Constitutional Court of Korea

Decisions

Hearings

Total
33
  • 2020Hun-Ma389, 2021Hun-Ma1264, 2022Hun-Ma854, 2023Hun-Ma846 (consolidated)
    Hearing date
    Apr 23, 2024
    Case on the National Greenhouse Gas Reduction Target for Coping with Climate Crisis
    Case on the National Greenhouse Gas Reduction Target for Coping with Climate Crisis At 2 p.m., on April 23, 2024, the Constitutional Court will hold an oral hearing for constitutional review on a consolidated case of 2020Hun-Ma389, 2021Hun-Ma1264, 2022Hun-Ma854, and 2023Hun-Ma846 at its Grand Courtroom. The subject matter of this case includes the national target for greenhouse gas reduction as stipulated in Article 42 Section 1 Item 1 of the former Framework Act on Low Carbon, Green Growth, Article 25 Section 1 of its Enforcement Decree, Article 8 Section 1 of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis and Article 3 Section 1 of its Enforcement Decree, and also the national target for reducing greenhouse gases by sector and year from 2023 to 2030 in the 1st National Basic Plan for Carbon Neutrality and Green Growth established by the Government on April 11, 2023. The Petitioners argue that the above statutes and plans infringe upon their fundamental rights including the right to environment in the response to the climate crisis.
  • 2023Hun-Ra3
    Hearing date
    Aug 22, 2023
    Case on Competence Dispute over the Issue of Directly Referring the so-called “Yellow Envelope Bill” before the Plenary Session
    On August 22, 2023, the Constitutional Court will hold an oral hearing at the Grand Courtroom to adjudicate a competence dispute between members of the National Assembly and the Chairman of the National Assembly’s Environment and Labor Committee filed on May 30, 2023 (2023Hun-Ra3). This case concerns 1) the conduct of Respondent Chairman of Environment and Labor Committee which requested the Speaker of the National Assembly to place the partial amendment bills (alternative) of the Trade Union and Labor Relations Adjustment Act before the plenary session after such a request was placed as an agenda item and passed at the first plenary meeting of Environment and Labor Committee of the 406th Session (Special) of the National Assembly convened on May 24, 2023 and 2) the conduct of Respondent Speaker of the National Assembly which involved putting the above amendment bills before the plenary session and declared the passing of the bills at the 7th plenary meeting of the 407th Session (Special) of the National Assembly convened on June 30, 2023. Claimants, who are members of the Legislation and Judiciary Committee of the National Assembly, seek to affirm the infringement of their right to review and vote on bills and the invalidity of the conducts of Respondents.
  • 2023Hun-Ra2
    Hearing date
    Jul 13, 2023
    Case on Competence Dispute over the Issue of Directly Referring the Amendment Bills of the Broadcasting Act, etc. before the Plenary Session
    On July 13, 2023, the Constitutional Court will hold an oral hearing at the Grand Courtroom to adjudicate a competence dispute between members of the National Assembly and the Chairman of the Science, ICT, Broadcasting, and Communications Committee, etc. filed on April 14, 2023 (2023Hun-Ra2). This case concerns 1) the conduct of Respondent Chairman of the Science, ICT, Broadcasting, and Communications Committee which requested the Speaker of the National Assembly to place the partial amendment bills (alternative) of the Broadcasting Act, the Foundation for Broadcast Culture Act and the Korea Education Broadcasting System Act before the plenary session after such a request was placed as an agenda item and passed at the first plenary meeting of the Science, ICT, Broadcasting, and Communications Committee of the 404th Session (Special) of the National Assembly convened on March 21, 2023 and 2) the conduct of Respondent Speaker of the National Assembly which involved putting the above amendment bills before the plenary session and declared the passing of the bills at the 5th plenary meeting of the 405th Session (Special) of the National Assembly convened on April 27, 2023. Claimants, who are members of the Legislation and Judiciary Committee of the National Assembly, seek to affirm the infringement of their right to review and vote on bills and the invalidity of the conducts of Respondents.
