Constitutional Court of Korea

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Constitutional Court of Korea
Lacebark pine tree outside the Constitutional Court building.
Korean name
Hangul:
헌법재판소
Hanja:
憲法裁判所
Revised Romanization: Heonbeop Jaepanso
McCune-Reischauer: Hŏnpŏp Chaep'anso

The Constitutional Court of Korea is an independent and specialised court in South Korea, whose primarily role is the reviewing constitutionality under the Constitution of the Republic of Korea. It also has administrative law functions such as ruling on competence disputes between governmental entities, giving final decisions on impeachments, and making judgments on the dissolution of political parties.

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[edit] Composition

Nine Justices serve on the court, all of whom are appointed by the President. Three of the positions are appointed directly by the President. Of the remaining six positions, three are appointed from candidates nominated by the Chief Justice of the Supreme Court, and three are appointed from candidates elected by the National Assembly. In addition, the head of the court is chosen by the President, with the consent of the National Assembly. Justices serve renewable terms of six years, and are required to retire their posts at the age of 65, excepting the head of the Constitutional Court, who may serve until age 70.

Justices of the Constitutional Court are prohibited from joining political parties and engaging in political activities by Article 112(2) of the Constitution. In addition, Justices of the Constitutional Court are prohibited by law from running businesses, holding other public offices, and being otherwise employed.

[edit] History

The current Constitutional Court dates from the inception of the Sixth Republic of South Korea in 1988, and was established by Chapter VI of the Constitution. Although prior to the Sixth Republic, there had been bodies for constitutional review, none of them were active. Prior to the establishment of the current Constitutional Court, the organs for constitutional review of the Republic of Korea had only made three rulings since 1960. In contrast, the current Constitutional Court gave rulings in more than 400 cases in its first year of operation. [1]

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