice is or was a relative, or a family member of a party, or when the Justice bears testimony or gives an expert opinion on the case; when the Justice was involved in the case outside of the Constitutional Court by reason of his duties or profession, the Justice shall be excluded from the execution of the Justice¡¯s services. When there is a circumstance in which it is difficult to expect the impartiality of a Justice, a party may move to recuse the Justice. Also, the Justice may recuse himself with the permission of the presiding Justice.
Claimants and Respondents
In a judgment at the Constitutional Court, the claimant is the party which requests adjudication of the Court on its initiative. The opposite party is the respondent. Both have the right to express their opinion about the procedure and content of the adjudication. In addition, they have the right to submit materials to support their opinion, speak on their opinions and participate in the argument, and participate in the research of evidences.
Intervenors and interested Persons
Anyone who has a legal interest in a pending case may be permitted to intervene in such a case. When the Full Bench of the Constitutional Court holds oral proceedings, any interested person or public organ may express his or her views at the request or with permission of the Full Bench. In case of adjudication on constitutionality of statues, the parties to the original case and the Minister of Justice may submit to the Constitutional Court an amicus brief on the issue of whether or not statutes are constitutional. In a constitutional complaint cases, the parties to the original case, government organ, public institutions, or the Minister of Justice may submit to the Constitutional Court a brief on the issue. Unless noted separately, statutes on civil litigation is applied (The Article 40 of the Constitutional Court Act), and therefore interested persons may participate in the adjudication.
Representation of the Executive and Impeachment Prosecutor
When the Executive is a party or an intervenor in a pending constitutional case, the Minister of Justice shall represent the Executive. In an impeachment case, the Chairperson of the Legislation and Justice Committee of the National Assembly shall be the impeachment prosecutor.
Compulsory Attorney Representation
In any proceeding, a state agency or local government which is a party may select an attorney or an employee who is qualified as an attorney as counsel and have him pursue the proceeding. When a private person is a party in any proceeding, he shall be represented by an attorney, unless the private person himself is qualified as an attorney. In other words, the Constitutional Court procedure adopts the principle of compulsory attorney representation. In the event a private person has no financial resources to retain an attorney, he or she may request the Court to appoint a court-appointed counsel. When the Constitutional Court deems it necessary for the public interest, it may appoint a court-appointed counsel. The counsel fee will be paid from the National Treasury. These provisions are designed to prevent any indigent citizen from abstaining from making a complaint before the Constitutional Court, and thereby to complement the principle of compulsory attorney representation.
Oral Arguments and Written Arguments
The adjudication of impeachment, dissolution of a political party or competence dispute shall be conducted through oral arguments. The adjudication on the constitutionality of statutes or constitutional complaint shall be conducted through written arguments; if it is deemed necessary, the Full bench may hold oral proceedings.
Inspection of Evidence
When the Full Bench deems necessary for the review of a case, it may, upon motion by a party or ex officio , inspect evidence. The Full Bench may, by a ruling, make inquiries concerning facts necessary for the adjudication to other state agencies or the organs of public organizations, or demand them to send records or present materials. Provided, that with respect to records on a case for which a trial, prosecution or criminal investigation is under way, sending of the records shall not be demanded.
Place of Adjudication and Opening of Proceedings to Public
The oral arguments of the adjudication and the pronouncement of final decision shall be made in the courtroom. When the President of the Constitutional Court deems necessary, it may be made in a place outside of the courtroom. The oral arguments of the adjudication and the pronouncement of the decision shall be open to public: any review without oral arguments and deliberation shall not be open to public. Should the opening of proceedings to public pose a serious threat to the security and order of the nation and morality, it shall not be open to the public, as is the case in ordinary court. The presiding Justice shall keep order in the courtroom, and preside over oral arguments and deliberations. When a party disturbs the order of the courtroom, the Justice may order imprisonment or punitive fees in the nature of admonition.
Time Limit of Adjudication
The Constitutional Court shall pronounce the final decision within 180 days after it receives the case for adjudication: Provided, that if the attendance of seven Justices is impossible due to vacancies of Justices, the period of vacancy shall not be included in calculating the period of adjudication.
Final Decision
When the Full Bench finishes the review, it shall make a final decision. Upon making a final decision, a written decision stating the following matters shall be prepared, signed and sealed by all the Justices participating in the adjudication: number and title of the case; indication of the parties and persons who pursue the proceeding for them or their counsels; holding; rationale; and date of decision. The Constitutional Court shall serve an authentic copy of the written decision on parties or the requesting court within 14 days from the day of decision.
Expenses
The expenses for adjudication by the Constitutional Court shall be borne by the state: the Expenses for the inspection of evidence upon request of a party may be borne by the party as prescribed in the Constitutional Court Rules. The Constitutional Court may order a person requesting adjudication on a constitutional complaint to pay deposit money as prescribed in the Constitutional Court Rules.
Ne bis in idem
The Constitutional Court shall not adjudicate the same case on which a prior adjudication has already been made.