LATEST DECISIONS
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- 2025Hun-Ra1
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Final decision : upheld (competence infringed), dismissed
Decision date : Feb 27, 2025 -
On February 27, 2025, the Court, in a unanimous decision by all Justices, ruled on a competence dispute case between Claimant, the National Assembly, and Respondent, the Acting President and Minister of Economy and Finance.
Claimant sought a decision (1) confirming that Respondent’s failure to appoint Ma Eun-hyeok, whom Claimant elected as a Justice, constituted an infringement of its constitutional or statutory authority (“confirmation of infringement of authority”); and (2) confirming Ma Eun-hyeok’s status as a Justice or ordering Respondent to appoint him as a Justice (“confirmation of status or order for appointment”).
The Court upheld the claim for confirmation of infringement of authority, finding that Respondent’s failure to appoint Ma Eun-hyeok violated Claimant’s authority to form the Court by electing Justices. However, it dismissed the claim for confirmation of status or order for appointment as nonjusticiable.
While all Justices agreed on the holding, three Justices issued a concurring opinion on the justiciability of the claim for confirmation of infringement of authority.
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- 2023Hun-Ra5
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Final decision : upheld (competence infringed)
Decision date : Feb 27, 2025 -
On February 27, 2025, the Court, in a unanimous decision by all eight Justices, held that Respondent (BAI)’s inspection of Claimant (National Election Commission)’s personnel management status, including recruitment, conducted from June 1, 2023 to February 25, 2025 infringed Claimant’s authority to independently carry out its functions, as guaranteed by the Constitution and the Election Commission Act.
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- 2019Hun-Ba317
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Final decision : constitutional, dismissed
Decision date : Jan 23, 2025 -
On January 23, 2025, the Court, in a unanimous decision by all participating Justices, issued the following rulings on Article 17, Section (3) of the Act on Counter-Terrorism for the Protection of Citizens and Public Security (enacted by Act No. 14071 on March 3, 2016), which penalizes persons who recommend or instigate others to join a terrorist group: 1) the Court dismissed as nonjusticiable the claim against the portion of the provision penalizing recommendations to join a terrorist group, because the claim did not meet the requirement of relevance to the underlying penal case; and 2) the Court further ruled that the portion of the provision penalizing instigation to join such a group does not violate the rule against excessive restriction and is therefore not unconstitutional.
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