The Constitutional Court of Korea held that an ancient customary law allowing the wife to inherit the property solely when a married eldest son, who is not the head of the household, dies without children or grandchildren does not violate the Constitution. This decision concerns a customary law applied to the inheritance of property by a person who died in 1919. The revised Korean Civil Code abolished this customary law through its enactment and enforcement. In Korea, customary law is considered law enforced in practice without a
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Korean Constitutional Court Upholds Use of Video Testimony for Disabled Sexual Assault Victims: Korea’s Confrontation Clause Jurisprudence
The Constitutional Court of Korea upheld the constitutionality of a controversial evidentiary provision permitting the use of pre-recorded video statements of certain sexual assault victims. In a split 4–5 decision (Case No. 2023Heonga20), the Court declined to invalidate Article 30(6) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Six votes are required, under Korean Law, to strike down a statute, and the Court received 5 votes to invalidate the law in question. For additional articles on Korean Constitutional Law and Criminal
Continue readingAmendment to Korean Constitutional Court Act
In February 2026, the Constitutional Court Act of Korea was amended to allow constitutional complaints against court judgments. Prior to this amendment, court judgments were excluded from the scope of Constitutional Court review. The author of this article is the first non-Korean attorney to work for the Constitutional Court of Korea and for the Korean judicial system. Major Revision to the Korean Constitutional Court Act Article 68(3) (Added to the Constitutional Court Act of Korea)The Amendment allows the filing of a petition against a final and conclusive
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