Justice of the Constitutional Court of Korea
The Constitutional Court of Korea is one of two highest courts in court system of South Korea. It is composed of nine Constitutional Court Justices (Korean: 헌법재판소 재판관; Hanja: 憲法裁判所 裁判官; RR: Heonbeopjaepanso Jaepangwan), and one of them is the 'President of the Court'. The exact number of Constitutional Court Justices is determined by article 111(2) of the Constitution of South Korea.[1]
Justice of the Constitutional Court of Korea | |
---|---|
헌법재판소 재판관 (Korean) | |
Constitutional Court of Korea | |
Style | Your Honor |
Status | Justice |
Member of | Council of Constitutional Court Justices |
Seat | Jongno, Seoul |
Appointer | President of South Korea |
Term length | Six years, renewable |
Constituting instrument | Constitution of South Korea |
Formation | 1 September 1988 |
Website | Official english website |
By article 111(2) of the Constitution, all of the Constitutional Court Justices are appointed by the President of South Korea. However, following article 111(3) of the Constitution, three of the Constitutional Court Justices should be appointed from candidates selected by the National Assembly, and another three of Constitutional Court Justices should be appointed from candidates nominated by the Supreme Court Chief Justice. Thus, only three of nine Constitutional Court Justices are directly appointed by the President of South Korea. They serve for renewable term of six-year under article 112(1) of the Constitution, yet there are only two Justices who tried to renew their term because it could eventually harm judicial independence by amplifying influence of the President of South Korea on the Constitutional Court.
According to article 5(1) of 'Constitutional Court Act',[2] Constitutional Court Justices should be at least 40 years old, and should also have more than 15 years of career in legal practice or academia with license of attorney at law.
Current Justices
editBelow table is list of current Justices in Constitutional Court of Korea.[3]
Former Justices
editBelow table is list of former Justices in Constitutional Court of Korea.[4] Since South Korea adopted American styled 3-year law school system for legal education in year 2008, 'education' column of below table means where former Justices received undergraduate degree.[5]
Name | Tenure | Position | Appointed by | Selected·Nominated by | Education | |
---|---|---|---|---|---|---|
Cho Kyu-kwang | Sep. 1988 ~ Sep. 1994 | 1st President | Roh Tae-woo | (Directly by President of South Korea) | Seoul National University | |
Lee Seong-yeol | Sep. 1988 ~ Aug. 1991 | Justice | Chief Justice | Lee Il-kyu | Chosun University | |
Byun Jeong-soo | Sep. 1988 ~ Sep. 1994 | Justice | National Assembly | Peace Democratic | Korea University (dropped out) | |
Kim Chin-woo | Sep. 1988 ~ Sep. 1994 | Justice[6] | National Assembly | Reunification Democratic | Seoul National University | |
Sep. 1994 ~ Jan. 1997 | Kim Young-sam | (Directly by President of South Korea) | ||||
Han Byung-chae | Sep. 1988 ~ Sep. 1994 | Justice | Roh Tae-woo | National Assembly | Democratic Justice | Seoul National University |
Lee Shi-yoon | Sep. 1988 ~ Dec. 1993 | Justice | Chief Justice | Lee Il-kyu | Seoul National University | |
Choe Kwang-ryool | Sep. 1988 ~ Sep. 1994 | Justice | (Directly by President of South Korea) | Seoul National University | ||
Kim Yang-kyun | Sep. 1988 ~ Sep. 1994 | Justice | (Directly by President of South Korea) | Chonnam National University | ||
Kim Moon-hee | Sep. 1988 ~ Sep. 1994 | Justice[7] | Chief Justice | Lee Il-kyu | Seoul National University | |
Sep. 1994 ~ Sep. 2000 | Kim Young-sam | (By consensus of National Assembly)[8] | ||||
Hwang Do-yun | Aug. 1991 ~ Aug. 1997 | Justice | Roh Tae-woo | Chief Justice | Kim Deok-ju | Seoul National University |
Lee Jae-hwa | Dec. 1993 ~ Dec. 1999 | Justice | Kim Young-sam | Chief Justice | Yun Kwan | Seoul National University |
Kim Yong-joon | Sep. 1994 ~ Sep. 2000 | 2nd President | (Directly by President of South Korea) | Seoul National University | ||
Cho Seung-hyung | Sep. 1994 ~ Sep. 1999 | Justice | National Assembly | Democratic | Seoul National University | |
Chung Kyung-sik | Sep. 1994 ~ Sep. 2000 | Justice | (Directly by President of South Korea) | Korea University | ||
