Constitutional Court of Korea

Decisions

Latest Decisions

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1
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  • 2020Hun-Ma1736
    Final decision
    upheld (unconstitutionality confirmed)
    Decision date
    Feb 23, 2023
    Case on Ministry of Justice Notice that Prohibited COVID-19 Patients, and Restricted Self-Quarantining or High-Risk Individuals, from Taking Bar Examination

      1. On February 23, 2023, a unanimous Court confirmed the unconstitutionality of the portions of the following notice and notification which prohibited COVID-19 patients, and restricted self-quarantining individuals and high-risk individuals, from taking a bar examination: “Notice of 10th Bar Examination Dates, Locations, and Rules for Applicants” and “Notification of COVID-19-Related 10th Bar Examination Applicant Instructions, Etc.” The Court reasoned that those portions infringed the freedom of occupational choice of Complainants. (Unconstitutionality confirmed)

      2. Justice Lee Seon-ae filed a concurring opinion, expressing the view that the above portions infringed the freedom of occupational choice of Complainants because they violated the principle of statutory reservation.