[2025 National Assembly Audit] Kim Sanghwan, Chief Justice of the Constitutional Court: "Judicial Review Petitions Are Ideal for Protecting Fundamental Rights"

"Judicial Review Petitions, a Long-Standing Debate...
A Task to Be Addressed by the Legislature"

Kim Sanghwan, Chief Justice of the Constitutional Court, is giving a greeting at the National Assembly Legislation and Judiciary Committee's audit of the Constitutional Court held on the 17th at the Constitutional Court in Jongno-gu, Seoul. Photo by Yonhap News

Kim Sanghwan, Chief Justice of the Constitutional Court, stated that allowing constitutional complaints against court rulings-so-called "judicial review petitions"-is "ideal from the perspective of protecting fundamental rights, but it is a task that must be addressed by the legislature."

In his closing remarks at the National Assembly Legislation and Judiciary Committee's audit of the Constitutional Court on the 17th, Chief Justice Kim said, "There has been a long-standing debate over whether the legal provision that excludes court rulings from the scope of constitutional complaints is in line with the Constitution, and several constitutional complaints have been filed on this issue." He emphasized, "In its decision on December 24, 1997, the Constitutional Court already stated that 'just as all state powers are bound by the Constitution, the judiciary must also be bound by fundamental rights, which are part of the Constitution.' However, the view that court rulings should be subject to constitutional complaints is more ideal in terms of protecting fundamental rights, but it is a matter that must be resolved by the legislature."

He continued, "We have maintained the same position to this day, and ultimately, this issue depends on the evaluation and will of the people, who are the sovereign, and the National Assembly." He added, "If a public debate on this issue is initiated, the Constitutional Court will present the results of its extensive research accumulated over a long period, and will humbly engage with the various issues that need to be considered regarding the introduction of judicial review petitions."

He also stated, "As Chief Justice of the Constitutional Court, I always keep in mind the need to handle cases swiftly and efficiently. I will continuously seek ways to expedite and improve the efficiency of case processing, such as by streamlining the research and adjudication departments." He added, "From the research and review stage, we will thoroughly examine all perspectives, and during the adjudication process, we will make every effort to ensure fairness and objectivity by transparently disclosing procedures and actively listening to the expertise of relevant professionals and stakeholders."