Kim Sanghwan, New Constitutional Court President: "Will View Cases with a Balanced Perspective, Free from Prejudice"

Kim Sanghwan Inaugurated as President of the Constitutional Court, Oh Youngjun as Justice
Constitutional Court Restores Full Nine-Member Bench

On July 24, Kim Sanghwan, the newly appointed President of the Constitutional Court, stated, "We must always remember that judicial independence is a prerequisite for exercising the constitutional adjudication authority granted by the people," and added, "I will view cases with a balanced perspective, free from any prejudice."

Sanghwan Kim, Chief Justice of the Constitutional Court (center), and Youngjun Oh, Justice of the Constitutional Court (left), are taking a commemorative photo after the inauguration ceremony held on the 24th at the Constitutional Court in Jongno-gu, Seoul. On the right is Hyungdoo Kim, Justice of the Constitutional Court. Photo by Yonhap News

At the inauguration ceremony held at 11:00 a.m. in the main auditorium of the Constitutional Court in Jongno-gu, Seoul, Kim said, "The past 37 years of the Constitutional Court represent a proud history dedicated to safeguarding the fundamental rights of the people, but we must not become complacent and lose our sense of vigilance. We must continually examine, from the perspective of the people, whether our adjudication procedures are reasonable, whether the hearings involve thorough and objective reasoning through democratic debate, and whether the final decisions are in line with the meaning and spirit of the Constitution."

He continued, "As President of the Constitutional Court, one of my main responsibilities is to further solidify the 'trust of the people' that the Court has built up over the years through numerous decisions. At the heart of this lies the essential task of conducting trials that the public can trust and accept, and sharing the meaning of the Constitution with the people."

Kim also emphasized the importance of transparency in constitutional adjudication procedures. He said, "It is just as important to make the process and results easily understandable and accessible as it is to deliver sound judgments. Translating the reasoning from the hearing process into clear and plain language in the written decisions helps the public understand constitutional adjudication, makes it easier to accept the decisions, and is directly linked to public trust in the judiciary."

He further stated, "We must not only be free from undue external influence in reality, but also demonstrate unwavering independence in appearance. We must never place ourselves in positions where our independence or fairness could be questioned, as this would undermine the trust of the people."

Additionally, Kim said, "I will spare no effort in providing the necessary support for institutional improvements, the development of information systems, and the enhancement of the capabilities of constitutional researchers and administrative staff. I will do my utmost to ensure that the Constitution becomes a living norm that breathes in every corner of our society."

Oh Youngjun, who was inaugurated as a new Constitutional Court Justice on the same day, said at the ceremony, "When the entire nation was swept into turmoil by the 12·3 Martial Law, our people resisted injustice, and the National Assembly and the Constitutional Court fulfilled their duty as the light that dispelled darkness, in accordance with the democratic procedures set forth by the Constitution and the law." He expressed his respect and admiration for the people, the National Assembly, and the Constitutional Court.

He emphasized, "While decisions by the majority must be respected, it is also a fundamental duty of a Constitutional Court Justice to point out problems and suggest directions for improvement if there are people who suffer due to a lack of consideration for minorities or the disadvantaged, or who face difficulties because of unfair standards."

Justice Oh addressed the issue of 'delayed trials' at the Constitutional Court, stating, "I am deeply aware that not only cases with significant national or social impact, but also those arising from the daily lives or economic activities of ordinary citizens that present difficulties, need to be resolved promptly." He added, "While fundamentally, an increase in human and material resources is necessary, I will first strive to address the issue by pursuing solutions such as prioritization, focus, and improvements in the constitutional adjudication process."

With President Lee Jaemyung's appointment of President Kim and Justice Oh the previous day, the Constitutional Court has become a full nine-member body for the first time in three months, since the retirement of Justices Moon Hyungbae and Lee Miseon in April.