Constitutional Court Act

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CHAPTER I GENERAL PROVISIONS

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 Article 1 (Purpose)
 

The purpose of this Act is to provide matters necessary for the organization and administration of the Constitutional Court and its judgment procedure.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 2 (Jurisdiction)
 

The Constitutional Court shall have jurisdiction over the following matters:
1.
Judgment on the constitutionality of laws upon the request of the courts;
2.
Judgment on impeachment;
3.
Judgment on dissolution of a political party;
4.
Judgment on disputes on jurisdiction between national agencies, between a national agency and a local government, and between local governments;
5.
Judgment on constitutional complaints.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 3 (Composition)
 

The Constitutional Court shall be comprised of nine Justices.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 4 (Independence of Justices)
 

Justices shall adjudicate independently according to their conscience and in conformity with the Constitution and laws.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 5 (Qualification for Justices)
 

(1)
Justices shall be appointed from among those who have held any of the following positions for 15 years or more and who are 40 or older: Provided, That with respect to a person who has held two or more of the following positions, the period of such person's service shall be the aggregate of the periods of service in all such positions:
1.
A judge, public prosecutor or attorney-at-law;
2.
A person who is qualified as an attorney-at-law, and has been engaged in legal affairs in a national agency, a national or public enterprise, a public institution under Article 4 of the Act on the Management of Public Institutions or other corporations;
3.
A person who is qualified as an attorney-at-law, and has held a position corresponding to or higher than an assistant professor of jurisprudence in an accredited college or university.
(2)
A person falling under any of the following subparagraphs shall not be appointed as a Justice:
1.
A person who shall not be appointed as a public official under other Acts and subordinate statutes;
2.
A person who has been sentenced to imprisonment without prison labor or heavier punishment;
3.
A person for whom five years have not yet passed since he/she was dismissed by impeachment.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 6 (Appointment of Justices)
 

(1)
Justices shall be appointed by the President. In such case, from among the Justices, three shall be elected by the National Assembly, and three shall be nominated by the Chief Justice of the Supreme Court.
(2)
Justices shall be appointed, elected or nominated, following confirmation hearings of the National Assembly. In such case, the President shall request a confirmation hearing before he/she appoints the Justices (excluding those elected by the National Assembly, or nominated by the Chief Justice), and the Chief Justice shall request a confirmation hearing before he/she nominates the Justices.
(3)
When the term of office of a Justice expires, or he/she reaches the retirement age, his/her successor shall be appointed until the date of termination of his/her office or the date on which the Justice reaches the retirement age.
(4)
Where a vacancy occurs during the term of office of a Justice, his/her successor shall be appointed within 30 days from the date on which the vacancy occurs.
(5)
Notwithstanding paragraphs (3) and (4), when the term of office of a Justice elected by the National Assembly expires or he/she reaches the retirement age, or where a vacancy occurs during the closure or adjournment of the National Assembly, the National Assembly shall elect his/her successor within 30 days after the commencement of the next session.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 7 (Term of Justices)
 

(1)
The term of Justices shall be six years, and they may be reappointed.
(2)
The retirement age of a Justice shall be 65: Provided, That the retirement age of the president of the Constitutional Court shall be 70.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 8 (Guarantee of Status of Justices)
 

No Justice shall be removed from his/her office against his/her own will unless he/she falls under any of the following subparagraphs:
1.
Where an impeachment decision is rendered against him/her;
2.
Where he/she is sentenced to imprisonment without prison labor or heavier punishment.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 9 (Prohibition of Justice's Participation in Politics)
 

No Justice shall join a political party or participate in politics.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 10 (Power to Make Regulations)
 

(1)
The Constitutional Court may make regulations relating to the adjudication procedure, internal discipline and administration, to the extent that is not contrary to this Act and other Acts.
(2)
The Constitutional Court Regulations shall be promulgated, publishing them in the Gazette.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 10-2 (Presentation of Opinions on Legislation)
 

Where the President of the Constitutional Court deems that any enactment or amendment of the Acts relating to organization, personnel affairs, operation, adjudication procedure and other functions of the Constitutional Court is required, he/she may present in writing his/her opinions thereon to the National Assembly.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 11 (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).
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

CHAPTER II ORGANIZATION

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 Article 12 (President of Constitutional Court)
 

(1)
The Constitutional Court shall have a president.
(2)
The President of the Republic of Korea shall appoint the president of the Constitutional Court among the Justices, with the consent of the National Assembly.
(3)
The president of the Constitutional Court shall represent the Constitutional Court, manages comprehensively affairs of the Constitutional Court, and direct and supervise public officials under his/her authority.
(4)
If the position of the president of the Constitutional Court is vacant or the president becomes unable to perform his/her duties due to any accident, other Justices shall perform such duties on behalf of the president in the order prescribed by the Constitutional Court Regulations.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 13 Deleted.
 

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 Article 14 (Prohibition of Justice's Holding Concurrent Positions)
 

Justices shall not hold concurrently any of the following offices or conduct any business for profit-making:
1.
A member of the National Assembly or a local council;
2.
A public official in the National Assembly, the Government or a court;
3.
An adviser, officer or employee of a corporation or an association, etc.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 15 (Treatment of President of Constitutional Court, etc.)
 

The treatment and remuneration of the president of the Constitutional Court shall comply with the case of the Chief Justice of the Supreme Court, and the Justices of the Constitutional Court shall be public officials in political service and their treatment and remuneration shall comply with the case of the Justices of the Supreme Court.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 16 (Council of Justices)
 

(1)
The Council of Justices shall consist of all the Justices, and the president of the Constitutional Court shall be the Chairperson.
(2)
Resolution of the Council of Justices shall be passed by the attendance of seven or more Justices and by the affirmative vote of a majority of the Justices present.
(3)
The Chairperson shall have a vote.
(4)
Resolution on the following matters shall be passed by the Council of Justices:
1.
Matters concerning the enactment, amendment of the Constitutional Court Regulations and the matters concerning presentation of opinions on legislation pursuant to Article 10-2;
2.
Matters concerning a request for budget, appropriation of reserve funds and settlement of accounts;
3.
Matters concerning the appointment or dismissal of the Secretary General, Deputy Secretary General, Constitution Research Officers and public officials of Grade III or higher;
4.
Matters deemed specially important and presented by the president of the Constitutional Court for discussion.
(5)
Matters necessary for the operation of the Council of Justices shall be stipulated in the Constitutional Court Regulations.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 17 (Department of Court Administration)
 

