Constitutional Court of Korea

Decisions

Case Search

Total
36
  • Final decision
    upheld (removed from office)
    Decision date
    Apr 04, 2025
    Summary
    Full Text

    Environment Kim Wan-sup, Minister of Employment and Labor Kim Moon-soo, and Minister of Patriots and Veterans Affairs Kang Jung-ai were not contacted.Employment and Labor Kim Moon-soo, and Minister of Patriots and Veterans Affairs Kang Jung-ai—did not receive any communication instructing them..

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  • Final decision
    upheld (unconstitutionality confirmed)
    Decision date
    Mar 28, 2024
    Full Text

    ..permit from the Minister of Justice as prescribed by Presiden(renewable) and are, in principle, not subject to employment restrictions under Article 23 of the Enforcement Decree of the Immigration Control Act.permitted unless it falls under Article 11 of the Immigration Act ..employment.

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  • Final decision
    rejected, dismissed
    Decision date
    Feb 28, 2024
    Summary

    (1) The Minister of Employment and Labor shall determine the minimum wage by August 5 of every year.Employment and Labor shall request deliberation by the M..Employment and Labor.(2) of the Act shall be appointed by the President upon the nomination of the Minister of Employment and Labor.

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  • Final decision
    nonconforming to the Constitution
    Decision date
    Mar 23, 2023
    Full Text

    ..perm.. These are foreign nationals who committed offences such as illegal stay, illegal employment, and other crimes ..the Immigration Act), his or her original status of stay will be reinstated, and his or her employment will become possible, depending on the types of his or her status of stay.

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  • Final decision
    nonconforming to the Constitution, dismissed
    Decision date
    Jul 21, 2022
    Full Text

    conducted it in a superior position, and thus the Act Provision in effect permits search and seizure without a warrant.permit the request for provision of communications data even for simple information collection to prevent harm ..Employment and Labor, and Ministry of Food and Drug Safety.

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  • Final decision
    rejected, dismissed
    Decision date
    Dec 23, 2021
    Summary

    The Grounds Restriction Provision statutorily defines the specific scope of matters to be delegated to the Ministry of Employment and Labor.“violations of terms and conditions of employment” involve only a fraction of the employment terms and conditions prescribed in the Labor Standards Act.

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  • Final decision
    rejected, dismissed
    Decision date
    Nov 28, 2019
    Summary

    Case on Resignatio..permitted, the job that they are carrying out is not so different in nature from the one they will take on.The employment relations of the employees of government-invested institutions belongs to the area of private laws and it is easy to classify them based on their ranks.

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  • Final decision
    nonconforming to the Constitution
    Decision date
    Apr 11, 2019
    Summary
    Full Text

    In 2013, compared with 1996, the proportion of these countries that permitted abortion increased in all these categories except the category(2) that the rendition of a decision of simple unconstitutionality would lead to creating an unacceptable legal vacuum fully permitting all abortions; and ..

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  • Final decision
    constitutional
    Decision date
    Dec 28, 2017
    Summary

    Permitted for Temporary Placement of Workers) ..employment of workers and to guarantee the payment of fair wages for workers.employment of workers, and guaranteeing fair wages are no less significant than the restriction on the freedom of the user company to perform occupational functions c..

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  • Final decision
    upheld (removed from office)
    Decision date
    Mar 10, 2017
    Summary
    Full Text

    ..permitted to intervene in state affa.. Whether a Private Individual Was Permitted to Intervene in State Affairs and Whether the Authority of the President Was Abused ○-Young, the Senior Secretary to the President for Employment and Welfare, during which they talked about the Basic Pension Act.

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  • Final decision
    unconstitutional, rejected, dismissed
    Decision date
    Oct 27, 2016
    Summary

    Therefore, the Registration Provision does not violate the principle of the prohibition of advance permit.Employm..Employment Provision, Verification Provisions and Addenda Provision .. Thus, the Employment Provision and Verification Provisions do not directly restrict the freedom of press.