  • 2020Hun-Ba295, 2021Hun-Ba72 (Consolidated)
    Hearing date
    May 17, 2023
    Case on Legal Reserve of Inheritance
    On May 17, 2023, the Constitutional Court will hold an oral hearing for constitutional complaint concerning the proviso in Article 1114 of the Civil Act (2020Hun-Ba295, 2021 Hun-Ba72, Consolidated) at its Grand Courtroom. This case concerns the constitutionality of legal reserve of inheritance provided for in Articles 1112, 1113, 1114, 1115, 1116 and 1118 of the Civil Act. The subject matter of review in this case is whether the above-mentioned legal reserve of inheritance infringes upon the property right of inheritees and donees. The Court will determine the constitutionality of the above provisions after hearing the arguments of the petitioners and the interested party and statements of expert witnesses.
  • 2020Hun-Ma104
    Hearing date
    Jan 12, 2023
    Case on the Fixed Book Price System
    On January 12, 2023, the Constitutional Court will hold an oral hearing for a constitutional review concerning Article 22 Section 4, etc. of the Publishing Industry Promotion Act filed on January 20, 2020 at its Grand Courtroom. The subject matter in this case is whether Article 22 Sections 4 and 5 of the Publishing Industry Promotion Act, which impose an obligation on any person who sells a publication to sell it at fixed price and limit the combined value of price reduction and economic benefit to no more than 15 percent of the fixed price (the so-called “fixed book price system”), infringe upon the freedom of occupation for sellers of publications and the right to self-determination for consumers. The Court will determine the constitutionality of the above provisions after hearing the statements of an interested agency and expert witnesses.
  • 2019Hun-Ka30
    Hearing date
    Nov 10, 2022
    Case on Criminal Punishment of an Act of Carrying and Spreading HIV
    At 2:00 p.m. on November 10, 2022, the Constitutional Court will hold an oral hearing for the motion for constitutional review concerning Article 19, etc. of the Prevention of Acquired Immunodeficiency Syndrome Act filed on December 4, 2019 at its Grand Courtroom. The subject matter in this case is whether Article 19 and Article 25 Item 2 of the Prevention of Acquired Immunodeficiency Syndrome Act, which impose a punishment of imprisonment with labor for not more than three years on a person infected with the human immunodeficiency virus (HIV) who performs an act of carrying and spreading the virus, violate the rule of clarity under the principle of a poena sine lege; whether the above provisions infringe upon infected persons’ right to general freedom of movement in violation of the principle against excessive restriction; and whether the statutory punishment is excessive and thus violates the principle of proportionality between criminal liability and punishment or the principle of equality in comparison to other infectious diseases such as tuberculosis. The Court will determine the constitutionality of the above provisions after hearing the arguments of the parties and statements of expert witnesses.
  • 2020Hun-Ka1, 2021Hun-Ka10 (Consolidated)
    Hearing date
    Oct 13, 2022
    Case on Detention of Aliens under the Immigration Act
    At 2:00 p.m. on October 13, 2022, the Constitutional Court will hold an oral hearing for the motions for constitutional review concerning Article 63(1) of the Immigration Act filed respectively on January 23, 2020 (2020Hun-Ka1) and on February 9, 2021 (2021Hun-Ka10) at its Grand Courtroom. The subject matter in this case is whether Article 63(1) of the Immigration Act, which stipulates that if it is impossible to immediately repatriate a person subject to a deportation order out of the Republic of Korea as the person has no passport or no means of transportation is available, or for any other reason, the head of a Regional Immigration Service may detain the person in any detention facility until he or she can repatriate the person, violates the Constitution. The Court will determine the constitutionality of the above provision after hearing the arguments of the petitioners and the interested party and statements of expert witnesses.
