LATEST DECISIONS
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- 2020Hun-Ma389, 2021Hun-Ma1264, 2022Hun-Ma854, 2023Hun-Ma846 (consolidated)
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Final decision : nonconforming to the Constitution, rejected, dismissed
Decision date : Aug 29, 2024 -
On August 29, 2024, the Court issued the following rulings.
1. The Court held that Article 8, Section (1) of the “Framework Act on Carbon Neutrality and Green Growth for Coping with the Climate Crisis” (the “Act”) does not conform to the Constitution. It ordered that this provision remain in effect until amended by February 28, 2026. This section requires the government to set “a national mid- and long-term greenhouse gas reduction target” “to reduce national greenhouse gas emissions by a ratio prescribed by Presidential Decree not less than 35 percent from the 2018 level by 2030.”
2. The Court rejected the claim challenging Article 3, Section (1) of the Act’s Enforcement Decree, which specifies the above reduction ratio as “40 percent.”
3. The Court rejected the claims challenging both “B. Sectoral Reduction Targets” and “C. Annual Reduction Targets” under “V. Mid- and Long-Term Reduction Targets” in the “First National Plan for Carbon Neutrality and Green Growth.” This administrative plan, adopted by the government on April 11, 2023, sets numerical targets for national greenhouse gas emissions and removals by sector and by year for the period from 2023 to 2030.
4. The Court dismissed the remaining claims and the motions to intervene as a Complainant and to intervene in support of Complainants.
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- 2021Hun-Ma460
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Final decision : unconstitutional
Decision date : Jul 18, 2024 -
On July 18, 2024, the Court, in a 7-2 decision, held unconstitutional a provision of the Court Organization Act that states political party membership within the past three years as a ground for disqualification from being appointed as a judge. The Court reasoned that this provision infringes the right of Complainant to hold public office.
Justices Lee Eunae and Lee Youngjin filed an opinion of partial unconstitutionality, stating that while the portion of the above provision concerning the Chief Justice and Justices of the Supreme Court is not unconstitutional, the portion relating to a judge is unconstitutional.
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- 2023Hun-Ba78
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Final decision : unconstitutional, constitutional
Decision date : Jun 27, 2024 -
On June 27, 2024, the Court unanimously held that the portion of Article 250(2) (crime of publishing false information) of the Public Official Election Act regarding an individual publishing false information about a person who intends to be a candidate does not violate the Constitution. However, the Court, in a 6-to-3 decision, held unconstitutional the portion of Article 251 (crime of defaming a candidate) of the same Act concerning a person who intends to be a candidate, reasoning that it violates the rule against excessive restriction and infringes freedom of political expression.
Justices Lee Jongseok, Lee Eunae, and Cheong Hyungsik filed a dissenting opinion, stating that the portion of Article 251 (crime of defaming a candidate) of the Public Official Election Act relating to a person who intends to be a candidate does not infringe freedom of political expression by violating the rule against excessive restriction.
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