(1)
In order to manage the administrative affairs of the Constitutional Court, the Department of Court Administration shall be established in the Constitutional Court.
(2)
The Department of Court Administration shall have a Secretary General and a Deputy Secretary General.
(3)
The Secretary General shall, under the direction of the president of the Constitutional Court, manage the affairs of the Department of Court Administration and direct and supervise the public officials under his/her authority.
(4)
The Secretary General may attend the National Assembly or the State Council and speak about the administration of the Constitutional Court.
(5)
In case of an administrative litigation against dispositions made by the president of the Constitutional Court, the Secretary General of the Constitutional Court shall be the defendant.
(6)
The Deputy Secretary General shall assist the Secretary General, and in case that the Secretary General is unable to perform his/her duties due to any avoidable causes, the Deputy Secretary General shall act on behalf of him/her.
(7)
The Department of Court Administration shall have offices, bureaus and sections.
(8)
The office chief shall be assigned to the office, the bureau chief to the bureau, and the section chief to the section. There may be directors or officers-in-charge under the Secretary General, the Deputy Secretary General, the office chief or the bureau chief for assisting in policy planning, establishment of plans, research, investigation, examination, evaluation and public relations.
(9)
The organization and the scope of functions of the Department of Court Administration, the prescribed number of public officials assigned to the Department of Court Administration and other necessary matters, which are not prescribed in this Act, shall be stipulated in the Constitutional Court Regulations.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 18 (Public Officials of Department of Court Administration)
 

(1)
The Secretary General shall be a public official in political service, and his/her remuneration shall be the same amount as the remuneration of a member of the State Council.
(2)
The Deputy Secretary General shall be a public official in political service, and his/her remuneration shall be the same amount as the remuneration of a Vice-Minister.
(3)
The office chiefs shall be appointed from the public officials of Grade I or II in general service; the bureau chiefs from the public officials of Grade II or III in general service; the director and officers-in-charge from the public officials of Grade II through IV in general service; and the division chief from the public officials of Grade III or IV in general service: Provided, That one officer-in-charge may be appointed from the public officials corresponding to Grade III or IV in extraordinary civil service.
(4)
Public officials of the Department of Court Administration shall be appointed and dismissed by the president of the Constitutional Court: Provided, That the appointment and dismissal of public officials of Grade III or higher shall be subject to a decision of the Council of Justices.
(5)
The president of the Constitutional Court may request other government agencies to dispatch public officials under their authority to the Constitutional Court in order to have them serve as public officials of the Department of Court Administration.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 19 (Constitution Research Officers)
 

(1)
The Constitutional Court shall have the Constitution Research Officers of the number provided by the Constitutional Court Regulations.
(2)
The Constitution Research Officers shall be the public officials in special service.
(3)
The Constitution Research Officers shall be engaged in the investigation and research concerning the hearing and adjudication of cases under the order of the president of the Constitutional Court.
(4)
The Constitution Research Officers shall be appointed among those falling under any of the following subparagraphs by the president of the Constitutional Court, following a resolution of the Council of Justices:
1.
A person who is qualified as a judge, public prosecutor or attorneyat-law;
2.
A person who has been in a position equal to or higher than an assistant professor of jurisprudence in an accredited college or university;
3.
A person who has been engaged in legal affairs for five or more years as a public official of Grade IV or higher in the government agencies, such as the National Assembly, Government or courts;
4.
A person who has obtained a doctorate in jurisprudence, and engaged in legal affairs for five years or more in the government agencies, such as the National Assembly, Government, courts or the Constitutional Court;
5.
A person who has obtained a doctorate in jurisprudence, and engaged in legal affairs for five years or more in the accredited research institute, such as the college or university stipulated by the Constitutional Court Regulations.
(5)
Deleted.
(6)
Any person falling under any of the following subparagraphs shall not be appointed as the Constitution Research Officers.
1.
Person falling under any subparagraph of Article 33 of the State Public Officials Act;
2.
Person who has been sentenced to imprisonment without prison labor or heavier punishment;
3.
Person for whom 5 years have not elapsed after the dismissal due to a decision of impeachment.
(7)
The term of office of the Constitution Research Officers shall be 10 years, but a consecutive appointment may be permitted, and their age limit shall be 60 years old.
(8)
When any Constitution Research Officer falls under any subparagraph of paragraph (6), he/she shall be required to retire: Provided, That this shall not apply when he/she falls under subparagraph 5 of Article 33 of the State Public Officials Act.
(9)
The president of the Constitutional Court may request other State agencies to dispatch public officials under their authority to the Constitutional Court in order to have them serve as the Constitution Research Officers.
(10)
The Deputy Secretary General may hold a concurrent position of the Constitution Research Officer.
(11)
The president of the Constitutional Court may have a Constitution Research Officer concurrently hold an office other than the affairs of investigation and research concerning the hearing and adjudication of cases. In this case, the number of the Constitution Research Officers shall be prescribed by the Regulations of the Constitutional Court and the higher amount in the Regulations shall be paid.

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 Article 19-2 (Assistant Constitution Research Officer)
 

(1)
Where any Constitution Research Officer is newly appointed, he/she shall be appointed as such Officer after he/she serves as the Assistant Constitution Research Officer for three years and his career records are considered: Provided, That an appointment of the Assistant Constitution Research Officer may be exempted or the service period may be reduced by taking into account his/her career and service abilities, etc., as stipulated by the Constitutional Court Regulations.
(2)
The Assistant Constitution Research Officer shall be appointed by the president of the Constitutional Court after the Council of Justices passes a resolution.
(3)
The Assistant Constitution Research Officer shall be a public official in extraordinary service, and his/her remuneration and criteria for promotion shall be pursuant to the practices of those of the Constitution Research Officer.
(4)
Where the career records of an Assistant Constitution Research Officer is inferior, he/she may be dismissed by going through a resolution by the Council of Justices.
(5)
The service period of Assistant Constitution Research Officer shall be counted in the tenure of service as the Constitution Research Officer as referred to in this Act and other Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 19-3 (Constitution Research Officers)
 

