Constitutional Court of Korea

Decisions

Case Search

Total
23
  • Final decision
    upheld (unconstitutionality confirmed)
    Decision date
    Mar 28, 2024
    Full Text

    Complainant registered as a foreigner on June 16, 2016 and his residence status is ..However, even if a household is composed solely of foreigners, permanent residents ..Foreigners Residing in the Repub..As examined earlier, the Foreigners Treatment Act provides for the provision of support to ..

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  • Final decision
    nonconforming to the Constitution, rejected, dismissed
    Decision date
    Sep 26, 2023
    Summary

    ..Foreigners,..The former Health Insurance Application Criteria for Foreigners and Overseas Koreans Residing Long-Term in Korea ..foreigner, etc. Insurance contributions of foreigners and overseas Koreans who are nonemployee insureds are calculated considering each individual as one household.

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

    ..foreigners and the stay of the latter.foreigners and ensuring national security.foreigner and the issuance..foreigners.foreigners with no criminal records. In this way, Germany has established a system to alleviate the conditions of stay for foreigners whose detention was lifted.

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  • Final decision
    nonconforming to the Constitution, rejected
    Decision date
    Mar 23, 2023
    Summary

    Case on Reporting Birth of a Child Born to a Married Woman and a Man Other th.. However, in our country, the existing family register system and the foreigner registration system operated under the Immigration Control Act do not adequately serve as a birth registration system for foreign children.

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  • Final decision
    constitutional, rejected
    Decision date
    Feb 25, 2021
    Summary
    Full Text

    Case on Crime of Factual Defamation .. .. [2017Hun-Ma1113, 2018Hun-Ba330 (consolidated)] .. .. .. ..Complainants .. .. ..1. L.G. (2017Hun-Ma1113) Represented by State-appointed A(1) of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea; Article 7-2, Section ..

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  • Final decision
    upheld (unconstitutionality confirmed)
    Decision date
    May 31, 2018
    Summary

    Foreigners forb“freedom of movement” of foreigners denied entry into the country takes on a unique nature in that such restriction depends on the foreigner’s volition.foreigners denied entry into the country, in order to guarantee national security, maintain order and promote public welfare.

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  • Final decision
    constitutional
    Decision date
    Jul 28, 2016
    Summary

    In this case, the Constitutional Court held that Item 3 of Article 5 of the Nationality Act, which requires that a foreigner’s ..foreign‘Naturalization’ is a system by which foreigners are granted nationality in the Republic of Korea, where said foreigners have never attained such nationality.

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

    Case on the Punishment of Commercial Sex Acts .. .. .. .. .. ..Case .. .. ..Request for Constitutional Review of Article 21 Section 1 ..foreigners, or sponsorships (including facilities for foreigners) for the protection of victims of commercial sex acts and assistance in their self-reliance; ..

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  • Final decision
    constitutional
    Decision date
    Nov 26, 2015
    Summary

    ..e possibility of the Person with a Korean Mother abusing the right to obtain the nationality, to reduce an unnecessary waste of administrative resources, and to make sure whether the Person with a Korean Mother who is not yet a Korean national and a foreigner is willing to obtain Korean national..

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  • Final decision
    unconstitutional
    Decision date
    Oct 21, 2015
    Summary

    Profanity Against the Nation Case .. .. [27-2(A).. as well as circulating them to some Japanese and American people, leading to the publication of the materials’ translated version in a Japanese magazine and thereby undermining the safety, interest, and dignity of the state by way of foreigners.

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  • Final decision
    upheld (dissolved)
    Decision date
    Dec 19, 2014
    Summary
    Full Text

    On April 9, 2013, North Korea gave notice to foreigners in a statement by the spokesperson of the Korean Asia-Pacific Peace Committee that, ..foreigners in Korea are advised to evacuate for their safety.” Subsequently, on Apr.. The foreigners in Korea are advised to evacuate for their safety.” ..

