Constitutional Court of Korea

When conflicts arise between state and local governments and agencies about the duties and authorities of each institution, it not only endangers the principle of checks and balances between public powers, but also risks paralyzing an important government function. As this may pose a threat to the basic rights of citizens, a systematic coordinating mechanism is required. The Constitution of Korea empowered the Constitutional Court to judge on conflicts between national institutions and local governments regarding competence and scope thereof, as part of a function to safeguard the Constitution.

Types of Adjudication on Competence Disputes

Adjudication on competence dispute between state agencies :

• Competence dispute between the National Assembly, the Administration, the Judiciary and the National Election Commission

agency and a local government :

• Competence dispute between the administration and special metropolitan city, metropolitan city, special self-governing city, province or special province;
• Competence dispute between the administration and city, county or self-governing district

Adjudication on competence dispute between local governments :

• Competence dispute between special metropolitan city, metropolitan city, special self-governing city, province or special province;
• Competence dispute between city, county or self-governing district;
• Competence dispute between special metropolitan city, metropolitan city, special selfgoverning city, province or special province and city, county or self-governing district.

Requirement of Request and Proceedings

The claimant may request adjudication on competence if the respondent’s action or inaction, of which the competence or scope is in controversy, infringes or will very likely infringe on the claimant’s competence granted by the Constitution or laws. The written request for adjudication on competence dispute shall include the following: the claimant and respondent, respondent’s action or inaction which is the subject matter of the adjudication; reasons for the request; and, other necessary matters. The adjudication on competence dispute shall be requested within 60 days after the cause is identified and within 180 days after the cause occurs.

Decision and Effect of Decision

The decision concerns whether the parties involved have the competence or the scope of competence. The Constitutional Court can decide whether to nullify a disposition of the respondent which was the cause of the competence dispute or confirm the invalidity of the disposition. When the Constitutional Court upholds the request for adjudication against non-action, the respondent shall make a disposition pursuant to the purport of the decision. The decision on competence dispute by the Constitutional Court shall bind all state agencies and local governments. However, the decision to nullify an action of a state agency or a local government shall not alter the effect which has already been given to the person whom the action is directed against in order not to cause confusion.