(1)
The Constitutional Court may hire Constitution Research Officers. The Constitution Research Officers shall engage in professional investigation and research concerning the hearing and adjudication of cases.
(2)
The Constitution Research Officers shall be appointed for a fixed term within the extent of three years.
(3)
The Constitution Research Officers shall be public officials in special services or in contractual services equivalent to Grade II or III, and the organization and qualifications for them shall be prescribed by the Constitutional Court Regulations.
[This Article Newly Inserted by Act No. 8729, Dec. 21, 2007]

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 Article 19-4 (Constitutional Trial Research Institute)
 

(1)
The Constitutional Trial Research Institute shall be established in the Constitutional Court for research on the Constitution and constitutional trials and education of Constitution Research Officers, public officials of the Department of Court Administration, etc.
(2)
The fixed number of the Constitutional Trial Research Institute shall be 40 persons or less including one president, and a Constitution Research Officer or a State public official of Grade I in general service shall be appointed as the president.
(3)
Notwithstanding paragraph (2), the president may be appointed from among the public officials in contractual services.
(4)
Matters necessary for the organization and operation of the Constitutional Trial Research Institute shall be prescribed by the Constitutional Court Regulations.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 20 (Secretariat, etc. under President of Constitutional Court)
 

(1)
The Constitutional Court shall establish a secretariat under the president of the Constitutional Court.
(2)
A chief secretary shall be assigned to the secretariat under the president of the Constitutional Court. The chief secretary shall be appointed as a public official equivalent to Grade I in extraordinary civil service, and manages confidential affairs under the order of the president of the Constitutional Court.
(3)
Other than those as prescribed in paragraph (2), matters necessary for organization and operation of the secretariat under the president of the Constitutional Court shall be determined by the Constitutional Court Regulations.
(4)
Secretaries of Justices shall be assigned to the Constitutional Court.
(5)
Secretaries of Justices shall be appointed as public officials of Grade IV in general service or those equivalent to Grade IV in extraordinary civil service, and manages confidential affairs under the order of the Justices.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 21 (Clerks and Court Guards)
 

(1)
Clerks and court guards shall be assigned to the Constitutional Court.
(2)
The president of the Constitutional Court shall designate clerks and court guards from among the personnel of the Department of Court Administration.
(3)
Clerks shall manage the affairs concerning the preparation, safekeeping or delivery of documents related to cases under the order of the presiding Justice.
(4)
Court guards shall maintain order in the courtroom and execute other affairs ordered by the presiding Justice.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

CHAPTER III GENERAL PROCEDURE OF ADJUDICATION

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 Article 22 (Full Bench)
 

(1)
Other than those as provided in this Act, the trial in the Constitutional Court shall be assigned to the full bench composed of all the Justices.
(2)
The presiding Justice of the full bench shall be the president of the Constitutional Court.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 23 (Quorum of Trial)
 

(1)
The full bench shall try a case with the attendance of seven or more Justices.
(2)
The full bench shall make a decision on a case with the affirmative vote of majority of Justices participating in the final trial: Provided, That the affirmative vote of six or more Justices is required, in case of falling under any of following subparagraphs:
1.
Where it makes a decision of acceptance on the constitutionality of a law, impeachment, dissolution of a political party or acceptance of a constitutional complaint;
2.
Where it modifies a previous opinion on interpretation and application of the Constitution or laws made by the Constitutional Court.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 24 (Exclusion, Challenge and Evasion)
 

(1)
In case where a Justice falls under any of the following subparagraphs, the Justice shall be excluded from the execution of the Justice's services:
1.
Where a Justice is a party or is or was the spouse of a party;
2.
Where a Justice is or was a relative;
3.
Where a Justice provides witness or gives an expert opinion on the case;
4.
Where a Justice is or was a legal guardian to a party with respect to the case;
5.
Where a Justice was involved in the case because of his/her official duties or professions, outside the Constitutional Court.
(2)
The full bench may, ex officio or upon a motion by a party, take a decision to exclude a Justice.
(3)
In case where a Justice is considered to have any cause for which he/she is unable to make a fair judgment, a party may apply for recusal: Provided, That this shall not apply in case where such party has attended the trial and made a statement on the principal matter on the date designated for the pleading.
(4)
A party may not apply for recusal of two or more Justices for the same case.
(5)
In case where there exists a cause referred to in paragraph (1) or (3), the Justice may recuse himself/herself with permission of the presiding Justice.
(6)
Articles 44, 45, 46 (1) and (2), and 48 of the Civil Procedure Act shall apply mutatis mutandis to a trial on the application for exclusion or recusal.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 25 (Representative or Agent)
 

(1)
Where the Government is a party (including an intervener; hereinafter the same shall apply) in any proceeding, the Minister of Justice shall represent it.
(2)
In any proceeding, a State agency or local government which is a party may select an attorney-at-law or its employee who is qualified as an attorney-at-law as an agent and have him/her pursue the proceeding.
(3)
In any proceeding, unless a natural person who is a party selects an attorney-at-law as an agent, he/she shall not request for an adjudication or pursue an adjudication: Provided, That this shall not apply in case where such party is an attorney-at-law.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 26 (Form of Request for Adjudication)
 

(1)
The request for adjudication to the Constitutional Court shall be made by submitting to the Constitutional Court a written request as prescribed for each proceeding for adjudication: Provided, That in an adjudication on the constitutionality of a law, the written request shall be substituted by a written request of the court, and in an adjudication on an impeachment, by the certified copy of the impeachment resolution of the National Assembly.
(2)
Documentary evidence or reference material may be appended to the written request.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 27 (Service of Written Request)
 

(1)
The Constitutional Court shall, upon receiving a written request, promptly deliver a copy thereof to the requested agency or person (hereinafter referred to as "respondent").
(2)
In cases of a request for an adjudication on the constitutionality of a law, a copy of such written request shall be served to the Minister of Justice and the party of the court case concerned.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 28 (Revision of Request for Adjudication)
 

(1)
Where the presiding Justice determines that a request for adjudication fails to meet its requirements but may satisfy them by revising it, the Justice shall require such request to be revised within a reasonable time determined by such Justice.
(2)
Article 27 (1) shall be applicable mutatis mutandis to a written revision as referred to in paragraph (1).
(3)
Where the request is revised under paragraph (1), it shall be deemed to have been made at the time the initial request was submitted.
(4)
The period as referred to in paragraph (1) shall not be included in calculating the period of adjudication under Article 38.
(5)
Where the presiding Justice deems it necessary, he/she may vest one of the Justices with the authority to request revision under paragraph (1).
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 29 (Presentation of Written Answer)
 

