Constitutional Court of Korea
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| Constitutional Court of Korea | ||||||||
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 Lacebark pine tree outside the Constitutional Court building. |
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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] Status
[edit] Final Adjudication Organ
A decision of the Constitutional Court cannot be appealed and binds all state agencies and local governments. Thus, the Constitutional Court is the final adjudication (last resort) organ as to the matters under its jurisdiction.[1]
[edit] One of the Highest Constitutional Organs
The Constitutional Court is one of the highest constitutional organs and is on a par with the National Assemby, the Executive, and the Supreme Court. The explicit authority for the role of the Constitutional Court is provided in Chapter Six of the Constitution.[1]
[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 the age of 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] Organization
[edit] President of the Constitutional Court
The President of the Constitutional Court represents the Constitutional Court, take charge of the affairs of the Constitutional Court, and directs and supervises public officials under his or her authority. Further, the President is the Chairman of the Council of Justices and the presiding Justice of the Full Bench of the Constitutional Court.[1]
[edit] Council of Justices
The Council of Justices is vested with the authority to decide important matters relating to the Court's administration. It consists of all the Justices and is presided over by the President of the Constitutional Court.[1]
[edit] Constitutional Court Administration
The Constittutional Court Administration is responsible for the management of the general administrative affairs of the Constitutional Court. This Administration is composed of 1 Office, 2 Bureaus, and 1 Division. Specifically, these are the Planning & Coordination Office, the Judgment Affairs Bureau, the Judicial Records & Materials Bureau, and the General Services Division. The Secretary General,the Chief of the Administration takes responsibility for the affairs of the Administration, directs and supervises the public officials under the direction of the President of the Constitutional Court. The Deputy Secretary General assists the Secretary General.[1]
[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.[2] As of December 31, 2006, the new Constitutional Court has already examined 13,945 cases with 13,058 cases resolved and 887 cases pending. This drastic change largely owes to the people's movement for democracy in 1987 which gave a birth to the current Constitutional Court and allowed a new judicial review system in Korea.[1] Currently, Justice Mr. Kang-Kook Lee has been serving the court as the 4th President of the Constitutional Court since January 22, 2007.
[edit] See also
- List of Korea-related topics
- Government of South Korea
- Supreme Court of South Korea
- South Korean law
