Jurisdiction
Parties
Claimants and Respondents
In a judgment at the Constitutional Court, the claimant is the party that requests adjudication of the Court on its initiative while the opposite party is called the respondent. Both parties have the right to express their opinions about procedural rights and the adjudication. They also have the right to submit substantive materials and state opinions and to participate in the argument and evidence examination to support their argument and claim.
Interested Persons and Reference Witness
The Full Bench, if necessary, can have a hearing to listen to the parties, interested persons and reference witnesses. The parties to the original case and the Minister of Justice may submit to the Constitutional Court an amicus brief for case on constitutionality review of statutes. Meanwhile, the parties to the original case, state agencies and public institutions involved, or the Minister of Justice can do the same for a constitutional complaint. Unless provided otherwise in the Constitutional Court Act, laws and regulations relating to civil litigation shall apply mutatis mutandis to the procedure for adjudication of the Court (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 Chair of the Legislation and Judiciary Committee of the National Assembly shall serve as the impeachment prosecutor to request the adjudication and participate in the proceedings.
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 represent the proceeding. When a private person is a party in a 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 Court deems the request meets requirements set by the Act or considers 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.