The Korean Constitutional Court has established a research institute that has, recently, criticized the appointment system at the Constitutional of Court of Korea.
The Court has nine justices that are all appointed by the nation’s President. However, three of the justices are selected by the Chief Justice of the Supreme Court, three are selected by the National Assembly and three are directly selected and appointed by the nation’s President.
This Constitutional Court research institute has criticized this system as, potentially, leading to political bias, thus, obviously, believing that some at the Court justices are influenced by those that appoint the Justices.
When I worked at the Court, I never saw bias based on the appointing power, however, the fact that most justices have no or little experience other than being a judge or prosecutor leads to the lack of a nuanced understanding of business and societal dynamics.
The research report of the institute claims that: “Decisions made by the Constitutional Court cannot be free from political underpinnings under the current constitutional system . . . .All parties concerned should debate the changing the selection system to represent society in a more democratic way.”
How do you think the justices of the Constitutional Court should be chosen?
Other Articles on Korean Constitutional Law that may be of interest:
- Real Name Banking System Deemed Unconstitutional
- Prostitution at the Constitutional Court
- Censorship Prohibited in Korea at Con. Court
- Enforcement Decrees Becoming more Common in Korea
- Right of Publicity in Korea
- Defamation Law in Korea
Sean Hayes may be contacted at: [email protected]
Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw.
- Korean Court Upholds Expulsion of Law Student at Judicial Research & Training Institute for Adultery
- Constitutional Court Upholds Cellphone Ban While Driving
- Tobacco Business/Manufacturing Act Upheld by Constitutional Court of Korea
- Dow Chemical & Monsanto Prevail at Seoul High Court Against Korean Vietnam War Veterans
- Korean IP Infringement Jurisdiction Centralized at Five Korean District Courts and the Patent Court of Korea: Korean Intellectual Property Case Updates
- Korean Government Official Prosecuted in U.S. for Violation of Korean Law? Application of Korean Law in U.S. Courts
- Korean Cryptocurrency Case Filed to the Korean Constitutional Court: Korean Bitcoin Updates
- The Korean Law Blog cited by the Washington Post on the Freedom of the Press in Korea
- CLIENT ALERT: Advice to the Press, Bloggers & Corporations Concerning Free Speech Protection in Korea
- Korean Administrative Court Stands Up for the Right to Assemble: Korea Queer Culture Festival