(1)
The respondent may, upon receiving a written request or a written revision, present a written answer to the Constitutional Court.
(2)
The written answer shall include an answer on the purpose and the reason of the request for adjudication.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 30 (Method of Review)
 

(1)
Proceedings of impeachment, dissolution of a political party and competence disputes shall be conducted through oral presentation.
(2)
Proceedings on the constitutionality of a law and a constitutional complaint shall be conducted through a written review: Provided, That if it is deemed necessary, the full bench may hold oral proceedings, and hear the statements of parties, interested persons and other witnesses.
(3)
Where the full bench holds oral proceedings, it shall fix the date and summon parties and relevant persons.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 31 (Investigation of Evidence)
 

(1)
If the full bench deems necessary to review a case, it may, ex officio or upon motion by a party, examine evidence as follows:
1.
To question the party or witness;
2.
To demand presentation of documents, books, articles and other evidentiary materials which are possessed by the parties or relevant persons, and to place them in custody;
3.
To order persons of special learning and experience to appraise evidence;
4.
To verify the nature or condition of relevant goods, persons, places and other things.
(2)
The presiding Justice may, if he/she deems it necessary, designate one of Justices to conduct the evidence examination under paragraph (1).
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 32 (Demand, etc. for Presentation of Materials)
 

The full bench may, by a ruling, request facts necessary for the adjudication to other organs of the State or public organizations, or demand them to send records or present materials: Provided, That with respect to records on a case for which an adjudication, prosecution or criminal investigation is under way, the full bench may not make such request or demand.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 33 (Place of Adjudication)
 

The oral proceedings of the adjudication and the pronouncement of final decision shall be made in the courtroom: Provided, That where the president of the Constitutional Court deems necessary, the oral proceedings of the adjudication or the pronouncement of final decision may be made in a place outside the courtroom.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 34 (Opening of Adjudication to Public)
 

(1)
The oral proceedings of the adjudication and the pronouncement of the decision shall be open to the public: Provided, That any written review and deliberation shall not be open to the public.
(2)
The proviso to Article 57 (1) and (2) and (3) of the same Article of the Court Organization Act shall be applicable mutatis mutandis to the proceedings of the Constitutional Court.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 35 (Direction of Adjudication and Police Power in Court)
 

(1)
The presiding Justice shall keep order in the courtroom, preside over oral proceedings and organize deliberation.
(2)
The provisions of Articles 58 through 63 of the Court Organization Act shall apply mutatis mutandis to the maintenance of order and the use of language in the courtroom of the Constitutional Court.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 36 (Final Decision)
 

(1)
When the full bench finishes the review, it shall make a final decision.
(2)
Upon making a final decision, a written decision stating each of the following matters shall be prepared, and signed and sealed by all the Justices participating in the adjudication:
1.
Number and title of the case;
2.
Indication of the parties and a person who participates in the litigation or his/her legal guardian;
3.
Conclusion;
4.
Reason;
5.
Date of decision.
(3)
Any Justice who participates in an adjudication shall indicate his/her opinion on the written decision.
(4)
When a final decision is pronounced, the clerk shall prepare without delay an authentic copy of the written decision and serve it on the parties.
(5)
The final decision shall be publicly announced in the Gazette.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 37 (Expenses, etc. of Adjudication)
 

(1)
The expenses for adjudication of the Constitutional Court shall be borne by the State: Provided, That those for examination of evidence by a request of a party may be borne by the party, as determined by the Constitutional Court Regulations.
(2)
The Constitutional Court may order a person requesting an adjudication on a constitutional complaint to pay a deposit money pursuant to the Constitutional Court Regulations.
(3)
The Constitutional Court may order a transfer some or all of the deposit money to the National Treasury under the conditions as determined by the Constitutional Court Regulations, in case of falling under any of the following subparagraphs:
1.
Where a request for adjudication on constitutional complaint is rejected;
2.
Where a request for adjudication on constitutional complaint is dismissed, and such request is deemed to be an abuse of the right.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 38 (Period of Adjudication)
 

The Constitutional Court shall pronounce the final decision within 180 days after it receives the case for adjudication: Provided, That if the attendance of seven Justices is impossible due to a vacancy in Justices, the period of vacancy shall not be included in calculating the adjudication period.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 39 (Prohibition against Double Jeopardy)
 

The Constitutional Court shall not retry the same case as an adjudication has already been made.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 39-2 (Access to, and Reproduction of Records on which Adjudication has been Made)
 

(1)
Anyone may apply for access to, or reproduction of records of a case where adjudication has been made for the purpose of the remedy of rights, academic research or public interest: Provided, That the president of the Constitutional Court may restrict access to, or reproduction of records of a case when falling under any of the following subparagraphs:
1.
In case where the oral proceedings were not open to the public;
2.
In case where the disclosure of records of the case to the public is apprehended to substantially infringe national security, good public morals, maintenance of public order or public welfare;
3.
In case where the disclosure of records of the case to the public is apprehended to substantially infringe the honor of the related persons, secret of private life, trade secret (referred to the trade secret as prescribed in subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act) or safety of life and body, or tranquility of life.
(2)
In case where the president of the Constitutional Court restricts access to, or reproduction of records of the case under proviso to paragraph (1), he/she shall specify the ground thereof and notify an applicant.
(3)
Matters necessary for access to, or reproduction of records of a case under paragraph (1) shall be prescribed by the Rules of the Constitutional Court.
(4)
A person who has accessed to, or reproduced a record of a case shall not infringe the public order or good public morals, nor commit any acts of impairing the honor of the related persons or tranquility of life by utilizing the information that he/she came to know through his/her access to or reproduction of the record.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 40 (Applicable Provisions)
 

