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President of the Constitutional Court of Korea

From Wikipedia, the free encyclopedia
Head of South Korean constitutional court

President of the
Constitutional Court of Korea
대한민국 헌법재판소장 (Korean)
Emblem of the Constitutional Court
Flag of the Constitutional Court of Korea
Incumbent
Kim Sang-hwan
since 24 July 2025
Constitutional Court of Korea
StyleYour Honor
StatusChief Justice
Member ofCouncil of Constitutional Court Justices
ResidenceHeonbeopjaepansojang Gonggwan
SeatJongno,Seoul
AppointerPresident
(Subject to theNational Assembly's approval)
Term lengthSix years
Constituting instrumentConstitution of South Korea
Inaugural holderCho Kyu-kwang
Formation1 September 1988; 37 years ago (1988-09-01)
WebsiteOfficial english website
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Thepresident of the Constitutional Court of Korea (Korean헌법재판소장;Hanja憲法裁判所長;RRHeonbeopjaepansojang) is thechief justice of theConstitutional Court of Korea. As presiding judge of a full bench composed of nine justices, the president represents the Constitutional Court of Korea.

The president of the Constitutional Court of Korea is regarded as one of two equivalent heads ofjudicial branch inGovernment of South Korea. The second is theChief Justice of the Supreme Court of South Korea. The equivalent status of the president of the Constitutional Court to the chief justice is guaranteed by article 15 of Constitutional Court Act.[1]Kim Sang-hwan is the current president of the Constitutional Court of Korea.

Appointment

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Under chapter 6, article 111(4) ofConstitution[2] and article 12(1) of Constitutional Court Act, the president of the Constitutional Court of Korea is appointed by thepresident of South Korea from among the nine justices of Constitutional Court, with the consent of theNational Assembly of South Korea.

Since the president is selected among nine justices, and the article 112(1) of Constitution states that the 'term of the Justices shall be renewable six years' yet does not precisely state the exact length of a president's term, the presidents who were newly appointed as both justice and the president at the same time can serve a full six-year term, though the presidents who were appointed while serving as a Constitutional Court justice can only serve the remainder of their six-year term as justice.[3] It is noteworthy that no president has tried to renew their term because it could harm the independence of the court and judiciary. Under article 7(2) of Constitutional Court Act, the president cannot be older than age 70 as other justices.

Duties

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The president's main role is participating in judgment of the court as one of nine Constitutional Court justices. According to article 22 of Constitutional Court Act, every cases shall be assigned to the Full bench (Korean:전원재판부) composed of all nine Constitutional Court justices in principle. In this case, the president becomes presiding judge following article 22(2) of the act. However, some cases can be dismissed in pre-trial stage, due to lack of claim upon which relief can be granted. Whether or not to dismiss in pre-trial stage is called 'prior review (Korean:사전심사)' under article 72(1) and 72(3) of the act and is decided unanimously by a panel (Korean:지정재판부) which consists of three Constitutional Court justices. As there are three panels in the court,[4] the president is also part of one panel

Another role of the president is to supervise judicial administration inside the court. Since the Constitutional Court of Korea has no lower courts, as it is designed to be the one and only court to rule on important constitutional cases includingjudicial review, its volume of administration tasks is smaller than that ofSupreme Court Chief Justice. Likewise, the president has no power to intervene in the appointment of other Constitutional Court justices, while the Supreme Court chief justice can intervene in appointments due to his power to recommend candidates for Supreme Court justices. This difference attenuates the hierarchical aspect within the Constitutional Court, granting more substantial power on Council of Constitutional Court to the justices (Korean:재판관회의) rather than the president.

  • The president serves as chair at the Council of Constitutional Court justices, composed of all nine Constitutional Court justices including the president, which supervises administrative tasks of the court under article 17 of Constitutional Court Act.
  • The president appoints secretary general and the deputy of Department of Court Administration (Korean:헌법재판소사무처) with consent of the Council under article 16(4) of Constitutional Court Act, which supervises administrative tasks inside the court under 17 of the act.
  • The president also appointsRapporteur Judges (Korean:헌법연구관, who have a similar role as FrenchConseiller référendaire)[vague] and court officials above grade III with consent of the Council under article 16(4) of Constitutional Court Act. Otherwise, appointment of court officials below grade III does not necessarily require consent of the council.
  • The president present written opinions to theNational Assembly, on enacting or revising laws related to administration of the Constitutional Court, under article 10-2 of Constitutional Court Act.

List of presidents

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Further information:Justice of the Constitutional Court of Korea
No.NameTenureAppointed byEducation
1Cho Kyu-kwang15 September 198814 September 1994Roh Tae-wooSeoul National University
2Kim Yong-joon15 September 199414 September 2000Kim Young-samSeoul National University
3Yun Young-chul15 September 200014 September 2006Kim Dae-jungSeoul National University
-Choo Sun-hoe (acting president)15 September 200621 January 2007following the retirement of president Yun Young-chulKorea University
4Lee Kang-kook22 January 200721 January 2013Roh Moo-hyunSeoul National University
-Song Doo-hwan (acting president)22 January 201322 March 2013following the retirement of president Lee Kang-kookSeoul National University
-Lee Jung-mi (acting president)23 March 201311 April 2013following the retirement of justice Song Doo-hwanKorea University
5Park Han-chul12 April 201331 January 2017Park Geun-hyeSeoul National University
-Lee Jung-mi (acting president)1 February 201713 March 2017following the retirement of president Park Han-chulKorea University
-Kim Yi-su (acting president)14 March 201723 November 2017following the retirement of justice Lee Jung-miSeoul National University
6Lee Jin-sung24 November 201719 September 2018Moon Jae-inSeoul National University
7Yoo Nam-seok21 September 201810 November 2023Moon Jae-inSeoul National University
-Lee Eunae (acting president)11 November 202329 November 2023following the retirement of the presidentYoo Nam-seokSeoul National University
8Lee Jong-seok30 November 202317 October 2024Yoon Suk-yeolSeoul National University
-Moon Hyungbae

(acting president)

18 October 202417 April 2025following the retirement of the presidentLee Jong-seokSeoul National University
-Kim Hyungdu

(acting president)

18 April 202523 July 2025following the retirement of the presidentMoon HyungbaeSeoul National University
9Kim Sang-hwan24 July 2025IncumbentLee Jae MyungSeoul National University

See also

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References

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  1. ^"CONSTITUTIONAL COURT ACT". Korea Legislation Research Institute. Retrieved30 March 2022.
  2. ^"CONSTITUTION OF THE REPUBLIC OF KOREA". Korea Legislation Research Institute. Retrieved30 March 2022.
  3. ^For example, the fifth President Park Han-chul served shorter than six years as president as from April 2013 to January 2017, since he started his term as Constitutional Court Justice earlier in February 2011. See"Former Justices". Constitutional Court of Korea. Retrieved30 March 2022.
  4. ^"Organization Chart". Constitutional Court of Korea. Retrieved30 March 2022.

External links

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