Constitutional Court of Korea

Decisions

Case Search

Total
22
  • Final decision
    upheld (unconstitutionality confirmed)
    Decision date
    Mar 28, 2024
    Full Text

    ..nationality in well-grounded fear that he/she is likely to be persecuted based on race, religion, nationality, status as a member of“foreigners residing in the Republic of Korea,” who do not have South Korean nationality but legally reside in the Republic of Korea for the purpose of residence ..

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

    Case on Discrimination against Foreign Nationals in National Health Insurance System .. .. .. [2019Hun-Ma1165, September 26, 2023] .. .. .. ..In this case, the Court ruled as follows: .. .. .. ..1. Article 109, Section (10) of the National Health Insurance Act, which immediately discontinues..

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

    ..natio..nationality or immigration status, should have the right to request the issuance of official documents proving the registration of their birth by the competent authority of the region where they were born.“human right,” is not contingent on a child’s nationality or immigration status.

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

    In response, the alien of Egyptian nationality filed a lawsuit to cancel the above deportation and detention orders ..Nationality Act) but does not mandatorily provide an opportunity to state opinions at the stage of initiation of detention, request for review of temporary detention release, or ..

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  • Final decision
    rejected, dismissed
    Decision date
    Jan 27, 2022
    Summary

    Case on Complete Suspension of the Operation of Kaesong Industri..Moreover, the detailed measure taken by the Minister of Unification was intended to minimize the risk to life and physical harm to the local residents of South Korean nationality resulting from the decision to suspend its operation.

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

    Case on Restrictions for Foreign Workers on Changing Workplaces .. .. .. A foreign worker is recognized as being unable to continue to work in the workplace due to unreasonable discriminatory treatment by his or her employer for reasons including nationality, religion, sex, or physical disability.

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  • Final decision
    nonconforming to the Constitution, rejected
    Decision date
    Sep 24, 2020
    Summary

    ..nationality after March 31, 2017 until he is relieved from his military service obligation under the provisions above.Nat.. are the documents necessary to identify the applicant and verify whether the person holds Korean nationality, a precondition for the renouncement of Korean nationality.

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  • Final decision
    dismissed
    Decision date
    Dec 27, 2019
    Full Text

    under the Japanese colonial rule, and their family members, all of whom maintain the nationality of the Republic of Korea.nationality of the Republic of Korea at the time the Agre..were extinguished just because they acquired Korean nationality after the signing of the Agreement in this case.

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  • Final decision
    constitutional
    Decision date
    Dec 27, 2019
    Summary

    Case on Penalizing Profanation of National Flag .. .. [2016Hun-Ba9.. Further, national flags show the nationality of participants in international conferences and other international activities and convey the participants’ sense of belonging to their country during such international gatherings.

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

    Case on the Right to Meet Counsel of a Refugee Detained for Repatriation at Incheon International Airport .. .. .. .. .. [2014Hun-Ma346, May 31, 2018] .. .. ..In this case, the Court held that the rejection by the head of Incheon Airport ..The Complainant is a foreigner of Sudanese nationality.

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  • Final decision
    constitutional
    Decision date
    Jul 28, 2016
    Summary

    ..Nationality Act.The subject matter of this case is whether Item 3 of Article 5 of the Nationality Act ‘Naturalization’ is a system by which foreigners are granted nationality in the Republic of Korea, where said foreigners have never attained such nationality.nationality acquire sovereig..

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  • Final decision
    constitutional
    Decision date
    Nov 26, 2015
    Summary

    ..Nationality Act .. The complainant, in seeking to obtain Korean nationality, on November 6, 2013, reported pursuant to Article 7 Section 1 of an addendum (Special Cases Allowing Children of a Korean Mother to Obtain Korean Nationality Pursuant to Adoption of Unlimited Ius sanguinis Principle) ..

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

    ○-Nam alleged the unconstitutionality of Article 15 Section 1 of the Nationality Act, the complainant Sul (Obligation of Persons who Retain Nationality of the Republic of Korea to Renounce Foreign Nationality) ..nationality of the Republic of Korea but retains a nationality of a foreign countr..

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  • Final decision
    upheld
    Decision date
    Jun 05, 2014
    Summary

    24. Interim Injunction Case on Refugee’s Right to Counsel .. .. .. [26-1(B) KCCR 680, 2014Hun-Sa592, June(1) The complainant, whose nationality is the Republic of the Sudan, departed from Khartoum Airport on November 18, 2013 and arrived at Incheon International Airport on November 20, 2013.

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  • Final decision
    rejected
    Decision date
    Apr 24, 2014
    Summary

    If the Passport Act and relevant laws and regulations are fully taken into consideration, a passport is the most authoritative document that allows the Korean government or other countries to verify and identify one’s nationality.nationality, and thereby ensuring fairness of presidential and N..

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

    ..nationality can be entitled to fundamental rights under the Constitu.. But, I also think it possible that if a foreigner without Korean nationality under the Nationality Act has been living in our country for a considerable amount of time maintaining a regular life the same as a Korean national ..

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  • Final decision
    constitutional, withdrawn
    Decision date
    Mar 31, 2011
    Summary
    Full Text

    Likewise, we should conclude that the criminality or anti-nationality was inherent in the Collaborators' Property at the time of acquisition and that criminality has persisted even up to now, as our country has failed to officially settle the past, unlike other countries with similar experiences.

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  • Final decision
    nonconforming to the Constitution
    Decision date
    Jul 31, 2008
    Full Text

    ..egardless of race or nationality and an important fundamental right derived from Article 36 Section 1 of the Constitution which deals with the constitutional guarantee of marriage and family life; Article 10 which protect the right to pursue happiness; and Article 37 Section 1 which stipulates t..

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  • Final decision
    rejected, dismissed
    Decision date
    Nov 30, 2006
    Summary

    The relevant provisions provide that a person with dual nationality can renounce the nationality..

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

    A person or lineal descendant of a person who emigrated after the establishment of the Korean Government and who lost the Korean nationality; and "Past Nationality Principle" and allowing special treatment in entry and departure of expatriates who obtained the nationality of another country ..

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  • Final decision
    rejected, dismissed
    Decision date
    Nov 29, 2001
    Full Text

    School Operational Committees in Private Schools Case .. .. .. .. .. .. (13-2 KCCR 762, 2000Hun-Ma278, November 29, 2001) .. .. ..Contents of the Decision .. .. ..1. Scope of legi.. However, it is an intransferable, inviolable human right that all people enjoy regardless of their nationality.

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

    ..national.. There is no diplomatic problem in recognizing the nationality of a North Korean resident who already entered our country.nationality of Chosun.(Chosun-in), acquired Chinese nationality while living in China before the said Provisional Ordinance Regarding Nationality was enacted.

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