(1)
Except as otherwise provided in this Act, the Acts and subordinate statutes relating to the civil procedure shall apply mutatis mutandis to the procedure for adjudication of the Constitutional Court within the limit not contrary to the nature of constitutional adjudication. In this case, the Acts and subordinate statutes relating to the criminal procedure shall apply mutatis mutandis together with such provisions to a case of adjudication on impeachment, and the Administrative Litigation Act, to a case of adjudication on competence dispute and constitutional complaint.
(2)
In case referred to in the latter part of paragraph (1), if the Acts and subordinate statutes relating to the criminal procedure or the Administrative Litigation Act are conflicted with those relating to the civil procedure, the latter shall not be applicable mutatis mutandis.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

CHAPTER IV SPECIAL ADJUDICATION PRO-CEDURE

SECTION 1 Adjudication on Constitutionality of Law

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 Article 41 (Request for Adjudication on Constitutionality of Law)
 

(1)
If the constitutionality of a law is precondition of adjudication of a court case, the court which takes charge of the case (including the military court; hereinafter the same shall apply) shall request an adjudication on the constitutionality of a law, to the Constitutional Court, ex officio or by decision upon application of the party.
(2)
Application of the party as referred to in paragraph (1) shall be made in writing stating matters as referred to in subparagraphs 2 through 4 of Article 43.
(3)
Article 254 of the Civil Procedure Act shall apply mutatis mutandis to an examination of the written application referred to in paragraph (2).
(4)
No appeal shall be made against a decision on the request for adjudication on the constitutionality of a law.
(5)
Where a court other than the Supreme Court makes such a request referred to in paragraph (1), it shall do so through the Supreme Court.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 42 (Suspension of Proceedings, etc.)
 

(1)
If a court requests to the Constitutional Court an adjudication on the constitutionality of a law, the proceedings on the court case shall be suspended until the Constitutional Court makes a decision on the constitutionality of a law: Provided, That if the court deems urgent, the proceedings other than the final adjudication may be proceeded.
(2)
The period of suspension of adjudication under the main sentence of paragraph (1) shall not be included in calculating the detention period as prescribed in Article 92 (1) and (2) of the Criminal Procedure Act and Article 132 (1) and (2) of the Military Court Act and the period pronouncement of judgment under Article 199 of the Civil Procedure Act.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 43 (Matters to be Stated in Written Request)
 

Where a court requests to the Constitutional Court adjudication on constitutionality of a law, the written request therefor shall include the following matters:
1.
Indication of the requesting court;
2.
Indication of the case and the parties;
3.
The law or any provision of the law which is interpreted as unconstitutional;
4.
Reasons on which it is interpreted as unconstitutional;
5.
Other necessary matters.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 44 (Opinions of Litigant)
 

The relevant litigant and the Minister of Justice may submit to the Constitutional Court a written opinion on whether or not the law is constitutional.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 45 (Decision of Constitutionality)
 

The Constitutional Court shall decide only whether or not the requested Act or any provision of the Act is constitutional: Provided, That if it is deemed that the whole provisions of the Act are unable to enforce due to a decision of constitutionality of some provisions, a decision of constitutionality may be made on the whole Act.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 46 (Service of Written Decision)
 

The Constitutional Court shall send an original copy of the written decision to the requesting court within 14 days from the day of decision. In this case, if the requesting court is not the Supreme Court, it shall be sent through the Supreme Court.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 47 (Effect of Decision of Constitutionality)
 

(1)
Any decision that a law is unconstitutional shall be binding upon the courts, other State agencies and local governments.
(2)
Any law or provisions thereof decided as unconstitutional shall lose its effect from the day on which the decision is made: Provided, That the law or provisions thereof relating to any penalty shall lose its effect retroactively.
(3)
In case referred to in the proviso to paragraph (2), the re-adjudication may be requested with respect to a conviction based on the law or provisions thereof decided as unconstitutional.
(4)
The Criminal Procedure Act shall apply mutatis mutandis to the re-adjudication as referred to in paragraph (3)
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

SECTION 2 Adjudication on Impeachment

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 Article 48 (Prosecution for Impeachment)
 

In case where a public official who falls under any of the following subparagraphs violates the Constitution or laws in the course of execution of his/her duties, the National Assembly may pass a resolution a prosecution for impeachment pursuant to the Constitution and the National Assembly Act:
1.
The President, the Prime Minister, Members of the State Council or head of each Ministry;
2.
Justices of the Constitutional Court, judges and Commissioners of the National Election Commission;
3.
The Chairperson of the Board of Audit and Inspection and Commissioners thereof;
4.
Public officials prescribed by other relevant Acts.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 49 (Prosecution Commissioner)
 

(1)
In adjudication on impeachment, the Chairperson of the Legislation and Justice Committee of the National Assembly shall be the prosecution commissioner.
(2)
The prosecution commissioner shall request the Constitutional Court of an adjudication on impeachment by presenting an original copy of the written resolution of the prosecution for impeachment, and may examine the respondent during the oral proceedings of the adjudication.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 50 (Suspension of Exercise of Power)
 

No person against whom a resolution on prosecution for impeachment is made shall exercise his/her power until the Constitutional Court makes adjudication on it.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 51 (Suspension of Proceedings for Adjudication)
 

Where criminal proceedings are under way for the same ground of a request for impeachment against the respondent, the full bench may suspend the proceedings of adjudication.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 52 (Non-Attendance of Party)
 

(1)
If a party fails to attend on the date for oral pleading, a new date shall be refixed.
(2)
If the party fails to attend even on the refixed date, he/she shall be allowed to be examined without his/her attendance.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 53 (Contents of Decision)
 

(1)
Where a request for an impeachment is well-grounded, the Constitutional Court shall pronounce a decision that the respondent shall be removed from the relevant public office.
(2)
If the respondent has already been removed from the relevant public office before the pronouncement of the decision, the Constitutional Court shall reject the request for adjudication.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 54 (Effect of Decision)
 

(1)
The decision of impeachment shall not exempt the respondent from the civil or criminal liability.
(2)
Any person who is removed by decision of impeachment shall not be a public official unless five years have passed after the decision is pronounced.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

SECTION 3 Adjudication on Dissolution of Political Party

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 Article 55 (Request for Adjudication on Dissolution of Political Party)
 

If any objective or activity of a political party are contrary to the democratic basic order, the Government may request through a deliberation of the State Council an adjudication on dissolution of the political party to the Constitutional Court.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 56 (Matters to be Stated on Written Request)
 

The written request for adjudication on dissolution of a political party shall include any of the matters prescribed in the following subparagraphs;
1.
Indication of the political party requested to be dissolved;
2.
Reasons for request.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 57 (Provisional Disposition)
 

The Constitutional Court may, upon receiving a request for adjudication on dissolution of a political party, make ex officio or upon a request of the requesting party a decision to suspend the activities of the respondent until the final decision is pronounced.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 58 (Notification of Request, etc.)
 

