Justice of the Constitutional Court of Korea explained

Post:Justice
Body:the
Constitutional Court of Korea
Insignia:Emblem of the Constitutional Court of Korea.svg
Insigniasize:100px
Insigniacaption:Emblem of the Constitutional Court
Flag:Flag of the Constitutional Court of Korea.svg
Flagcaption:Flag of the Constitutional Court of Korea
Flagsize:125px
Department:Constitutional Court of Korea
Style:Your Honor
Status:Justice
Member Of:Council of Constitutional Court Justices
Seat:Jongno, Seoul
Appointer:President of South Korea
Termlength:Six years, renewable
Constituting Instrument:Constitution of South Korea
Website:Official english website

The Constitutional Court of Korea is one of two highest courts in court system of South Korea. It is composed of nine Constitutional Court Justices, and one of them is the 'President of the Court'. The exact number of Constitutional Court Justices is determined by article 111(2) of the Constitution of South Korea.[1]

By article 111(2) of the Constitution, all of the Constitutional Court Justices are appointed by the President of South Korea. However, following article 111(3) of the Constitution, three of the Constitutional Court Justices should be appointed from candidates selected by the National Assembly, and another three of Constitutional Court Justices should be appointed from candidates nominated by the Supreme Court Chief Justice. Thus, only three of nine Constitutional Court Justices are directly appointed by the President of South Korea. They serve for renewable term of six-year under article 112(1) of the Constitution, yet there are only two Justices who tried to renew their term because it could eventually harm judicial independence by amplifying influence of the President of South Korea on the Constitutional Court.

According to article 5(1) of 'Constitutional Court Act',[2] Constitutional Court Justices should be at least 40 years old, and should also have more than 15 years of career in legal practice or academia with license of attorney at law.

Current Justices

Below table is list of current Justices in Constitutional Court of Korea.[3]

NameTenure / Current LengthAppointed bySelected·Nominated byEducation
(President) / (Directly by President of South Korea)Seoul National University
/ Chief Justice (Kim Myeong-soo)Seoul National University
/ Chief Justice (Kim Myeong-soo)Seoul National University
/ National Assembly (Liberty Korea)Seoul National University
/ National Assembly (Bareunmirae)Sungkyunkwan University
/ National Assembly (Democratic)Seoul National University
/ (Directly by President of South Korea)Seoul National University
/ (Directly by President of South Korea)Pusan National University
Kim Hyungdu / Yoon Suk-yeolChief Justice (Kim Myeong-soo)Seoul National University

Former Justices

Below table is list of former Justices in Constitutional Court of Korea.[4] Since South Korea adopted American styled 3-year law school system for legal education in year 2008, 'education' column of below table means where former Justices received undergraduate degree.[5]

