Translation:Constitutional Court Act of South Korea (1961)

Chapter I Organization

Article 1 (Purpose)

The purpose of this Act is to set forth provisions necessary for the organization and operation of the Constitutional Court and its adjudication procedures.

Article 2 (Qualifications of Justices)

(1) Judges of the Constitutional Court shall be appointed from among those who are qualified to be judges under Article 33 of the Court Organization Act.

(2) The treatment and remuneration of the Judges shall follow the practices of Supreme Court Justices.

Article 3 (Appointment of Justices)

(1) Judges designated by the Supreme Court shall be elected with the votes of a majority of incumbent Supreme Court Justices.

(2) Judges designated by the House of Councilors shall be elected with the votes of a majority of incumbent Councilors.

(3) Where the term of a Judge expires or a vacancy occurs during the term of office of a Judge, their successor shall be designated within 10 days from date on which the term of office expires or the vacancy occurs.

Article 4 (Prohibition of Concurrent Services)

(1) No Judge shall join a political party or participate in politics.

(2) No Judge shall hold concurrently any other public office or conduct any business for profit.

(3) When a Judge assumes a position they are prohibited from holding, they shall be retired as a matter of course.

Article 5 (President of the Constitutional Court)

(1) The Constitutional Court shall have a president.

(2) The President of the Constitutional Court shall chosen from among the Judges, and their appointment shall be confirmed by the President.

(3) The President of the Constitutional Court shall be elected with the votes of a majority of incumbent Judges.

(4) The President of the Constitutional Court shall take charge of the affairs of the Constitutional Court and direct and supervise the public officials under their authority.

(5) Where the President of the Constitutional Court becomes unable to perform their duties due to any any unavoidable cause, other Judges, in the order of their ages, shall act on their behalf.

Article 6 (Secretariat)

(1) The Constitutional Court shall have a Secretariat.

(2) The Secretariat and its titles shall be determined by State Council Ordinance.

(3) The Secretary-General shall serve a first-class civil servant and shall be appointed by the President of the Constitutional Court with the consent of the Council of Judges.

(4) Public servants other than those mentioned in paragraph (3) shall be appointed by the President of the Constitutional Court.

Article 7 (Expenses)

(1) Expenses of the Constitutional Court shall be appropriated independently in the budget of the State.

(2) Reserve funds shall be included in the expenses referred to in paragraph (1).

Article 8 (Quorum for Adjudication)

(1) The Constitutional Court shall review a case by and with the attendance of five or more Judges and shall make a decision on a case by affirmative vote of five or more Judges. However, in cases under 83-IV(5) of the Constitution, the Constitutional Court shall review a case by and with the attendance of six or more Judges.

(2) The provisions of Article 59(2) of the Court Organization Act shall apply mutatis mutandis to adjudication of the Constitutional Court.

(3) The President of the Constitutional Court shall be the Chief Judge.

Article 9 (Adjudication on Constitutionality of Statutes)

(1) In a case pending before a court, if the court or a party requests adjudication on the constitutionality of the statute or a final interpretation on the Constitution to the Constitutional Court, the court may suspend the proceedings until the adjudication of the Constitutional Court: Provided, That the period in which a proceeding is suspended shall not be included in calculating the detention period as prescribed in Article 92(1) of the Criminal Procedure Act and Article 184 of the Civil Procedure Act.

(2) When the Constitutional Court accepts a request under paragraph (1), it shall notify the Supreme Court without delay, and the Supreme Court shall suspend the proceedings of courts at each level in which the relevant statute or provision of the Constitution is applied.

Article 10 (Matters to Be Stated in Written Request)

(1) When a court requests adjudication on the constitutionality of a statute to the Constitutional Court, 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.

(2) When a party requests adjudication on the constitutionality of a statute or a final interpretation on the Constitution, its written request shall include the following matters:

1. Information on the case.
2. Any provision of the statute which is interpreted as unconstitutional or any provision of the Constitution which requires interpretation;
3. Reasons for which the statute is interpreted as unconstitutional or interpretation of the relevant provision of the Constitution; and
4. Other necessary matters.

(3) The provisions of Article 9 shall apply mutatis mutandis to a request under paragraph (2).

Article 11 (Competence Disputes)

(1) The written request for adjudication on competence disputes shall include the following matters:

1. Information on the institution making the complaint;
2. Disposition or omission by the respondent, which is subject to adjudication;

3. Provisions of relevant statutes; and
4. Other necessary matters.

(2) Upon the receipt of a request for adjudication on a competence dispute, the Constitutional Court may notify the relevant State agency of the dispute and order the suspension of the effect of a disposition taken by the respondent which is subject to adjudication.

