Overview of the Constitutional Court

The Constitutional Court of Korea is an independent judicial institution established to uphold the Constitution and protect the fundamental rights of its citizens. Officially launched on September 1, 1988, the Constitutional Court plays a crucial role in maintaining the constitutional order and realizing the rule of law in the Republic of Korea.

Background of Establishment

Following the 1987 democratization movement, the need for constitutional revision arose, leading to the establishment of the Constitutional Court. Located in Seoul, the Court comprises nine justices appointed respectively by the President, the National Assembly, and the Chief Justice of the Supreme Court, ensuring its independence.

Main Functions of the Constitutional Court

• Review of the Constitutionality of Laws: Determines whether a specific law or legal provision violates the Constitution. This is done upon request from the Supreme Court or other courts.
• Impeachment Trials: Reviews the impeachment of the President, Prime Minister, and other high-ranking officials. If the National Assembly votes for impeachment, the Constitutional Court judges the legal responsibility of the official's performance of duty.
• Constitutional Complaints: Citizens can file a constitutional complaint if they claim their fundamental rights have been violated. The Constitutional Court reviews the complaint, determines whether fundamental rights have been violated, and takes remedial measures.
• Dissolution of Political Parties: Reviews the dissolution of political parties if they violate the basic order of the Constitution. Initiated at the request of the government or the National Assembly, the Constitutional Court decides whether to dissolve the party.
• Conflict of Jurisdiction: Resolves conflicts of jurisdiction between state institutions, mainly dealing with conflicts of power between the legislature, executive, and judiciary.

Through these functions, the Constitutional Court of Korea contributes to the protection of the Constitution, the realization of the rule of law, and the protection of citizens' fundamental rights. Precedents of the Constitutional Court are legally binding and play a crucial role in forming the foundation of the rule of law in the Republic of Korea.