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  • Final decision
    unconstitutional, dismissed
    Decision date
    Apr 28, 2016
    Summary

    Case on the Restriction on Employment of Persons that Have Committed a Sex Offense against a Child or Juvenile ..Employ..employment of children or juveniles or their entrance is permitted ..Therefore, the Restriction on Employment Provision infringes on the complainant’s freedom of occupation.

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  • Final decision
    constitutional
    Decision date
    Mar 31, 2016
    Summary
    Full Text

    ..permitting.. Less restrictive measures also exist, such as permitting commercial sex within specific zones, instead of imposing criminal punishment.“narcotics, etc.”) by a person protecting or guarding him or her due to business relationships, employment relationships and other relationships; ..

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  • Final decision
    unconstitutional
    Decision date
    Dec 23, 2015
    Summary

    ..employment contract without definite term and thus genera.. In that vein, an employee whose employment period is less than six months and other employees who worked for more than six months are not fundamentally different in terms of their expectation for continuation of the employment contract.

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  • Final decision
    rejected, dismissed
    Decision date
    Aug 28, 2014
    Summary

    The Constitution prohibits unreasonable discrimination in all areas; and the Framework Act on Employment Policy, Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion, and National Human Rights Commission Act prohibit age discrimination in employment.employme..

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  • Final decision
    rejected
    Decision date
    Jun 26, 2014
    Summary

    Case on the Property Registration and Employment Restriction on Employees of Grade IV or Higher of the Financial Supervisory Service ..Public officials and executives and employees of public service-related organizations whose employment is restricted under Article 17 ..employment restriction i..

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  • Final decision
    rejected, dismissed
    Decision date
    Apr 24, 2014
    Summary

    However, those aged between 18 and 19 who are to complete secondary education, including third graders of high school, tend to have great interest in issues of employment or education, and, therefore, their political and social judgments grow in maturity.employment or education and IT develop..

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  • Final decision
    constitutional
    Decision date
    Jul 25, 2013
    Summary

    The Provisions limit the permitted scope of temporary worker agency business given the nature of indirect employment which, compared to direct employment, bears a bigger risk of being disadvantageous in terms of status and wage.employment of workers and guarantee adequate wage by ensuring appr..

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  • Final decision
    rejected
    Decision date
    Sep 29, 2011
    Summary
    Full Text

    After receiving legitimate employment permit pursuant to the Act, the complainant entered Korea on May 25, 2008 and started to work thereafter. Rather, our conclusion is that this constitutional complaint is justiciable because the complainants are entitled to the right to employment contract.

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  • Final decision
    unconstitutional
    Decision date
    Jul 30, 2009
    Summary
    Full Text

    ..permitted since the enactment of the Act on Prohibitio"the commission of the offense was authorized, requested, commanded, performed or recklessly tolerated by the board of directors or by a high managerial agent acting in behalf of the corporation within the scope of his office or employment ..

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  • Final decision
    rejected
    Decision date
    Oct 30, 2008
    Full Text

    ..employment.employment, etc. Still, it is not easy for the visually impaired to choose jobs even if support for employment in other areas is provided because not even their right to mobility is guaranteed in our society.employment reservation, and Japan, where a certain p..employment.

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  • Final decision
    constitutional
    Decision date
    May 29, 2008
    Full Text

    ..Employment Insuran'claims of arrearages after the declaration of bankruptcy, accrued to certain claims such as workers' compensation insurance premium which is collectable by Industrial Accident Compensation Insurance Act, Wage Claim Protection Act, and Employment Insurance Act with regard to ..

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  • Final decision
    rejected
    Decision date
    Jan 17, 2008
    Full Text

    ..pe..employments are guaranteed under the law.permitted campaign season and, consequently, media covers them with great importance. The legal issue in the instant case raises a constitutional question whether President may be permitted to make personal political expression to what extent.

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  • Final decision
    constitutional
    Decision date
    Aug 30, 2007
    Full Text

    Generally, the term public official refers to those people chosen or appointed directly or indirectly by the people and who carry out tasks of a public nature under the employment of the state or public organizations.permitted on the basis of whether the public official engages in physical la..