Article 12 (Request for Adjudication on Dissolution of Political Party)

(1) The written request for adjudication on dissolution of a political party shall include the following matters:

1. Information on the political party requested to be dissolved; and
2. Reasons for the request.

(2) The approval of the President, and any evidence to prove the reasons for the request, shall be attached to the written request under paragraph (1).

Article 13 (Service of Decision of Dissolution)

When the Constitutional Court makes a decision ordering the dissolution of a political party, it shall serve a certified copy of the decision on the Executive and the representative of the political party.

Article 14 (Attachment of Opinions)

Any Judge who participates in adjudication shall express their opinion on the written decision.

Article 15 (Institution of Impeachment)

(1) When the National Assembly adopts a motion of impeachment, it shall appoint three members of the National Assembly as impeachment commissioners.

(2) Counsel shall be included in the trial and decree of impeachment.

Article 16 (Dismissal of Impeachment)

If the respondent has already been removed from the relevant public office before the decree of impeachment, the Constitutional Court dismiss the request for adjudication with prejudice.

Article 17 (Time Limit of Adjudication)

(1) The Constitutional Court shall commence proceedings without delay when a case if filed: Provided, That election ligation shall be heard before any other case.

(2) The Constitutional Court shall pronounce the final decision within 90 days after it receives the case for adjudication.

Article 18 (Opening of Adjudication to Public)

The hearings and pronouncement of the Constitutional Court shall be open to the public. However, if there is a danger to public safety or order or to public morals, the hearings and pronouncement may be closed to the public by decision of the Constitutional Court.

Article 19 (Police Powers)

The President of the Constitutional Court shall exercise the powers of Presiding Judge in accordance with the provisions of Articles 54 to 56 of the Court Organization Act to maintain order in the proceedings.

Article 20 (Res Judicata)

(1) The Constitutional Court shall not adjudicate again on the same case of impeachment or election litigation where a prior adjudication has already been made.

Article 21 (Service of Decision)

(1) The Constitutional Court shall serve a certified copy of the decision on the constitutionality of a statue or final interpretation of the Constitution on the requesting court or party who requested the adjudication.

(2) The written decision of the Constitutional Court shall be published in the Official Gazette.

Article 22 (Effects of Decisions of the Constitutional Court)

(1) Any decision that a statute is unconstitutional and a final interpretation on the Constitution shall bind the courts, other State agencies, and local governments.

(2) 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.

(3) The decision on competence disputes by the Constitutional Court shall bind all State agencies and local governments.

(4) Any person subject to impeachment shall be removed from the relevant public office when the Constitutional Court issues a decree of impeachment.

(5) When the Constitutional Court makes a decision ordering the dissolution of a political party, the political party shall be dissolved without delay.

Article 23 (Suspension of Adjudication Proceedings)

Where a criminal proceeding is under way for the same cause as in the request for impeachment against the respondent, the Constitutional Court may suspend the adjudication proceedings until the impeachment trial is concluded.

Article 24 (Provisions Applicable Mutatis Mutandis)

(1) Except as otherwise provided for in this Act, the provisions of the Civil Procedure Act shall apply mutatis mutandis. However, in case of exclusion, no more than three Judges may be excused for the same case.

(2) The provisions of the Criminal Procedure Act shall apply mutatis mutandis to impeachment trials. However, exceptions shall be made for provisions regarding detention.

Article 25 (Enforcement)

Matters necessary for the enforcement of this Act shall be prescribed by State Council Ordinance.

Chapter II Penalty Provisions

Article 26 (Penalty Provisions)

Any of the following persons shall be punished by an imprisonment for not more than one year or by a fine not exceeding 500,000 won:

1. A person who is summoned or commissioned as a witness, expert witness, interpreter or translator by the Constitutional Court but fails to attend without any justifiable reason;
2. A person who is demanded or ordered to submit articles of evidence by the Constitutional Court but fails to submit them without any justifiable reason.

ADDENDA<Act No. 602, April 17, 1961>

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

(2) The Constitutional Committee Act and Impeachment Court Act shall hereby be repealed.

(3) In accordance with the Supreme Court Appointment Act, the President of the Constitutional Court, and the next Judge appointed within the 15 days from the date on which the President of the Constitutional Court was appointed, shall be reappointed.

Source

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