NameTenurePositionAppointed bySelected·Nominated byEducation
Cho Kyu-kwangSep. 1988 ~ Sep. 19941st PresidentRoh Tae-woo(Directly by President of South Korea)Seoul National University
Lee Seong-yeolSep. 1988 ~ Aug. 1991JusticeChief JusticeLee Il-kyuChosun University
Byun Jeong-sooSep. 1988 ~ Sep. 1994JusticeNational AssemblyPeace DemocraticKorea University (dropped out)
Kim Chin-wooSep. 1988 ~ Sep. 1994Justice[6] National AssemblyReunification DemocraticSeoul National University
Sep. 1994 ~ Jan. 1997Kim Young-sam(Directly by President of South Korea)
Han Byung-chaeSep. 1988 ~ Sep. 1994JusticeRoh Tae-wooNational AssemblyDemocratic JusticeSeoul National University
Lee Shi-yoonSep. 1988 ~ Dec. 1993JusticeChief JusticeLee Il-kyuSeoul National University
Choe Kwang-ryoolSep. 1988 ~ Sep. 1994Justice(Directly by President of South Korea)Seoul National University
Kim Yang-kyunSep. 1988 ~ Sep. 1994Justice(Directly by President of South Korea)Chonnam National University
Kim Moon-heeSep. 1988 ~ Sep. 1994Justice[7] Chief JusticeLee Il-kyuSeoul National University
Sep. 1994 ~ Sep. 2000Kim Young-sam(By consensus of National Assembly)[8]
Hwang Do-yunAug. 1991 ~ Aug. 1997JusticeRoh Tae-wooChief JusticeKim Deok-juSeoul National University
Lee Jae-hwaDec. 1993 ~ Dec. 1999JusticeKim Young-samChief JusticeYun KwanSeoul National University
Kim Yong-joonSep. 1994 ~ Sep. 20002nd President(Directly by President of South Korea)Seoul National University
Cho Seung-hyungSep. 1994 ~ Sep. 1999JusticeNational AssemblyDemocraticSeoul National University
Chung Kyung-sikSep. 1994 ~ Sep. 2000Justice(Directly by President of South Korea)Korea University
Koh Joong-sukSep. 1994 ~ Sep. 2000JusticeChief JusticeYun KwanSeoul National University
Shin Chang-onSep. 1994 ~ Sep. 2000JusticeNational AssemblyDemocratic LiberalSeoul National University
Lee Young-moJan. 1997 ~ Mar. 2001Justice(Directly by President of South Korea)Pusan National University
Han Dae-hyunAug. 1997 ~ Aug. 2003JusticeChief JusticeYun KwanSeoul National University
Ha Kyung-chulSep. 1999 ~ Jan. 2004JusticeKim Dae-jungNational AssemblyNew PoliticsSeoul National University
Kim Young-ilDec. 1999 ~ Mar. 2005JusticeChief JusticeChoi Jong-youngSeoul National University
Yun Young-chulSep. 2000 ~ Sep. 20063rd President(Directly by President of South Korea)Seoul National University
Kwon SeongSep. 2000 ~ Aug. 2006JusticeNational AssemblyGrand NationalSeoul National University
Kim Hyo-jongSep. 2000 ~ Sep. 2006Justice(By consensus of National Assembly)Seoul National University
Kim Kyoung-ilSep. 2000 ~ Sep. 2006JusticeChief JusticeChoi Jong-youngSeoul National University
Song In-junSep. 2000 ~ Sep. 2006Justice(Directly by President of South Korea)Seoul National University
Choo Sun-hoeMar. 2001 ~ Mar. 2007Justice(Directly by President of South Korea)Korea University
Jeon Hyo-sookAug. 2003 ~ Aug. 2006JusticeRoh Moo-hyunChief JusticeChoi Jong-youngEwha Womans University
Lee Sang-kyungFeb. 2004 ~ Jun. 2005JusticeNational AssemblyMillennium DemocraticChung-Ang University
Lee Kong-hyunMar. 2005 ~ Mar. 2011JusticeChief JusticeChoi Jong-youngSeoul National University
Cho Dae-hyenJul. 2005 ~ Jul. 2011JusticeNational AssemblyUriSeoul National University
Kim Hee-okSep. 2006 ~ Dec. 2010Justice(Directly by President of South Korea)Dongguk University
Kim Jong-daeSep. 2006 ~ Sep. 2012JusticeChief JusticeLee Yong-hoonSeoul National University
Min Hyeong-kiSep. 2006 ~ Sep. 2012JusticeChief JusticeLee Yong-hoonSeoul National University
Lee Dong-heubSep. 2006 ~ Sep. 2012JusticeNational AssemblyGrand NationalSeoul National University
Mok Young-joonSep. 2006 ~ Sep. 2012Justice(By consensus of National Assembly)Seoul National University
Lee Kang-kookJan. 2007 ~ Jan. 20134th President(Directly by President of South Korea)Seoul National University
Song Doo-hwanMar. 2007 ~ Mar. 2013Justice(Directly by President of South Korea)Seoul National University
Park Han-chulFeb. 2011 ~ Apr. 2013JusticeLee Myung-bak(Directly by President of South Korea)Seoul National University
Apr. 2013 ~ Jan. 20175th PresidentPark Geun-hye(Directly by President of South Korea)
Lee Jung-miMar. 2011 ~ Mar. 2017JusticeLee Myung-bakChief JusticeLee Yong-hoonKorea University
Kim Yi-SuSep. 2012 ~ Sep. 2018JusticeNational AssemblyDemocratic UnitedSeoul National University
Lee Jin-sungSep. 2012 ~ Nov. 2017JusticeChief JusticeYang Sung-taeSeoul National University
Nov. 2017 ~ Sep. 20186th PresidentMoon Jae-in(Directly by President of South Korea)
Kim Chang-jongSep. 2012 ~ Sep. 2018JusticeLee Myung-bakChief JusticeYang Sung-taeKyungpook National University
Ahn Chang-hoSep. 2012 ~ Sep. 2018JusticeNational AssemblySaenuriSeoul National University
Kang Il-wonSep. 2012 ~ Sep. 2018Justice(By consensus of National Assembly)Seoul National University
Seo Ki-seogApr. 2013 ~ Apr. 2019JusticePark Geun-hye(Directly by President of South Korea)Seoul National University
Cho Yong-hoApr. 2013 ~ Apr. 2019Justice(Directly by President of South Korea)Konkuk University
Mar. 2017 ~ Mar. 2023Justice(Directly by President of South Korea)Seoul National University

See also

Notes and references

  1. Web site: Constitution of the Republic of Korea . 2022-04-20 . Korea Legislation Research Institute.
  2. Web site: Constitutional Court Act . 2022-04-20 . Korea Legislation Research Institute.
  3. Web site: Current Justices . 2022-04-20 . Constitutional Court of Korea.
  4. Web site: Former Justices . 2022-04-20 . Constitutional Court of Korea.
  5. News: 성진 . 이 . October 20, 2014 . 헌법재판관, 10에 7명 서울대 출신 . korean . The Law Journal . 2022-04-20.
  6. Justice Kim Chin-woo is one of two Constitutional Justices who successfully renewed his term. Another is Justice Kim Moon-hee. This renewal of term is account of personal friendship between President Kim Young-sam and Justice Kim Chin-woo. See Web site: Lim Jibong. (2014). An Analysis on the Judicial Inclination of Justice Jin-Woo Kim in the First Korean Constitutional Court. 법학논총, 31, 8-9. . 2022-04-21 . korean.
  7. Justice Kim Moon-hee is one of two Constitutional Justices who successfully renewed his term. Another is Justice Kim Chin-woo. This renewal of term is account of personal friendship between President Kim Young-sam and Justice Kim Moon-hee. After these two Constitutional Court Justices renewed their term, no Justice had tried to renew its term since it could harm independence of judiciary, as those special relationship between the President of South Korea and Constitutional Court Justice provoked social doubt on independence of the Court. See Web site: Lim Jibong. (2013). An Analysis on the Judicial Inclination of Justice Moon-Hee Kim in the Second Korean Constitutional Court. 미국헌법연구, 24(1), 297-299. . 2022-04-21 . korean.
  8. News: 승윤 . 이 . July 26, 2018 . ‘국회 몫’ 헌법재판관 3명, 다당제서 어떻게 선출될까 . korean . lawtimes.co.kr . 2022-04-21.