Constitutional Court of Korea > Constitutional Court of Korea > About the Court

Constitutional Court of Korea

FAQ

You can have answers to most frequently asked questions.

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According to Article 111 Paragraph 1 of the Constitution, the Constitutional Court has jurisdiction over:

1) adjudication on the constitutionality of statutes;
2) impeachment of high ranking government officials;
3) dissolution of a political party;
4) competence dispute between government institutes, central government and/or local governments; and,
5) constitutional complaint.
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The case number consists of the year of filing, case code and serial number given in the order of the filing that year. The case codes are:
1) Hun-Ka for constitutional review of statutes;
2) Hun-Na for impeachment;
3) Hun-Da for dissolution of a political party;
4) Hun-Ra for competence disputes;
5) Hun-Ma for constitutional complaint (pursuant to Article 68 Paragraph 1 of the Constitutional Court Act;
6) Hun-Ba for constitutional complaint (pursuant to Article 68 Paragraph 2 of the Constitutional Court Act; and,
7) Hun-Sa for appointment of a counsel and provisional remedies
8) Hun-A for special cases such as retrial and etc.
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An ordinary court may file a petition for constitutional review of statutes. The National Assembly has the power to initiate the impeachment. The Government may bring an action for dissolution of a political party. Any branch of the central and local governments may file a petition to address competence disputes.

Individuals may file a constitutional complaint when their basic rights guaranteed by the Constitution are infringed upon by the exercise or non-exercise of governmental power according to Article 68 Paragraph 1 of the Constitutional Court Act.

When a party in an ordinary court proceeding files a motion to request a constitutional review over an applicable law of the pending case at the same court and the motion is rejected, the party can file a constitutional complaint with the Constitutional Court for adjudication on the constitutionality of the law at issue based on the Article 68 paragraph 2 of the Constitutional Court Act.
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You can file a motion for a constitutional complaint to the Civil Service Office located on the 1st floor of the courthouse via mail or online. If you submit in person the motion to the Civil Service Office as a complainant, you will receive information about the motion from a responsible officer at the Civil Service Center.

You can also file a case or submit a document to the e-Court Service Center (https://ecourt.ccourt.go.kr/).

You have to sign in to the e-Court Service to be able to file a case online, You can join the membership only after verifying the identification with the public certificate. You can see the current status and record of your case at the e-Court Service website.
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Yes. You should be represented by an attorney for the proceedings unless you are qualified as an attorney.

If you cannot afford to hire an attorney, you can request a court-appointed counsel. <div>In order to request one, you must submit a proof of your financial inability.

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Yes. You should file a constitutional complaint within 90 days after the violation of fundamental rights is known and within a year after the cause occurs. And you are required to file one in 30 days after exhausting all other remedies.
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Once a constitutional complaint is filed, it is numbered, named and allocated to a Presiding Justice for a preliminary review by a Panel. If the complaint is found to have met the requirement of Article 72 of the Constitutional Court Act, it is transferred to the Full Bench.

If the case is transferred to the Full Bench, the Justices review written documents in principle and hold oral arguments or examine evidence only when they believe it is necessary according to Article 30 Paragraph 2 and Article 31 of the Constitutional Court Act. They accept the amicus brief or records from the parties and/or interested persons such as related state agencies to help proceed when needed.

When the Full Bench finishes the review and makes a final decision, all the Justices involved in the adjudication shall sign and seal the written decision before pronouncing it to the public at the Grand Courtroom.
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Yes. Under Article 30 Paragraph 1 of the Constitutional Court Act, the Court hears oral arguments before rendering decisions on cases such as impeachment, dissolution of a political party and competence dispute.
As for the constitutional review or constitutional complaints, the court hears oral arguments when necessary.
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According to Article 47 Paragraphs 1 and 2 of the Constitutional Court Act, any decision of unconstitutionality shall bind the ordinary courts, other state agencies and local governments, and any statute or provision decided unconstitutional shall lose the effect from the day on which the decision is made.
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To be a Justice of the Constitutional Court, one shall be 40 or more and be in any of the following positions for 15 or more years.

1) Judge, Prosecutor, or Attorney; or
2) Person who is qualified as an attorney and has been engaged in legal affairs on behalf of a governmental agency, a national or public enterprise, a government-invested institution or other corporation; or
3) Person who is qualified as an attorney and has been in a position higher than an assistant professor of law in a recognized college or university.
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According to Article 112 Paragraph 1 of the Constitution, the term of office of the Constitutional Court Justices shall be six years and they may be reappointed under the conditions as prescribed by law. Reappointment means starting a new term of an office after the first term expires. And the age limit for the Justices is 70.
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All nine Justices are appointed by the President of the Republic. Three of them are nominated by the President of the Republic, with three elected by the National Assembly and three nominated by the Chief Justice of the Supreme Court. Meanwhile, the President of the Court is appointed by the President of the Republic with the consent of the National Assembly.