(1)
Where an adjudication on dissolution of a political party is requested, a provisional disposition is decided and such adjudication is concluded, the president of the Constitutional Court shall notify the facts to the National Assembly and the National Election Commission.
(2)
The written decision that orders a dissolution of a political party shall also be delivered, in addition to the respondent, on the National Assembly, the Government and the National Election Commission.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 59 (Effect of Decision)
 

When a decision that orders the dissolution of a political party is pronounced, the political party shall be dissolved.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 60 (Execution of Decision)
 

The decision of the Constitutional Court that orders the dissolution of a political party shall be executed by the National Election Commission under the Political Parties Act.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

SECTION 4 Adjudication on Disputes over Authority

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 Article 61 (Grounds for Request)
 

(1)
If any controversy over the existence or non-existence or the scope of authority arises between State agencies, between State agencies and local governments, or between local governments, the relevant State agencies or local government may request an adjudication on dispute over authority to the Constitutional Court.
(2)
The request for adjudication as referred to in paragraph (1) may be claimed only when disposition or non-performance of the respondent infringes on or is likely to infringe on the authority of the requesting party granted by the Constitution or laws.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 62 (Classification of Adjudication on Dispute over Authority)
 

(1)
The adjudication on competence dispute shall be classified as the following subparagraphs:
1.
Adjudication on dispute over authority between State agencies:
Adjudication on dispute over authority between the National Assembly, the Government, Courts and the National Election Commission;
2.
Adjudication on dispute over authority between a State agency and a local government:
(a)
Adjudication on dispute over authority between the Government and the Special Metropolitan City, Metropolitan City, Do or Special Self-Governing Province;
(b)
Adjudication on dispute over authority between the Government and a Si/Gun or Gu which is a local government (hereinafter referred to as an "autonomous Gu").
3.
Adjudication on dispute over authority between local governments:
(a)
Adjudication on dispute over authority between the Special Metropolitan City, Metropolitan City, Do or Special Self-Governing Province;
(b)
Adjudication on dispute over authority between a Si/Gun or an autonomous Gu;
(c)
Adjudication on dispute over authority between the Special Metropolitan City, Metropolitan City or Do and a Si/Gun or an autonomous Gu.
(2)
If a dispute over authority relates to affairs of a local government concerning education, science and art under Article 2 of the Local Education Autonomy Act, the Superintendent of the Board of Education shall be the party referred to in paragraph (1) 2 and 3.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 63 (Period of Request)
 

(1)
The adjudication on dispute over authority shall be requested within 60 days after the existence of the cause is known, or within 180 days after the cause occurs.
(2)
The period as referred to in paragraph (1) shall be a unchangeable term.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 64 (Matters to be Stated on Written Request)
 

The written request for adjudication on dispute over authority shall include the any of the matters prescribed in the following subparagraphs:
1.
Indication of the claimant or the institution whereto the claimant belongs, and the litigation performer or his/her legal guardian;
2.
Indication of the respondent;
3.
Disposition or non-performance by the respondent, which is subject to the adjudication;
4.
Reasons for the request;
5.
Other necessary matters.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 65 (Provisional Disposition)
 

Upon receiving a request for adjudication on dispute over authority the Constitutional Court may make, ex officio or upon request of the claimant, a decision to suspend the effect of a disposition taken by the respondent which is subject to the adjudication until the final decision is pronounced.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 66 (Contents of Decision)
 

(1)
The Constitutional Court shall judge matters regarding the existence, non-existence or scope of the competence of a State agency or a local government which is subject to the adjudication.
(2)
In the case as referred to in paragraph (1), the Constitutional Court may cancel a disposition of the respondent which has caused an infringement on jurisdiction, or confirm its invalidity, and when the Constitutional Court has rendered a decision on admitting the request for adjudication against non-performance, the respondent shall take a disposition pursuant to the purport of decision.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 67 (Effect of Decision)
 

(1)
The decision made in an adjudication on dispute over authority by the Constitutional Court shall be binding upon all State agencies and local governments.
(2)
The decision to cancel a disposition of a government agency or a local government shall not affect the effect which has already been given to the person against whom the disposition is directed.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

SECTION 5 Adjudication on Constitutional Complaint

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 Article 68 (Grounds for Request)
 

(1)
Any person whose fundamental rights guaranteed by the Constitution is infringed due to exercise or non-exercise of the public power, excluding judgment of the court, may request the Constitutional Court an adjudication on constitutional complaint: Provided, That if any procedure of remedies is available by other laws, he/she may request it after having taken all such procedures.
(2)
If a request made for adjudication on constitutionality of a law under Article 41 (1) is rejected, the person who has proposed a motion may request an adjudication on constitutional complaint to the Constitutional Court. In this case, the party shall not request again an adjudication on constitutionality of a law, for the same reason in the procedure of the case concerned.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 69 (Period for Request)
 

(1)
The adjudication on constitutional complaint under Article 68 (1) shall be requested within 90 days after the cause is known, or within one year after the cause occurs: Provided, That the adjudication on constitutional complaint to be requested after taking a remedial procedure in other laws, shall be requested within 30 days after the final decision in the procedure is notified.
(2)
The adjudication on constitutional complaint under Article 68 (2) shall be requested within 30 days from the date of receiving a notice of the decision on rejection of the request for an adjudication on constitutionality of a law is constitutional.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 70 (Court-Appointed Counsel)
 