  • 2022Hun-Ra4
    Hearing date
    Sep 27, 2022
    Competence Dispute between the Ministry of Justice, etc. and the National Assembly
    At 2:00 p.m. on September 27, 2022, the Constitutional Court will hold an oral hearing at the Grand Courtroom to adjudicate a competence dispute between the Ministry of Justice, etc. and the National Assembly. The Minister of Justice and six prosecutors, the Complainants, filed this competence dispute, arguing that the Respondent National Assembly infringed the prosecutors’ powers to prosecute and conduct investigations, which are governed by the Minister of Justice, by enacting the law no.18861 for partially amending the Prosecutors’ Office Act on May 9, 2022 and the law no.18862 for partially amending the Criminal Procedure Act on the same day. The Complainants seek to affirm the infringement of the Complainants’ rights and the invalidity of the said act of the Respondent. The main points of the amended Prosecutors’ Office Act include 1) reducing the scope of direct investigations by prosecutors, among others, to corruption crimes and economic crimes 2) prohibiting the prosecutor who initiated the investigation of a case from instituting public prosecution for the same case, and 3) mandating the Prosecutor General to report to the National Assembly on a quarterly basis the organization of the division responsible for initiating investigations into corruption crimes and economic crimes, etc. and the status of prosecutors and public officials working in the relevant division, as well as the details of secondment. The main points of the amended Criminal Procedure Act include 1) restricting the scope of further investigation conducted by the prosecution with regard to cases transferred from judicial police officers 2) adding a paragraph that bans pretextual investigations as a matter to be observed by investigative agencies and 3) excluding third-party accusers from the list of individuals who has the right to file an objection to the judicial police officer’s decision not to transfer the case to the prosecution.
  • 2017Hun-Ba42, etc.
    Hearing date
    Sep 15, 2022
    Case on the National Security Act
    At 2:00 p.m. on September 15, 2022, the Constitutional Court will hold an oral hearing for consolidated cases concerning the National Security Act at its Grand Courtroom. The cases under review include the constitutional complaint concerning Article 2(1), etc. of the National Security Act, filed on January 12, 2017 (2017Hun-Ba42); the constitutional complaint concerning Article 7(1), etc. of the Act, filed on July 14, 2017 (2017Hun-Ba294); the constitutional complaint concerning Article 7(1), etc. of the Act, filed on August 4, 2017 (2017Hun-Ba366); the motion for constitutional review concerning Article 7(1), etc. of the Act, filed on August 25, 2017 (2017Hun-Ka27); the constitutional complaint concerning Article 2, etc. of the Act, filed on October 10, 2017 (2017Hun-Ba 431 and 432); the constitutional complaint concerning Article 2(1), etc. of the Act, filed on October 23, 2017 (2017Hun-Ba443); the constitutional complaint concerning Article 2(1), etc. of the Act, filed on February 19, 2018 (2018Hun-Ba116); the constitutional complaint concerning Article 2, etc. of the Act, filed on May 29, 2018 (2018Hun-Ba225); the motion for constitutional review concerning Article 7(5), etc. of the Act, filed on February 7, 2019 (2019Hun-Ka6); and the constitutional complaint concerning Article 7(1), etc. of the Act, filed on March 19, 2020 (2020Hun-Ba230). The subject matter in this case is whether, among others, Article 7(1) of the National Security Act, which stipulates the punishment for any person who praises, incites, or propagates the activities of an antigovernment organization, a member thereof or of the person who has received an order from it, or who acts in concert with it, or propagates or instigates a rebellion against the State, with the knowledge of the fact that it may endanger the existence and security of the State or democratic fundamental order, and Article 7(5) of the Act, which provides for the punishment for any person who manufactures, imports, reproduces, holds, carries, distributes, sells or acquires any documents, drawings or other expression materials, with the intention of committing such act, violate the Constitution. The Court will determine the constitutionality of each of the above enumerated provisions after hearing the arguments of the petitioners and the interested party and statements of expert witnesses.
  • 2022Hun-Ra2
    Hearing date
    Jul 12, 2022
    Case on Competence Dispute over Amendment Bills on the Prosecutors’ Office Act and on the Criminal Procedure Act
    On July 12, 2022, the Constitutional Court will hold an oral hearing for a competence dispute between members of the National Assembly and the chairman of the Legislation and Judiciary Committee, etc. filed on April 29, 2022 (2022Hun-Ra 2) at its Grand Courtroom. This case was filed by Claimant Members of the National Assembly to request a review of the acts of Chairman of the Legislation and Judiciary Committee, etc. Respondent Chairman presented, and declared the passage of, a bill to partially amend the Prosecutors’ Office Act (alternative) and a bill to partially amend the Criminal Procedure Act (alternative) ？ both of which had been announced as approved as an agenda item at the Agenda Coordination Committee - at the 4th full committee meeting of the Legislation and Judiciary Committee during the 395th session of the National Assembly (special session) opened at 00:03, April 27, 2022. The Claimants argued that their right to examine and vote on bills was infringed and asked the Court to confirm the nullification of the acts.