Republic of Korea 1948 Constitution (reviewed 1987)

CHAPTER V. THE COURTS

Article 101

1. Judicial power shall be vested in courts composed of judges.
2. The courts shall be composed of the Supreme Court, which is the highest court of the State, and other courts at specified levels.
3. Qualifications for judges shall be determined by law.

Article 102

1. Departments may be established in the Supreme Court.
2. There shall be Supreme Court Justices at the Supreme Court: except that, judges other than Supreme Court Justices may be assigned to the Supreme Court as prescribed by law.
3. The organization of the Supreme Court and lower courts shall be determined by law.

Article 103

Judges shall rule independently according to their conscience and in conformity with the Constitution and law.

Article 104

1. The Chief Justice of the Supreme Court shall be appointed by the President with the consent of the National Assembly.
2. The Supreme Court Justices shall be appointed by the President on the recommendation of the Chief Justice and with the consent of the National Assembly.
3. Judges other than the Chief Justice and the Supreme Court Justices shall be appointed by the Chief Justice with the consent of the Conference of Supreme Court Justices.

Article 105

1. The term of office of the Chief Justice shall be six years and he shall not be reappointed.
2. The term of office of the Justices of the Supreme Court shall be six years and they may be reappointed as prescribed by law.
3. The term of office of judges other than the Chief Justice and Justices of the Supreme Court shall be ten years, and they may be reappointed as prescribed by law.
4. The retirement age of judges shall be determined by law.

Article 106

1. No judge shall be removed from office except by impeachment or a sentence of imprisonment or heavier punishment, nor shall he be suspended from office, have his salary reduced or suffer any other unfavorable treatment except by disciplinary action.
2. In the event a judge is unable to discharge his official duties because of serious mental or physical impairment he may be retired from office as prescribed by law.

Article 107

1. When the constitutionality of a law is at issue in a trial, the court shall request a decision of the Constitution Court, and shall judge according to the decision thereof.
2. The Supreme Court shall have the power to make a final review of the constitutionality or legality of administrative decrees, regulations or actions, when their constitutionality or legality is at issue in a trial.
3. Administrative appeals may be conducted as a procedure prior to a judicial trial. The procedure of administrative appeals shall be determined by law and shall be in conformity with the principles of judicial procedures.

Article 108

The Supreme Court may establish, within the scope of law, regulations pertaining to judicial proceedings and internal discipline and regulations on administrative matters of the court.

Article 109

Trials and decisions of the courts shall be open to the public: provided that, when there is a danger that such trials may undermine the national security or disturb public safety and order, or be harmful to public morals, trials may be closed to the public by court decision.

Article 110

1. Courts-martial may be established as special courts to exercise jurisdiction over military trials.
2. The Supreme Court shall have the final appellate jurisdiction over courts-martial.
3. The organization and authority of courts-martial, and the qualifications of their judges shall be determined by law.
4. Military trials under an extraordinary martial law may not be appealed in case of crimes of soldiers and employees of the military; military espionage; and crimes as defined by law in regard to sentinels, sentry posts, supply of harmful foods and beverages, and prisoners of war, except in the case of a death sentence.