The National Assembly of South Korea passed an amendment to the Constitutional Court Law that introduces a new lawsuit review system allowing parties to appeal decisions of lower courts to the Constitutional Court for constitutional violations.
On the 27th, the South Korean National Assembly held a plenary session where an important amendment to the Constitutional Court Law was passed. This amendment introduces a 'lawsuit review system' that allows parties to bring cases to the Constitutional Court if they believe a ruling has violated constitutional provisions, laws, or caused a deprivation of their fundamental rights. The vote garnered significant support, with 162 out of 225 present lawmakers in favor, and no abstentions.
The 'lawsuit review system' enables parties involved in a case to challenge decisions made by lower courts under specific conditions: if the ruling violates the Constitution or laws, does not follow proper procedures, or infringes upon basic rights as determined by the Constitutional Court's decisions. Proponents of this measure argue that it provides essential protection for individuals whose rights may have been compromised due to erroneous judicial procedures, marking the move as a necessary expansion of judicial oversight.
However, the Supreme Court had previously voiced concerns about this amendment, claiming that it effectively functions as a 'fourth instance' of judicial review, which would delay final rulings and increase litigation costs for individuals. Critics of the amendment warn of the potential for overwhelming the Constitutional Court with additional cases, while supporters stress that it is needed to safeguard constitutional rights. The passage of this law reflects ongoing debates in South Korea regarding judicial accountability and the protection of individual rights within the legal system.