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  • Final decision
    rejected, dismissed
    Decision date
    Jun 26, 2014
    Summary

    ..foreigner who has attained ○-Hyeok and others, who retain foreign nationalities, relating to Article 10 Section 1 of the Nationality Act, foreigners are not the bearers of the basic rights relating to political rights and freedom of entry to Korea.foreigner who lost the Korean nationality.

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  • Final decision
    upheld
    Decision date
    Jun 05, 2014
    Summary

    ..Incheon Airport Immigration Office disallowed a request to consultation with counsel by a foreigner, who was prohibited from entering the Republic of Korea and filed, subsequently, a habeas corpus petition and a lawsuit to annul the decision to disallow the referring to refugee status determinat..

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

    ..foreigners o.. A person listed in the registry of foreigners of the relevant local government under Article 34 of the Immigration Control Act, as a foreigner for whom three years have passed since the date when he/she was granted the right of permanent residence under Article 10 of the same Act.

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  • Final decision
    unconstitutional
    Decision date
    Nov 28, 2013
    Summary

    .. .. Right to Criminal Trial of a Civilian who Damaged Facility for Military Use and Combat .. .. .. [25-2(B) KCCR 338, 2012H(4) Regarding Korean nationals or foreigners who perpetrate a crime specified in any of the following subparagraphs, this Act shall apply to them as military persons: ..

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  • Final decision
    unconstitutional
    Decision date
    Aug 23, 2012
    Summary

    ..ch scheme, foreigners or Korean nationals residing overseas without resident registration number are blocked from using internet message boards and the message boards operators competing with other operators with new communication means are unfavorably restricted in carrying out day‐to‐day busin..

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

    'foreigners, in principle, are not entitled to enjoy the nine fundamental rights including the freedom to choose workplace, or only allowed in a limited scope.').foreigners are not entitled to the freedom to choose occupation or the freedom to choose workplace.foreigner may not file a cons..

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  • Final decision
    rejected
    Decision date
    Jul 30, 2009
    Summary

    ..influence on the results of an election, and anonymity and openness of the on-line space can decisively destroy the fairness of the election through exposing voters to false information of impersonating candidates or electioneering of foreigners or those under 19 who are not entitled to cast a v..

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  • Final decision
    rejected
    Decision date
    Mar 26, 2009
    Summary

    ..on, who falls into Article 3 Section 1 Items 1 and 2, in the residential registration roll or foreigner registration roll as of December 31, the last year("requester for resident recall vote"), may request the vote of resident recall of competent head of local government and member of local coun..

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  • Final decision
    constitutional
    Decision date
    Mar 27, 2008
    Full Text

    ..scribed in the Instant Provision because the Foreigners' Signature and Seal Act modified the formality by permitting a foreigner, who is a national of a country where the system requiring both a signature and a seal in execution of will does not exist, to use only his/her signature in place of t..

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  • Final decision
    nonconforming to the Constitution
    Decision date
    Jun 28, 2007
    Full Text

    Furthermore, the Public Official Election and Prevention of Election Irregularities Act provides certain foreigners with the right to vote.‘constitutional right' is being trumped by the right to vote for local election reserved for foreigners which is ..foreigners who are aged 19 or above and..

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  • Final decision
    nonconforming to the Constitution
    Decision date
    Nov 29, 2001
    Full Text

    Therefore, a foreigner cannot be a bearer of a basic right with regard to the Overseas Koreans Act, and the complaint filed by the complainants who are foreigners is not legally sufficient.Foreigner's Land Acquisition Act; Article 25 of the Patent Act; Article 6 of the Aviation Act), right to..

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  • Final decision
    nonconforming to the Constitution, dismissed
    Decision date
    Aug 31, 2000
    Full Text

    ..foreigner mother and that of a Korean mother and a foreigner father disadvanta.. It is customary that the legitimate child of a foreigner father acquires its father's nationality. The manager of the Seoul Foreigner Protection Facility issued a forceful deportation order against the petitioner.

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