Constitution

Republic of Korea 1948 Constitution (reviewed 1987)

Table of Contents

CHAPTER VI. THE CONSTITUTION COURT

Article 111

  1. The Constitution Court shall adjudicate the following matters:
    1. The constitutionality of a law upon the request of the courts;
    2. Impeachment;
    3. Dissolution of a political party;
    4. Disputes about the jurisdictions between State agencies, between State agencies and local governments and between local governments; and
    5. Petitions relating to the Constitution as prescribed by law.
  2. The Constitution Court shall be composed of nine adjudicators qualified to be court judges, and they shall be appointed by the President.
  3. Among the adjucators referred to in Paragraph (2), three shall be appointed from persons selected by the National Assembly, and three appointed from persons nominated by the Chief Justice.
  4. The head of the Constitution Court shall be appointed by the President from among the adjucators with the consent of the National Assembly.

Article 112

  1. The term of office of the adjudicators of the Constitution Court shall be six years and they may be reappointed as prescribed by law.
  2. The adjudicators of the Constitution Court shall not join any political party, nor shall they participate in political activities.
  3. No adjudicator of the Constitution Court shall be expelled from office except by impeachment or a sentence of imprisonment or heavier punishment.

Article 113

  1. When the Constitution Court makes a decision on the unconstitutionality of a law, impeachment, dissolution of a political party or a petition relating to the Constitution, the concurrence of six adjudicators or more shall be required.
  2. The Constitution Court may establish regulations related to its proceedings and internal discipline and regulations on administrative matters within the limits of law.
  3. The organization, function and other necessary matters of the Constitution Court shall be determined by law.