The Story Behind Korea’s Laws: Your Guide to Korea’s Legal Pulse
SEOUL, Oct. 30 (Korea Bizwire) — A rare institutional rift has opened between South Korea’s Supreme Court and Constitutional Court over a proposed system that would allow citizens to challenge judicial decisions on constitutional grounds.
During a National Assembly audit on Wednesday, Supreme Court Chief Judicial Administration Officer Cheon Dae-yeop and Constitutional Court Secretary-General Son In-hyuk presented sharply opposing views on the Democratic Party’s proposal to introduce what it calls a constitutional review of court rulings.
The plan, central to an amendment to the Constitutional Court Act, would permit individuals to file constitutional complaints against final judicial decisions, arguing that the verdicts violated their basic rights.
The Constitutional Court supports the idea, maintaining that “the judiciary, as a public authority, must also be bound by the Constitution.” Officials there argue the reform would strengthen citizens’ constitutional protections. The Supreme Court, however, warns that such a system would effectively create a “fourth tier of appeal,” undermining judicial finality and prolonging legal disputes.
The Constitutional Court in Seoul (Image courtesy of Yonhap)
Son told lawmakers that court decisions, as exercises of public power, can infringe upon basic rights and should therefore be subject to constitutional oversight. “Calling this a fourth trial is inaccurate,” he said, adding that while caseloads would increase, “the Constitutional Court has decades of experience handling constitutional complaints efficiently.”
Cheon countered that the reform would invite repeated litigation and raise costs for ordinary citizens. “No matter how it’s packaged, this amounts to a fourth trial,” he said, warning that the system would benefit legal professionals while burdening the public with “unbearable litigation costs.”
Cheon also voiced concern over other judicial reform bills championed by the Democratic Party, including a proposal to expand the number of Supreme Court justices—which he said would weaken trial-level efficiency—and a bill to punish judges and prosecutors for “distortion of law,” or misapplication of legal principles.
The Supreme Court (Image courtesy of Yonhap)
He called the latter measure “a law that judges the judges,” warning it could lead to endless layers of review and erode public trust in the courts.
The confrontation highlights escalating tension between the nation’s two highest judicial bodies. Under South Korea’s Constitution, both the Supreme Court and the Constitutional Court stand as top-level institutions with equal status—the former handling general judicial authority, and the latter overseeing constitutional adjudication.
Yet friction between the two has deepened in recent months. In June, the Constitutional Court overturned a Supreme Court ruling that had disregarded one of its prior limited-unconstitutionality decisions—only the second such reversal in 25 years.
Observers warn that continued rivalry between the two courts could create confusion within the justice system and leave ordinary citizens caught in the crossfire.
Jerry M. Kim (jerry_kim@koreabizwire.com)
