Constitutional Court of Korea

Decisions

Hearings

Total
37
  • 2023Hun-Ra5
    Hearing date
    Dec 10, 2024
    Case on Competence Dispute concerning the Inspection of Duties by the Board of Audit and Inspection on “Personnel Management Practices such as Hiring in the National Election Commission”"
    At 2 p.m., December 10, 2024, the Court will hold a hearing at the Grand Courtroom to hear Case No. 2023Hun-Ra5 concerning a competence dispute between the National Election Commission and the Board of Audit and Inspection. This case concerns whether the inspection of duties by the Respondent Board of Audit and Inspection, which has been conducted since June 1, 2023 concerning “personnel management practices such as hiring in the National Election Commission”, infringed upon the Claimant’s power granted by the Constitution and laws. The Court will determine whether there has been an infringement of power after hearing the arguments of the parties and the statements of expert witnesses.
  • 2024Hun-Ra3
    Hearing date
    Aug 27, 2024
    Case on Competence Dispute between Members of the National Assembly and the Chairperson of the Legislation and Judiciary Committee
    At 2 p.m. on Tuesday, August 27, 2024, the Court will hold a hearing at the Grand Courtroom to hear Case No. 2024Hun-Ra3 concerning a competence dispute between members of the National Assembly and the Chairperson of the Legislation and Judiciary Committee of the National Assembly. This case concerns the actions of the Chairperson, who 1) presented a petition to immediately propose an impeachment bill against the President as an agenda item before the plenary session of the Legislation and Judiciary Committee and halted a general discussion concerning the bill; and 2) presented as agenda items the adoption of the plan to hold a hearing on the petition, the request to submit documents for the hearing, and the request to order the participation of witnesses and persons for reference, and declared that these matters are adopted. Claimants, who are members of the Legislation and Judiciary Committee, seek to affirm the infringement of their right to review and vote on bills and the invalidity of the actions of the Chairperson of the Legislation and Judiciary Committee.
  • 2022Hun-Ra1
    Hearing date
    Jul 09, 2024
    Case on Competence Dispute over Maritime Boundary between Namhae County and Tongyeong City
    At 4:30 p.m. on Tuesday, July 9, 2024, the Court will hold the second hearing at the Grand Courtroom to hear Case No. 2022Hun-Ra1 concerning a competence dispute between Namhae County and Tongyeong City. This case concerns 1) the determination and delineation of the maritime boundary between Gudol Islet (under the jurisdiction of Namhae County) and Yokji Island (under the jurisdiction of Tongyeong City) in the contested waters; and 2) whether Tongyeong City’s future actions in the contested waters could potentially infringe upon Namhae County’s autonomous authority. After a hearing attended by both parties, the Court plans to determine and delineate the maritime boundary and assess the potential risk of infringement of the authority by future actions.
  • 2022Hun-Ra1
    Hearing date
    Jun 04, 2024
    Case on Competence Dispute over Maritime Boundary between Namhae County and Tongyeong City
    The Court will hold an oral hearing on Tuesday, June 4, 2024, at 2:00 p.m. in the Grand Courtroom to hear Case No. 2022Hun-Ra1 involving a competence dispute between Namhae County and Tongyeong City. In this case, the issues are 1) the determination and delineation of the maritime boundary between Gudol Islet (under the jurisdiction of Namhae County) and Yokji Island (under the jurisdiction of Tongyeong City) in the contested waters; and 2) whether Tongyeong City's future actions in the contested waters could potentially infringe on Namhae County's autonomous authority. The Court plans to determine and delineate the maritime boundary after an oral hearing attended by both parties and will also assess the potential risk of infringement of authority due to future actions.
  • 2020Hun-Ma389, 2021Hun-Ma1264, 2022Hun-Ma854, 2023Hun-Ma846 (consolidated)
    Hearing date
    Apr 23, 2024
    Case on the National Greenhouse Gas Reduction Target for Coping with Climate Crisis
    Case on the National Greenhouse Gas Reduction Target for Coping with Climate Crisis At 2 p.m., on April 23, 2024, the Constitutional Court will hold an oral hearing for constitutional review on a consolidated case of 2020Hun-Ma389, 2021Hun-Ma1264, 2022Hun-Ma854, and 2023Hun-Ma846 at its Grand Courtroom. The subject matter of this case includes the national target for greenhouse gas reduction as stipulated in Article 42 Section 1 Item 1 of the former Framework Act on Low Carbon, Green Growth, Article 25 Section 1 of its Enforcement Decree, Article 8 Section 1 of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis and Article 3 Section 1 of its Enforcement Decree, and also the national target for reducing greenhouse gases by sector and year from 2023 to 2030 in the 1st National Basic Plan for Carbon Neutrality and Green Growth established by the Government on April 11, 2023. The Petitioners argue that the above statutes and plans infringe upon their fundamental rights including the right to environment in the response to the climate crisis.
  • 2023Hun-Ra3
    Hearing date
    Aug 22, 2023
    Case on Competence Dispute over the Issue of Directly Referring the so-called “Yellow Envelope Bill” before the Plenary Session
