The Highest Law, Constitution and the Constitutional Court

The Highest Law, Constitution and the Constitutional Court

Law is a social norm imposed by state power. It maintains social order by providing standards for handling and resolving various disputes among members. Everyone in the nation must obey. If everyone doesn't obey, sanctions could be taken. Because of the law, the order of society is maintained and everyone can be protected. Although different laws are different in pursuits, the ultimate goal is the pursuit of public welfare and the realization of justice. The pursuit of public welfare is to enact a law that allows many members of society to live a convenient and happy life. The realization of justice is to enact a law so that it can receive fair compensation and treatment according to each ability and effort. This means treating ‘the same matter as the same matter, the other matter differently.’

The Constitution of Korea was enacted in the form of a written constitution on July 17, 1948. The Constitution provides basic information about the basic principles of Korea's politics and the President, the National Assembly, and the Court. The Constitution is known as the highest law in that it is the standard of judgment for other laws. The Constitutional Court is similar in character to the court in that it solves legal disputes. However, it is distinguished from the common courts in that it deals with disputes related to the politically influential constitution. The Constitutional Court consists of nine judges, who are qualified as judges. The President, the National Assembly, and the Chief Justice appoint three judges each. Constitutional trial judges whether the law or social system conforms to the Constitution to guarantee people's freedom and rights. The costs of the Constitutional trial are provided by the State. When fundamental right's infringement about the Constitution existed, poor man can try to put a trial. With this, it protects the constitutional order and fundamental freedom and rights of the nation. The Constitutional Court in Korea exercises five power based on Chapter 6 of the Constitution including unconstitutional legal judgment, impeachment judgment, party dissolution judgement, jurisdiction dispute judgement, and constitutional complaint judgement. Let's take a closer look at the Constitutional Court.

① Unconstitutional Legal Judgment

The Constitutional Court examines whether the law violates the Constitution. There is a condition to be met to make unconstitutional legal judgment. A trial under a specific law must be in progress. You can not make unconstitutional judgment without any dispute of the specific law.

② Impeachment Judgment

Impeachment is a special system that punishes or dismisses illegal acts of high ranking officials including the president. The impeachment trial is to judge whether the Constitutional Court will impeach the civil servants according to the law regarding impeachment. Presidential impeachment procedures require following conditions: ⓐ the motion of a majority of the members of the National Assembly; ⓑ two-thirds of the National Assembly Members; ⓒ suspension of presidential authority; ⓓ six out of nine judges of the Constitutional Court and ⓔ impeachment of the president. Recently, it has been noisy in Korea due to the impeachment issue of President Park Geun-hye. Let's suppose that the impeachment procedures have been passed to the Constitutional Court with the approval of two-thirds of the members of the National Assembly. Six of nine judges were nominated by Lee Myung-bak and Park Geun-hye.

There are two judges recommended by the opposition parties. There is only one judge recommended by mutual agreement between the ruling party and the opposition parties. It is important who the appointee is. The appointee and the chosen judge will have similar tendencies. At least six of the constitutional members seem conservative. Unlike the ordinary trial, the tendency of the judge is important in the case of the Constitutional Court, especially the impeachment of the President. In fact, Park Geun-hye's impeachment appears to be difficult, but she deserves punishment for deceiving the people and breaking the law.

③ Party Dissolution Judgement

It is a trial to decide whether to dissolve the party when a party's purpose or activity does not recognize the democratic basic order.

④ Jurisdiction Dispute Judgement

It is a trial to dissolve if there is a dispute over the existence or scope of authority between national institutions, between national institutions and local governments, and between local governments.

⑤ Constitutional Complaint Judgement

It is a trial to determine whether the state power violates the fundamental rights. Constitutional complaint judgement is the most effective power control system to protect constitutionally guaranteed fundamental rights from the abuse of state power. The constitutional complaint judgement requests one year of time from the date of infringement of rights. You can apply only if your rights are not protected after using all means of legal measures.

◆ 헌법재판소 / kbs뉴스

◆ 민주당의 대통령 탄핵소추안 발의 / 연합뉴스