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Law Automatically Pardoning Property Crimes Against Family Members Declared Unconstitutional

Law Automatically Pardoning Property Crimes Against Family Members Declared Unconstitutional

SEOUL, June 27 (Korea Bizwire) – The Constitutional Court on Thursday struck down the criminal code that automatically pardons property crimes committed against immediate family members, saying it infringes upon victims’ rights to seek punishment of those crimes. Under a clause of the Criminal Act, property crimes committed against immediate family members, including parents, children [...]

Law Denying Fathers Birth Registration of Extramarital Children Ruled Unconstitutional

Law Denying Fathers Birth Registration of Extramarital Children Ruled Unconstitutional

SEOUL, March 30 (Korea Bizwire) — The Constitutional Court has ruled against a family registration law that practically bars biological fathers from registering the birth of children they have in extramarital relations with married women, legal sources said Thursday. The court recently delivered the ruling in a unanimous decision on a petition filed against Articles [...]

Court Upholds Constitutionality of Law Mandating School Bully’s Apology to Victim

Court Upholds Constitutionality of Law Mandating School Bully’s Apology to Victim

SEOUL, Feb. 28 (Korea Bizwire) — The Constitutional Court has ruled that the school violence prevention law mandating a school bully’s apology to the victim and other countermeasures is constitutional, officials said Tuesday. The court made the decision 6-3, rejecting a middle school student’s petition claiming that the anti-school violence law infringes upon the freedom [...]

Constitutional Court Rules Against Uniformly Heavy Punishment of Trespassers Committing Sex Crimes

Constitutional Court Rules Against Uniformly Heavy Punishment of Trespassers Committing Sex Crimes

SEOUL, Feb. 23 (Korea Bizwire) – The Constitutional Court ruled Thursday that the current law stipulating a prison sentence of at least seven years for those charged with trespassing into someone else’s house to commit sexual offenses is unconstitutional. The court unanimously made the ruling in response to separate petitions from the Jeonju District Court [...]

Court Rules Against Banning Child Sex Abusers from Becoming Public Officials, Soldiers

Court Rules Against Banning Child Sex Abusers from Becoming Public Officials, Soldiers

SEOUL, Nov. 24 (Korea Bizwire) — The Constitutional Court on Thursday struck down two legal clauses permanently banning people convicted of sex crimes against children from being appointed as public officials or soldiers. Under the two separate laws, people convicted for sexual offenses against minors are permanently banned from working as public servants or career [...]

Court Rules Against Annulment of Existing Marriages Between 3rd and Closer Cousins

Court Rules Against Annulment of Existing Marriages Between 3rd and Closer Cousins

SEOUL, Oct. 27 (Korea Bizwire) — The current civil law invalidating marriages among third cousins and closer relatives does not conform to the Constitution and needs to be revised, the Constitutional Court ruled Thursday. The court said that it is constitutional for the civil law to prohibit marriages between third and closer cousins. But a [...]

Blanket 10-yr Child Care Career Ban on Emotional Child Abusers Unconstitutional

Blanket 10-yr Child Care Career Ban on Emotional Child Abusers Unconstitutional

SEOUL, Sept. 29 (Korea Bizwire) — The Constitutional Court struck down a law that bans those who are fined for emotional child abuse from working at a child care center for 10 years, saying it excessively restricts the basic rights of those subject to the law. The court decision follows a petition filed by a [...]

Court Rules Aggravated Punishment for Repeat DUI Offenses Unconstitutional

Court Rules Aggravated Punishment for Repeat DUI Offenses Unconstitutional

SEOUL, May 26 (Korea Bizwire) – The Constitutional Court ruled Thursday that a law calling for aggravated punishment against repeated offenses of drunk driving or refusing field sobriety testing is unconstitutional. The nine-justice panel made the ruling in a 7-2 vote to a clause of the country’s revised Road Traffic Act, dubbed the Yoon Chang-ho [...]

Constitutional Court Rules Against Ban on Lawyers from Joining Online Legal Service Platform

Constitutional Court Rules Against Ban on Lawyers from Joining Online Legal Service Platform

SEOUL, May 26 (Korea Bizwire) — The Constitutional Court ruled Thursday that the lawyers’ code of conduct banning them from joining online legal counseling platforms, such as LawTalk, is unconstitutional, a decision expected to bring sweeping changes to how law is practiced in South Korea. The ruling is in favor of 60 lawyers and Law&Company, [...]