(1)
If a person who desires to request the adjudication on constitutional complaint has no financial resource to appoint an attorney-at-law as his/her counsel, he/she may apply for an appointment of a court-appointed counsel to the Constitutional Court. In this case, the period of request as prescribed in Article 69 shall be counted from the day on which such request is made.
(2)
When the Constitutional Court deems it necessary for the public interest, it may appoint a court-appointed counsel notwithstanding paragraph (1).
(3)
The Constitutional Court shall, upon receiving an application under paragraph (1) or in the case of paragraph (2), appoint a court-appointed counsel from among attorneys-at-law, as prescribed by the Constitutional Court Regulations: Provided, That it may not appoint a court-appointed counsel in cases where the said request for adjudication is obviously unlawful or groundless, or where deemed to be an abuse of rights.
(4)
If the Constitutional Court makes a decision not to appoint a courtappointed counsel, it shall notify it without delay to the applicant. In this case, the period from the day the requesting person makes application for appointment to the day he/she receives the notification shall not be counted for the purpose of satisfying the period for request as prescribed in Article 69.
(5)
A court-appointed counsel who has been appointed under paragraph (3) shall submit to the Constitutional Court a written request for adjudication indicating the matters as referred to in Article 71, within 60 days from the date of his/her appointment.
(6)
A court-appointed counsel who has been appointed under paragraph (3) shall be paid his/her remuneration from the national treasury, as prescribed by the Constitutional Court Regulations.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 71 (Matters to be Stated on Written Request)
 

(1)
The written request for adjudication on constitutional complaint under Article 68 (1) shall include any of the following matters:
1.
Indication of the claimant and his/her legal guardian;
2.
Infringed rights;
3.
Exercise or non-exercise of public authority which has allegedly infringed on the rights;
4.
Reasons for the request;
5.
Other necessary matters.
(2)
Article 43 shall apply mutatis mutandis to matters to be stated on the written request for adjudication on constitutional complaint under Article 68 (2). In this case, the term "indication of the requesting court" used in subparagraph 1 of Article 43 shall be considered as "indication of the claimant and his/her legal guardian."
(3)
The written request for adjudication on constitutional complaint shall be appended to the document attesting the appointment of counsel or a written notification of appointment of the court-appointed counsel.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 72 (Prior Examination)
 

(1)
The president of the Constitutional Court may establish a designated bench composed of three Justices in the Constitutional Court and have the bench take charge of the prior examination of an adjudication on constitutional complaint.
(2)
Deleted.
(3)
In case of falling under any of the following subparagraphs, the designated bench shall reject, without reviewing on the merit, a request for adjudication on constitutional complaint by a decision made by the unanimous opinion of all the Justices of the designated bench:
1.
Where remedial procedures are provided by other laws, but the adjudication on constitutional complaint is requested without taking all the remedial procedures, or against the judgment of the court;
2.
Where the adjudication on constitutional complaint is requested after the requesting period prescribed in Article 69 has been expired;
3.
Where the request is made without appointing an agent under Article 25;
4.
Where the request for adjudication on constitutional complaint is unlawful and the unlawfulness is not corrected.
(4)
In case where the designated bench does not make a decision of rejection referred to in paragraph (3) by the unanimous opinion of all the Justices, it shall transfer by decision the constitutional complaint to the full bench. If no rejection is decided until 30 days elapse after requesting the adjudication on constitutional complaint, it shall be considered that a decision to transfer it to the adjudication (hereinafter referred to as "decision to transfer to adjudication") is made.
(5)
Articles 28, 31, 32 and 35 shall apply mutatis mutandis to the review of the designated bench.
(6)
Matters necessary for the composition and the operation of the designated bench shall be provided by the Constitutional Court Regulations.

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 Article 73 (Notification of Rejection and Decision to Transfer to Adjudication)
 

(1)
If the designated bench rejects the constitutional complaint, or decides to refer it to the adjudication, it shall notify it to the claimant, or his/her legal guardian and the respondent within 14 days from the day of decision. The same shall also apply to the case provided in the latter part of Article 72 (4).
(2)
If a constitutional complaint is transferred to an adjudication of the full bench under Article 72 (4), the president of the Constitutional Court shall notify it without delay to each of the following persons:
1.
The Minister of Justice;
2.
Party to the case who is not the claimant, in case of an adjudication on constitutional complaint under Article 68 (2).
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 74 (Presentation of Opinions of Interested Agencies, etc.)
 

(1)
State agencies or public organizations which are interested in an adjudication on constitutional complaint, and the Minister of Justice may present to the Constitutional Court opinion on the adjudication.
(2)
If the constitutional complaint prescribed in Article 68 (2) is trans ferred to an adjudication of the full bench, Articles 27 (2) and 44 shall apply mutatis mutandis to it.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 75 (Decision of Acceptance)
 

(1)
A decision to accept the constitutional complaint shall be binding upon all the State agencies and the local governments.
(2)
In accepting a constitutional complaint under Article 68 (1), the infringed fundamental rights and the exercise or non-exercise of the public authority by which the infringement has been caused shall be specified in the conclusion of the written decision of the acceptance.
(3)
In the case referred to in paragraph (2), the Constitutional Court may nullify the exercise of the public authority which infringes on fun damental rights, or confirm that the non-exercise is unconstitutional.
(4)
Where the Constitutional Court makes a decision to accept a constitutional complaint against a non-exercise of the public authority, the respondent shall take a new disposition in accordance with such decision.
(5)
In cases under paragraph (2), if the Constitutional Court deems that the exercise or non-exercise of the public authority is caused by an unconstitutional law or provisions of a law, it may declare in the decision of acceptance that the relevant law or provisions of the law is unconstitutional.
(6)
In cases under paragraph (5) and in cases where a constitutional complaint prescribed in Article 68 (2) is accepted, Articles 45 and 47 shall apply mutatis mutandis to such cases.
(7)
Where a constitutional complaint prescribed in Article 68 (2) is accepted, if a case in court involving the relevant constitutional complaint has been already decided by final judgment, the party may request a retrial of the case by the court.
(8)
In case of a retrial under paragraph (7), the provisions of the Criminal Procedure Act shall apply mutatis mutandis to criminal cases, and those of the Civil Procedure Act shall apply mutatis mutandis to other cases.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

CHAPTER V PERFORMANCE OF PROCEDURES OF ADJUDICATION THROUGH ELECTRONIC DATA PROCESSING SYSTEM

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 Article 76 (Receipt of Electronic Documents)
 

(1)
A party to or a related person in various procedures of adjudication may make a written claim or other documents to be submitted pursuant to this Act in electronic documents (referring to information transmitted and received or stored after being prepared in an electronic form through systems equipped with the data processing capacity, such as computers, etc.; hereinafter the same shall also apply), and may submit them via the electronic data processing system (referring to electronic systems provided with the data processing capacity required to prepare, transmit and receive electronic documents required for procedures of adjudication; hereinafter the same shall apply) designated or operated by the Constitutional Court by using information and communications network.
(2)
Any electronic document submitted pursuant to paragraph (1) shall have the same validity as a document submitted pursuant to this Act.
(3)
Any electronic document submitted by using the electronic data processing system shall be deemed to have been received when it is electronically recorded on the electronic data processing system.
(4)
Where any electronic document is received pursuant to paragraph (3), the Constitutional Court shall promptly advise the relevant party or related person of such receipt by an electronic method, as prescribed by the Constitutional Court Regulations.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

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 Article 77 (Electronic Signature, etc.)
 

