Korea Constitutional Court Schedules Multiple Hearings Through February 2025

Decisions

• 2024Hun-Ra8 Hearing date Feb 19, 2025 Case on Competence Dispute regarding the Passage of the Bill to Impeach the Prime Minister Serving as Acting President At 4 p.m. on February 19, 2025, the Court will hold a hearing at the Grand Courtroom for Case No. 2024Hun-Ra8 regarding a competence dispute between members of the National Assembly and its Speaker.

This case concerns, among others, whether the action of the Speaker of the National Assembly in declaring the passage of the impeachment bill against Prime Minister Han Duck-soo, presented before the plenary session on December 27, 2024, infringed upon the authority granted to the Claimants by the Constitution and the law.

The Court will determine whether there was an infringement of authority after hearing the arguments of the parties.
- 2025 Hun-Ra1 Hearing date Jan 22, 2025 Case on Competence Dispute concerning the Failure to Appoint a Justice of the Constitutional Court by the Acting President At 10 a.m. on January 22, 2025, the Court will hold a hearing at the Grand Courtroom to hear Case No. 2025Hun-Ra1 concerning a competence dispute between the National Assembly and the President.

This case concerns whether the inaction of the Acting President and Minister of Economy and Finance, which involves failing to appoint one of the three Justice candidates nominated by the National Assembly on December 26, 2024, infringed upon the constitutional or legal authority of the Claimant, the National Assembly.

The Court will determine whether there has been an infringement of authority after hearing the arguments of the parties.
- 2023Hun-Ra5 Hearing date Dec 10, 2024 Case on Competence Dispute concerning the Inspection of Duties by the Board of Audit and Inspection on “Personnel Management Practices such as Hiring in the National Election Commission”" At 2 p.m., December 10, 2024, the Court will hold a hearing at the Grand Courtroom to hear Case No. 2023Hun-Ra5 concerning a competence dispute between the National Election Commission and the Board of Audit and Inspection.

This case concerns whether the inspection of duties by the Respondent Board of Audit and Inspection, which has been conducted since June 1, 2023 concerning “personnel management practices such as hiring in the National Election Commission”, infringed upon the Claimant’s power granted by the Constitution and laws.

The Court will determine whether there has been an infringement of power after hearing the arguments of the parties and the statements of expert witnesses.
- 2024Hun-Ra3 Hearing date Aug 27, 2024 Case on Competence Dispute between Members of the National Assembly and the Chairperson of the Legislation and Judiciary Committee At 2 p.m. on Tuesday, August 27, 2024, the Court will hold a hearing at the Grand Courtroom to hear Case No. 2024Hun-Ra3 concerning a competence dispute between members of the National Assembly and the Chairperson of the Legislation and Judiciary Committee of the National Assembly.

This case concerns the actions of the Chairperson, who 1) presented a petition to immediately propose an impeachment bill against the President as an agenda item before the plenary session of the Legislation and Judiciary Committee and halted a general discussion concerning the bill; and 2) presented as agenda items the adoption of the plan to hold a hearing on the petition, the request to submit documents for the hearing, and the request to order the participation of witnesses and persons for reference, and declared that these matters are adopted.

Claimants, who are members of the Legislation and Judiciary Committee, seek to affirm the infringement of their right to review and vote on bills and the invalidity of the actions of the Chairperson of the Legislation and Judiciary Committee.
- 2022Hun-Ra1 Hearing date Jul 09, 2024 Case on Competence Dispute over Maritime Boundary between Namhae County and Tongyeong City At 4:30 p.m. on Tuesday, July 9, 2024, the Court will hold the second hearing at the Grand Courtroom to hear Case No. 2022Hun-Ra1 concerning a competence dispute between Namhae County and Tongyeong City.

This case concerns 1) the determination and delineation of the maritime boundary between Gudol Islet (under the jurisdiction of Namhae County) and Yokji Island (under the jurisdiction of Tongyeong City) in the contested waters; and 2) whether Tongyeong City’s future actions in the contested waters could potentially infringe upon Namhae County’s autonomous authority. After a hearing attended by both parties, the Court plans to determine and delineate the maritime boundary and assess the potential risk of infringement of the authority by future actions.
- 2022Hun-Ra1 Hearing date Jun 04, 2024 Case on Competence Dispute over Maritime Boundary between Namhae County and Tongyeong City The Court will hold an oral hearing on Tuesday, June 4, 2024, at 2:00 p.m. in the Grand Courtroom to hear Case No. 2022Hun-Ra1 involving a competence dispute between Namhae County and Tongyeong City.
In this case, the issues are 1) the determination and delineation of the maritime boundary between Gudol Islet (under the jurisdiction of Namhae County) and Yokji Island (under the jurisdiction of Tongyeong City) in the contested waters; and 2) whether Tongyeong City's future actions in the contested waters could potentially infringe on Namhae County's autonomous authority. The Court plans to determine and delineate the maritime boundary after an oral hearing attended by both parties and will also assess the potential risk of infringement of authority due to future actions.
- 2020Hun-Ma389, 2021Hun-Ma1264, 2022Hun-Ma854, 2023Hun-Ma846 (consolidated) Hearing date Apr 23, 2024 Case on the National Greenhouse Gas Reduction Target for Coping with Climate Crisis Case on the National Greenhouse Gas Reduction Target for Coping with Climate Crisis
At 2 p.m., on April 23, 2024, the Constitutional Court will hold an oral hearing for constitutional review on a consolidated case of 2020Hun-Ma389, 2021Hun-Ma1264, 2022Hun-Ma854, and 2023Hun-Ma846 at its Grand Courtroom.