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  • Final decision
    constitutional
    Decision date
    Nov 24, 2005
    Full Text

    ..employment.employment.Generally, a regulation in the collective agreement, which states workers' joining the labor union as a condition for employment, is called a union shop agreement.employment, only restricts the worker's freedom not to organize, specific compulsory organization, wh..

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  • Final decision
    constitutional
    Decision date
    Aug 26, 2004
    Full Text

    ..permitting an exception to the duty of military serv.. On top of these disadvantages under the law, they also have to suffer in their subsequent social life such disadvantages as the various tangible and intangible inhospitalities and hardships in employment as criminal convicts with a criminal ..

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  • Final decision
    rejected
    Decision date
    May 14, 2004
    Full Text

    (Kook-Cham 0415) members' participation in politics should be permitted and encouraged both legally and politically." ..permitted to the President as the constitu- 'in which circumstances it is beyond the scope of political activities permitted for the President with respect to elections.' ..

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  • Final decision
    rejected
    Decision date
    Mar 25, 2004
    Summary

    Prohibition of Political Party Membership of Primary ..permitted to the college and university professors, this is a reasonable discrimination considering the difference in the essential nature and content of the tasks and the mode of ..employment, thus not in violation of the right to equality.

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  • Final decision
    rejected
    Decision date
    Mar 25, 2004
    Summary

    Prohibition of Political Party Membership of Primary ..permitted to the college and university professors, this is a reasonable discrimination considering the difference in the essential nature and content of the tasks and the mode of ..employment, thus not in violation of the right to equality.

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  • Final decision
    unconstitutional
    Decision date
    Oct 30, 2003
    Full Text

    ..Employment' and then to march to the Korea Chamber of Commerce and Industry located on 4-Ga Namdaemoon-Ro.permitted only to the ex..quence that a location where assemblies are normally permitted may incidentally turn into a no assembly zone should it be closely located to a no assembly zone.

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  • Final decision
    constitutional
    Decision date
    Jul 24, 2003
    Summary

    (the standard employment rate), and, should the employer fail to meet the standard employment rate, such employer must bear the disabled employees employment charge in a predeter- ..employment charge system is to equalize the economic burdens incurred by the employment of a disabled person among..

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  • Final decision
    constitutional, dismissed
    Decision date
    Jun 26, 2003
    Full Text

    ..permit such restriction through identity disclosure upon other criminals in general or even certain groups of sex offenders agai.. Therefore, legislators are permitted to freely exercise the power to legislate by choosing a measure to prevent crimes in order to meet a specific social phenomenon.

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  • Final decision
    nonconforming to the Constitution
    Decision date
    Feb 27, 2003
    Full Text

    ..empl(3) Upon introduction of the fixed-term employment system, through the initial renewal process in February of 1976, 212 out of 4,260 individuals .. Also, the Supreme Court held that a faculty member of a private university employed under a fixed-term employment system pursuant to the pro- ..

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  • Final decision
    nonconforming to the Constitution
    Decision date
    Oct 25, 2001
    Full Text

    The Court went on to point out that to permit excessive population disparities between electoral districts under such election system would significantly undermine the basis of the representative democratic system ..employment of a more strict criterion in the future dis- pute, or the fact that..

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  • Final decision
    unconstitutional
    Decision date
    Apr 27, 2000
    Full Text

    A) The restriction on basic rights by Article 3 is permitted only when the legislature pursues through it a constitutionally permitted purpose. This statutory provision takes the inverse method of banning all forms of extracur- ricular lessons and permitting a few defined exceptions.permitti..

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  • Final decision
    unconstitutional
    Decision date
    Dec 23, 1999
    Full Text

    ..employment', where the Constitution specially demands equa.. Those agencies imposed by the Veterans' Assistance Act a duty to protect employment opportunities of the veterans. of Employment of Disabled Persons Act specify various discrimination bans and protective measures for the handicapped.

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