LATEST DECISIONS
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- 2020Hun-Ma1079
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Final decision : upheld (unconstitutionality confirmed)
Decision date : Mar 28, 2024 -
On March 28, 2024, a unanimous Court held unconstitutional the criterion relating to households composed solely of foreign nationals in Section Ⅰ, “Criteria Regarding Household Composition,” Subsection 2, “Detailed Standards for Household Composition,” of the “Emergency Disaster Relief Payment: Criteria for Household Composition and Objection Processing (2nd),” an administrative rule issued by the relevant ministries on May 13, 2020. This criterion has restricted eligibility for emergency disaster relief payments to only permanent residents and marriage-based immigrants among foreign nationals and has excluded recognized refugees.
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- 2022Hun-Ma356, 2023Hun-Ma189, 2023Hun-Ma1305 (consolidated)
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Final decision : unconstitutional
Decision date : Feb 28, 2024 -
On February 28, 2024, the Court, in a 6-to-3 decision, held that Article 20, Section (2) of the Medical Service Act violates the Constitution. This clause prohibits medical personnel from informing any pregnant woman or any other person of the sex of a fetus before 32 weeks of pregnancy.
The opinion of the Court is that restricting the disclosure of fetal sex violates the Constitution: it is not a suitable means to achieve the legislative purpose of protecting fetal life, and it fails to satisfy the least restrictive means test by excessively limiting the right of parents to gain access to the information of the sex of their fetus without interference.
Justices Lee Jongseok, Lee Eunae, and Kim Hyungdu dissented from the Court’s opinion repealing the above provision instantly by issuing a decision of simple unconstitutionality. They expressed the view that a decision of nonconformity to the Constitution should be rendered in order to allow the legislature to amend the timing of disclosure of fetal sex to an earlier stage.
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- 2019Hun-Ma500
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Final decision : rejected, dismissed
Decision date : Feb 28, 2024 -
On February 28, 2024, a unanimous Court rejected a claim against Article 53, Section (1) of the Labor Standards Act (amended by Act No. 15513 on March 20, 2018), which limits working hours to a maximum of 52 hours per week, and dismissed all of the remaining claims. The Court reasoned that this provision does not infringe freedom of contract and freedom of occupation.
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