    On August 22, 2023, the Constitutional Court will hold an oral hearing at the Grand Courtroom to adjudicate a competence dispute between members of the National Assembly and the Chairman of the National Assembly’s Environment and Labor Committee filed on May 30, 2023 (2023Hun-Ra3). This case concerns 1) the conduct of Respondent Chairman of Environment and Labor Committee which requested the Speaker of the National Assembly to place the partial amendment bills (alternative) of the Trade Union and Labor Relations Adjustment Act before the plenary session after such a request was placed as an agenda item and passed at the first plenary meeting of Environment and Labor Committee of the 406th Session (Special) of the National Assembly convened on May 24, 2023 and 2) the conduct of Respondent Speaker of the National Assembly which involved putting the above amendment bills before the plenary session and declared the passing of the bills at the 7th plenary meeting of the 407th Session (Special) of the National Assembly convened on June 30, 2023. Claimants, who are members of the Legislation and Judiciary Committee of the National Assembly, seek to affirm the infringement of their right to review and vote on bills and the invalidity of the conducts of Respondents.
  • 2023Hun-Ra2
    Hearing date
    Jul 13, 2023
    Case on Competence Dispute over the Issue of Directly Referring the Amendment Bills of the Broadcasting Act, etc. before the Plenary Session
    On July 13, 2023, the Constitutional Court will hold an oral hearing at the Grand Courtroom to adjudicate a competence dispute between members of the National Assembly and the Chairman of the Science, ICT, Broadcasting, and Communications Committee, etc. filed on April 14, 2023 (2023Hun-Ra2). This case concerns 1) the conduct of Respondent Chairman of the Science, ICT, Broadcasting, and Communications Committee which requested the Speaker of the National Assembly to place the partial amendment bills (alternative) of the Broadcasting Act, the Foundation for Broadcast Culture Act and the Korea Education Broadcasting System Act before the plenary session after such a request was placed as an agenda item and passed at the first plenary meeting of the Science, ICT, Broadcasting, and Communications Committee of the 404th Session (Special) of the National Assembly convened on March 21, 2023 and 2) the conduct of Respondent Speaker of the National Assembly which involved putting the above amendment bills before the plenary session and declared the passing of the bills at the 5th plenary meeting of the 405th Session (Special) of the National Assembly convened on April 27, 2023. Claimants, who are members of the Legislation and Judiciary Committee of the National Assembly, seek to affirm the infringement of their right to review and vote on bills and the invalidity of the conducts of Respondents.
  • 2020Hun-Ba295, 2021Hun-Ba72 (Consolidated)
    Hearing date
    May 17, 2023
    Case on Legal Reserve of Inheritance
    On May 17, 2023, the Constitutional Court will hold an oral hearing for constitutional complaint concerning the proviso in Article 1114 of the Civil Act (2020Hun-Ba295, 2021 Hun-Ba72, Consolidated) at its Grand Courtroom. This case concerns the constitutionality of legal reserve of inheritance provided for in Articles 1112, 1113, 1114, 1115, 1116 and 1118 of the Civil Act. The subject matter of review in this case is whether the above-mentioned legal reserve of inheritance infringes upon the property right of inheritees and donees. The Court will determine the constitutionality of the above provisions after hearing the arguments of the petitioners and the interested party and statements of expert witnesses.
  • 2020Hun-Ma104
    Hearing date
    Jan 12, 2023
    Case on the Fixed Book Price System
    On January 12, 2023, the Constitutional Court will hold an oral hearing for a constitutional review concerning Article 22 Section 4, etc. of the Publishing Industry Promotion Act filed on January 20, 2020 at its Grand Courtroom. The subject matter in this case is whether Article 22 Sections 4 and 5 of the Publishing Industry Promotion Act, which impose an obligation on any person who sells a publication to sell it at fixed price and limit the combined value of price reduction and economic benefit to no more than 15 percent of the fixed price (the so-called “fixed book price system”), infringe upon the freedom of occupation for sellers of publications and the right to self-determination for consumers. The Court will determine the constitutionality of the above provisions after hearing the statements of an interested agency and expert witnesses.
  • 2019Hun-Ka30
    Hearing date
    Nov 10, 2022
    Case on Criminal Punishment of an Act of Carrying and Spreading HIV
    At 2:00 p.m. on November 10, 2022, the Constitutional Court will hold an oral hearing for the motion for constitutional review concerning Article 19, etc. of the Prevention of Acquired Immunodeficiency Syndrome Act filed on December 4, 2019 at its Grand Courtroom. The subject matter in this case is whether Article 19 and Article 25 Item 2 of the Prevention of Acquired Immunodeficiency Syndrome Act, which impose a punishment of imprisonment with labor for not more than three years on a person infected with the human immunodeficiency virus (HIV) who performs an act of carrying and spreading the virus, violate the rule of clarity under the principle of a poena sine lege; whether the above provisions infringe upon infected persons’ right to general freedom of movement in violation of the principle against excessive restriction; and whether the statutory punishment is excessive and thus violates the principle of proportionality between criminal liability and punishment or the principle of equality in comparison to other infectious diseases such as tuberculosis. The Court will determine the constitutionality of the above provisions after hearing the arguments of the parties and statements of expert witnesses.