(1)
A party or an interested person shall affix his/her electronic signature which may confirm the person him/herself to any electronic document submitted to the Constitutional Court, as prescribed by the Constitutional Court Regulations.
(2)
Where a Justice or clerk prepares documents on a case of judgement in electronic documents, he/she shall affix his/her administrative electronic signature (hereinafter referred to as "administrative electronic signature") pursuant to subparagraph 6 of Article 2 of the Electronic Government Act.
(3)
Any electronic signature under paragraph (1) or any administrative electronic signature under paragraph (2) shall be deemed a signature, a signature and seal or affixation of a signature and seal prescribed by Acts and subordinate statutes on procedures of adjudication of the Constitutional Court.
[This Article Newly Inserted by Act No. 9839, Dec. 29, 2009]

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 Article 78 (Electronic Delivery, etc.)
 

(1)
The Constitutional Court may deliver a written decision or various documents pursuant to this Act to the party or a related person by using the electronic data processing system and information and communications network linked thereto: Provided, That this shall not apply to cases where the party or a related person does not consent thereto.
(2)
The Constitutional Court shall input and record documents, such as a written decision, etc., which should be delivered to the party or a related person in the electronic data processing system, and then notify him/her of such record by an electronic method, as prescribed by the Constitutional Court Regulations.
(3)
Delivery of a document by using the electronic data processing system under paragraph (1) shall have the same validity of delivery of a document in writing.
(4)
In case of paragraph (2), when any person who is to receive a document confirms an electronic document recorded as prescribed by the Constitutional Court Regulations, such document shall be deemed to have been delivered: Provided, That when the person does not confirm such record within two weeks from the date it is notified, such document shall be deemed to have been delivered on the date two weeks pass from the date such record is notified.
(5)
Notwithstanding paragraph (1), where electronic delivery is impossible owing to trouble in the electronic data processing system or where any other reason prescribed by the Constitutional Court Regulations exists, the Constitutional Court may deliver any document pursuant to the Civil Procedure Act.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

CHAPTER VI PENAL PROVISIONS

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 Article 79 (Penal Provisions)
 

Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than one year, or by a fine not exceeding one million won:
1.
Any person who is summoned or commissioned as a witness, expert witness, interpreter or translator by the Constitutional Court, but fails to attend without justifiable grounds;
2.
Any person who is demanded or ordered to present articles of evidence by the Constitutional Court, but fails to present them without justifiable grounds;
3.
Any person who refuses, interferes with or evades an investigation or inspection of the Constitutional Court without justifiable grounds.
[This Article Wholly Amended by Act No. 10546, Apr. 5, 2011]

ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 1988: Provided, That the appointment of the president, full-time Justices and Justices of the Constitutional Court under this Act, and the preparation for the enforcement of this Act shall be done before this Act enters into force.
Article 2 (Repealed Act)
The Constitutional Committee Act (Act No. 2530) shall hereby be repealed.
Article 3 (Transitional Measures concerning Pending Cases)
Cases pending in the Constitutional Committee at the time when this Act enters into force, shall be transferred to the Constitutional Court. In this case, it shall not affect the effect already in force.
Article 4 (Transitional Measures concerning Matters Occurred)
This Act shall also apply to matters occurred before this Act enters into force: Provided, That it shall not prejudice the effect in force under the Constitutional Committee Act before the enforcement of this Act.
Article 5 (Transitional Measures concerning Previous Personnel)
Public officials in the Secretariat of the Constitutional Committee at the time when this Act enters into force, shall be considered to be appointed as those in the Department of Court Administration of the Constitutional Court.
Article 6 (Transitional Measures concerning Budget)
The budget managed by the Constitutional Committee at the time when this Act enters into force, shall be considered to be under the control of the Constitutional Court.
Article 7 (Succession of Rights and Duties)
Rights and duties which the Constitutional Committee has at the time when this Act enters into force, shall be succeeded to by the Constitutional Court.
Article 8 Omitted.

ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
Full-time Justices and Justices who are not full-time Justices, at the time when this Act enters into force, shall be considered Justices appointed under this Act, and their term shall be calculated from the time of their appointment before this Act enters into force.
Article 3 Omitted.

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

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

ADDENDUM
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)

ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.

ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.

ADDENDA

(1)
(Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2)
(Transitional Measures) The Constitution Research Officer and Assistant Constitution Research Officer who are the public officials in general service or extraordinary civil service at the time of enforcement of this Act, shall be deemed to have been appointed under this Act respectively as the Constitution Research Officer who is a State public official in special service and the Assistant Constitution Research Officer who is a State public official in extraordinary civil service: Provided, That the period of service as the Constitution Research Officer and Assistant Constitution Research Officer prior to the enforcement of this Act shall be counted in the tenure of service as the Constitution Research Officer and Assistant Constitution Research Officer as referred to this Act and other Acts and subordinate statutes, and the period of service as a Grade IV public official in the State agency shall be regarded as the period of service as an Assistant Constitution Research Officer at the time of defining the salary class.
(3)
Omitted.

ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... ... the provisions of Article 7 of Addenda (excluding paragraphs (2) and (29)) shall enter into force on January 1, 2008.
Articles 2 through 7 Omitted.

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

ADDENDUM
This Act shall enter into force on January 1, 2008.

ADDENDUM
This Act shall enter into force three months after the date of its promulgation.

ADDENDUM
This Act shall enter into force on March 1, 2010: Provided, That the amended provisions of Article 28 (5) shall enter into force on the date of its promulgation.

ADDENDUM
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 19-4 shall enter into force six months after the date of its promulgation.

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

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