Translation:Constitutional Committee Act of South Korea (1950)

Chapter I Organization

Article 1

The purpose of this Act is to set forth provisions necessary for the organization and operation of the Constitutional Committee.

Article 2

In addition to ordinary members, the Constitutional Committee shall have five reserve member who are members of the National Assembly and five reserve member who are Supreme Court Justices.

Where a member becomes unable to perform their duties due to any unavoidable cause, reserve members shall act on their behalf.

The order of priority of reserve members shall be determined by the Committee.

Article 3

Members and reserve members who are Supreme Court Justices shall be appointed by the President on the recommendation of the Chief Justice.

Article 4

Members and reserve members who are members of the National Assembly shall be elected by the National Assembly.

The election of members and reserve members shall be held without delay at the first session of the National Assembly formed after a general election. However, the National Assembly which enacted this Act shall elect the members and reserve members without delay upon the enforcement of this Act.

When the National Assembly elects members and reserve members, it shall first elect a multiple of the whole number of members by secret ballot, and then elect five members by secret ballot, and the remainder shall be reserve members.

Where two or more members of the Constitutional Committee vacate their positions during the term of office, their successors shall be elected without delay.

Article 5

The Chairman of the Constitutional Committee shall represent the Committee, take charge of the affairs of the Committee, and convene its meetings.

The Chairman shall have the right to vote on decisions.

Where the Chairman becomes unable to perform their duties due to any unavoidable cause, a member, previously designated by the Committee, shall act on their behalf.

Article 6

The term of office of members shall be four years. However, when a member of the National Assembly or Supreme Court Justice resigns during the term of office of a member, they shall resign as a matter of course.

Article 7

The Constitutional Committee shall have a secretariat.

A clerk bureau shall have a secretary general, chief clerk, administrative officer, and other clerks.

The secretary general and clerks shall be appointed by the President on the recommendation of the Chairman from among public officials of the National Assembly, the State Council, or the courts.

The Director of the Secretariat shall oversee the clerk bureau and direct and supervise its staff under order of the presiding judge.

Record-keepers, chief clerks, and other clerks shall prepare and keep records and other documents concerning the impeachment under order of their superiors.

Article 8

Members, reserve members, and other staff shall hold honorary positions. However, they may receive a salary and other expenses necessary to perform their duties.

Chapter II Decision on Constitutionality of Statutes

Article 9

If the constitutionality of a statute is precondition of the judgement of a case, the court which takes charge of the case shall request a decision on the constitutionality of the statute to the Constitutional Committee.

When a judge or a party to a lawsuit have an objection to the decision under preceding paragraph, they may file an appeal.

The provisions of the Civil Procedure Act shall apply mutatis mutandis to the appeals.

Article 10

When a court requests a decision on the constitutionality of a statute to the Constitutional Committee, the proceedings in the original case shall be suspended until the Constitutional Committee makes a decision on the constitutionality of the statute:

Where the Constitutional Committee accepts a request under preceding paragraph, the Supreme Court shall suspend the proceedings of the courts at each level in which the relevant statute is applied.

Article 11

When a court requests adjudication on the constitutionality of a statute to the Constitutional Committee, its written request shall include the following matters:

1. Information on the requesting court;
2. Information on the case and the parties;
3. The statute or any provision of the statute which is interpreted as unconstitutional;
4. Reasons for which the statute is interpreted as unconstitutional; and
5. Other necessary matters.

Article 12

When a court other than the Supreme Court sends a written request to the Constitutional Committee under the preceding Article, it shall be sent through the Supreme Court.

When the Supreme Court receives the written request under preceding paragraph, it shall attach its written opinion on the issue of whether or not a statute is constitutional and send it to the Constitutional Committee.

Article 13

The Constitutional Committee shall review a case by and with the attendance of at least two-thirds of its members.

Article 14

The President, the Speaker of the National Assembly, the Chief Justice, members of the State Council, members of the National Assembly, and other important persons may submit to the Constitutional Committee a written opinion on the issue of whether or not a statute is constitutional.

Article 15

The proceedings of the Constitutional Committee shall not be open to the public.

Article 16

The Constitutional Committee shall commence the hearing within 20 days of the receipt of the request on the decision of constitutionality of a statute.

Article 17

Upon making a final decision, a written decision including the reasons therefor shall be signed and sealed by the Chairman and the members participating in the decision.

Article 18

When the Constitutional Committee decides on the constitutionality of a statute, the decision shall be made only for the statute or a provision of the statute for which a review is requested: Provided, That if the Committee finds that a decision of unconstitutionality on a provision would render the entire statute unenforceable, it may decide the statute unconstitutional as a whole.

Article 19

The Constitutional Committee shall serve its written decision on the requesting court.

If the requesting court is not the Supreme Court, it shall be served through the Supreme Court.

Article 20

Any statute or provision thereof decided as unconstitutional shall lose its effect from the date on which the decision is made. However, any statute or provision thereof relating to criminal punishment shall lose its effect retroactively.

Article 21

Any member or reserve member who participates in the decision shall express their opinion on the written decision.

Article 22

The written decision of the Constitutional Committee shall be published in the Official Gazette.

Article 23

Matters necessary for the enforcement of this Act shall be prescribed by Presidential Decree.

ADDENDA<Act No. 100, February 21, 1950>

This Act shall enter into force on the date of promulgation.

Source

• Constitutional Committee Act, Ministry of Government Legislation, Korean Law Information Center