Justice of the Constitutional Court of Korea
| Justice of the Constitutional Court of Korea | |
|---|---|
| 헌법재판소 재판관 (Korean) | |
 Emblem of the Constitutional Court | |
 Flag of the Constitutional Court of Korea | |
 | |
| Constitutional Court of Korea | |
| Style | Your Honor |
| Status | Justice |
| Member of | Council of Constitutional Court Justices |
| Seat | Jongno, Seoul |
| Appointer | President of South Korea |
| Term length | Six years, renewable |
| Constituting instrument | Constitution of South Korea |
| Formation | 1 September 1988 |
| 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 (Korean: 헌법재판소 재판관; Hanja: 憲法裁判所 裁判官; RR: Heonbeopjaepanso Jaepangwan), 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
[edit]Below table is list of current Justices in Constitutional Court of Korea.[3]
| Name | Tenure / Current Length | Appointed by | Selected·Nominated by | Education |
|---|---|---|---|---|
| Moon Hyungbae | April 19, 2019 / 5 years, 7 months | Moon Jae-in | (Directly by President of South Korea) | Seoul National University |
| Lee Mison | April 19, 2019 / 5 years, 7 months | Moon Jae-in | (Directly by President of South Korea) | Pusan National University |
| Kim Hyungdu | March 31, 2023 / 1 year, 8 months | Yoon Suk Yeol | Chief Justice (Kim Myeong-soo) | Seoul National University |
| Jung Jungmi | April 17, 2023 / 1 year, 7 months | Yoon Suk Yeol | Chief Justice (Kim Myeong-soo) | Seoul National University |
| Cheong Hyungsik | December 18, 2023 / 11 months | Yoon Suk Yeol | (Directly by President of South Korea) | Seoul National University |
| Kim Bokhyeong | September 23, 2024 / 2 months | Yoon Suk Yeol | Chief Justice (Cho Hee-dae) | Seoul National University |
| Vacant | Vacant since October 2024 | |||
| Vacant | Vacant since October 2024 | |||
| Vacant | Vacant since September 2024 |
Former Justices
[edit]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]
See also
[edit]- Judiciary of South Korea
- Constitutional Court of Korea
- President of the Constitutional Court of Korea
- Lists of supreme court justices
Notes and references
[edit]- ^ "Constitution of the Republic of Korea". Korea Legislation Research Institute. Retrieved 2022-04-20.
- ^ "Constitutional Court Act". Korea Legislation Research Institute. Retrieved 2022-04-20.
- ^ "Current Justices". Constitutional Court of Korea. Retrieved 2022-04-20.
- ^ "Former Justices". Constitutional Court of Korea. Retrieved 2022-04-20.
- ^ 이, 성진 (October 20, 2014). "헌법재판관, 10에 7명 서울대 출신" (in Korean). The Law Journal. Retrieved 2022-04-20.
- ^ 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 "Lim Jibong. (2014). An Analysis on the Judicial Inclination of Justice Jin-Woo Kim in the First Korean Constitutional Court. 법학논총, 31, 8-9" (in Korean). Retrieved 2022-04-21.
- ^ 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 "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" (in Korean). Retrieved 2022-04-21.
- ^ a b c d 이, 승윤 (July 26, 2018). "'국회 몫' 헌법재판관 3명, 다당제서 어떻게 선출될까" (in Korean). lawtimes.co.kr. Retrieved 2022-04-21.
| Authority control databases: National |
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