Constitutional Court of Korea

Jurisdiction

Proceedings

Oral Argument and Written Argument

The adjudication of impeachment, dissolution of a political party and 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, however, the Full Bench may summon the parties, interested persons and reference witnesses for an oral proceeding.

Evidence Examination and Information Request

The Full Bench, upon motion by a party or ex officio, may examine evidence, which includes examination of the parties or witnesses, requesting submission of evidence and keeping it in custody, appraisal and inspection. It can also, by a ruling, make inquiries concerning facts necessary for judgment to other state agencies or public organizations or request them to send records or present materials. However, it cannot request any record on a case for which a trial, prosecution or criminal investigation is under way.

reference picture

Place of Adjudication and Opening of Proceedings to Public

Oral argument of the adjudication and pronouncement of final decision shall be made in the courtroom unless the President of the Court deems it necessary to carry them out at a venue other than the courtroom. The oral argument of the adjudication and pronouncement of the decision shall be open to the public: any review of written documents and records as well as deliberation shall not be open to the public. If disclosing the proceedings is deemed to pose a threat to national security and order, it shall not be open to the public, as is the hearings of ordinary courts. The Presiding Justice shall keep order in the courtroom and preside over oral arguments and deliberations. When anyone in the courtroom interferes with maintaining order, the Court can rule to order imprisonment or punitive fees against the person.