The subject matter of this case includes the national target for greenhouse gas reduction as stipulated in Article 42 Section 1 Item 1 of the former Framework Act on Low Carbon, Green Growth, Article 25 Section 1 of its Enforcement Decree, Article 8 Section 1 of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis and Article 3 Section 1 of its Enforcement Decree, and also the national target for reducing greenhouse gases by sector and year from 2023 to 2030 in the 1st National Basic Plan for Carbon Neutrality and Green Growth established by the Government on April 11, 2023. The Petitioners argue that the above statutes and plans infringe upon their fundamental rights including the right to environment in the response to the climate crisis.
- 2023Hun-Ra3 Hearing date Aug 22, 2023 Case on Competence Dispute over the Issue of Directly Referring the so-called “Yellow Envelope Bill” before the Plenary Session On August 22, 2023, the Constitutional Court will hold an oral hearing at the Grand Courtroom to adjudicate a competence dispute between members of the National Assembly and the Chairman of the National Assembly’s Environment and Labor Committee filed on May 30, 2023 (2023Hun-Ra3).

This case concerns 1) the conduct of Respondent Chairman of Environment and Labor Committee which requested the Speaker of the National Assembly to place the partial amendment bills (alternative) of the Trade Union and Labor Relations Adjustment Act before the plenary session after such a request was placed as an agenda item and passed at the first plenary meeting of Environment and Labor Committee of the 406th Session (Special) of the National Assembly convened on May 24, 2023 and 2) the conduct of Respondent Speaker of the National Assembly which involved putting the above amendment bills before the plenary session and declared the passing of the bills at the 7th plenary meeting of the 407th Session (Special) of the National Assembly convened on June 30, 2023.

Claimants, who are members of the Legislation and Judiciary Committee of the National Assembly, seek to affirm the infringement of their right to review and vote on bills and the invalidity of the conducts of Respondents.
- 2023Hun-Ra2 Hearing date Jul 13, 2023 Case on Competence Dispute over the Issue of Directly Referring the Amendment Bills of the Broadcasting Act, etc. before the Plenary Session On July 13, 2023, the Constitutional Court will hold an oral hearing at the Grand Courtroom to adjudicate a competence dispute between members of the National Assembly and the Chairman of the Science, ICT, Broadcasting, and Communications Committee, etc. filed on April 14, 2023 (2023Hun-Ra2).

This case concerns 1) the conduct of Respondent Chairman of the Science, ICT, Broadcasting, and Communications Committee which requested the Speaker of the National Assembly to place the partial amendment bills (alternative) of the Broadcasting Act, the Foundation for Broadcast Culture Act and the Korea Education Broadcasting System Act before the plenary session after such a request was placed as an agenda item and passed at the first plenary meeting of the Science, ICT, Broadcasting, and Communications Committee of the 404th Session (Special) of the National Assembly convened on March 21, 2023 and 2) the conduct of Respondent Speaker of the National Assembly which involved putting the above amendment bills before the plenary session and declared the passing of the bills at the 5th plenary meeting of the 405th Session (Special) of the National Assembly convened on April 27, 2023.

Claimants, who are members of the Legislation and Judiciary Committee of the National Assembly, seek to affirm the infringement of their right to review and vote on bills and the invalidity of the conducts of Respondents.
- 2020Hun-Ba295, 2021Hun-Ba72 (Consolidated) Hearing date May 17, 2023 Case on Legal Reserve of Inheritance On May 17, 2023, the Constitutional Court will hold an oral hearing for constitutional complaint concerning the proviso in Article 1114 of the Civil Act (2020Hun-Ba295, 2021 Hun-Ba72, Consolidated) at its Grand Courtroom.

This case concerns the constitutionality of legal reserve of inheritance provided for in Articles 1112, 1113, 1114, 1115, 1116 and 1118 of the Civil Act. The subject matter of review in this case is whether the above-mentioned legal reserve of inheritance infringes upon the property right of inheritees and donees.

The Court will determine the constitutionality of the above provisions after hearing the arguments of the petitioners and the interested party and statements of expert witnesses.