Koh Joong-suk | Sep. 1994 ~ Sep. 2000 | Justice | Chief Justice | Yun Kwan | Seoul National University | |
Shin Chang-on | Sep. 1994 ~ Sep. 2000 | Justice | National Assembly | Democratic Liberal | Seoul National University | |
Lee Young-mo | Jan. 1997 ~ Mar. 2001 | Justice | (Directly by President of South Korea) | Pusan National University | ||
Han Dae-hyun | Aug. 1997 ~ Aug. 2003 | Justice | Chief Justice | Yun Kwan | Seoul National University | |
Ha Kyung-chul | Sep. 1999 ~ Jan. 2004 | Justice | Kim Dae-jung | National Assembly | New Politics | Seoul National University |
Kim Young-il | Dec. 1999 ~ Mar. 2005 | Justice | Chief Justice | Choi Jong-young | Seoul National University | |
Yun Young-chul | Sep. 2000 ~ Sep. 2006 | 3rd President | (Directly by President of South Korea) | Seoul National University | ||
Kwon Seong | Sep. 2000 ~ Aug. 2006 | Justice | National Assembly | Grand National | Seoul National University | |
Kim Hyo-jong | Sep. 2000 ~ Sep. 2006 | Justice | (By consensus of National Assembly)[8] | Seoul National University | ||
Kim Kyoung-il | Sep. 2000 ~ Sep. 2006 | Justice | Chief Justice | Choi Jong-young | Seoul National University | |
Song In-jun | Sep. 2000 ~ Sep. 2006 | Justice | (Directly by President of South Korea) | Seoul National University | ||
Choo Sun-hoe | Mar. 2001 ~ Mar. 2007 | Justice | (Directly by President of South Korea) | Korea University | ||
Jeon Hyo-sook | Aug. 2003 ~ Aug. 2006 | Justice | Roh Moo-hyun | Chief Justice | Choi Jong-young | Ewha Womans University |
Lee Sang-kyung | Feb. 2004 ~ Jun. 2005 | Justice | National Assembly | Millennium Democratic | Chung-Ang University | |
Lee Kong-hyun | Mar. 2005 ~ Mar. 2011 | Justice | Chief Justice | Choi Jong-young | Seoul National University | |
Cho Dae-hyen | Jul. 2005 ~ Jul. 2011 | Justice | National Assembly | Uri | Seoul National University | |
Kim Hee-ok | Sep. 2006 ~ Dec. 2010 | Justice | (Directly by President of South Korea) | Dongguk University | ||
Kim Jong-dae | Sep. 2006 ~ Sep. 2012 | Justice | Chief Justice | Lee Yong-hoon | Seoul National University | |
Min Hyeong-ki | Sep. 2006 ~ Sep. 2012 | Justice | Chief Justice | Lee Yong-hoon | Seoul National University | |
Lee Dong-heub | Sep. 2006 ~ Sep. 2012 | Justice | National Assembly | Grand National | Seoul National University | |
Mok Young-joon | Sep. 2006 ~ Sep. 2012 | Justice | (By consensus of National Assembly)[8] | Seoul National University | ||
Lee Kang-kook | Jan. 2007 ~ Jan. 2013 | 4th President | (Directly by President of South Korea) | Seoul National University | ||
Song Doo-hwan | Mar. 2007 ~ Mar. 2013 | Justice | (Directly by President of South Korea) | Seoul National University | ||
Park Han-chul | Feb. 2011 ~ Apr. 2013 | Justice | Lee Myung-bak | (Directly by President of South Korea) | Seoul National University | |
Apr. 2013 ~ Jan. 2017 | 5th President | Park Geun-hye | (Directly by President of South Korea) | |||
Lee Jung-mi | Mar. 2011 ~ Mar. 2017 | Justice | Lee Myung-bak | Chief Justice | Lee Yong-hoon | Korea University |
Kim Yi-Su | Sep. 2012 ~ Sep. 2018 | Justice | National Assembly | Democratic United | Seoul National University | |
Lee Jin-sung | Sep. 2012 ~ Nov. 2017 | Justice | Chief Justice | Yang Sung-tae | Seoul National University | |
Nov. 2017 ~ Sep. 2018 | 6th President | Moon Jae-in | (Directly by President of South Korea) | |||
Kim Chang-jong | Sep. 2012 ~ Sep. 2018 | Justice | Lee Myung-bak | Chief Justice | Yang Sung-tae | Kyungpook National University |
Ahn Chang-ho | Sep. 2012 ~ Sep. 2018 | Justice | National Assembly | Saenuri | Seoul National University | |
Kang Il-won | Sep. 2012 ~ Sep. 2018 | Justice | (By consensus of National Assembly)[8] | Seoul National University | ||
Seo Ki-seog | Apr. 2013 ~ Apr. 2019 | Justice | Park Geun-hye | (Directly by President of South Korea) | Seoul National University | |
Cho Yong-ho | Apr. 2013 ~ Apr. 2019 | Justice | (Directly by President of South Korea) | Konkuk University | ||
Lee Seon-ae | Mar. 2017 ~ Mar. 2023 | Justice | Hwang Kyo-ahn | (Directly by President of South Korea) | Seoul National University |
See also
editNotes and references
edit- ^ "Constitution of the Republic of Korea". Korea Legislation Research Institute. Retrieved 2022-04-20.
- ^ "Constitutional Court Act". Korea Legislation Research Institute. Retrieved 2022-04-20.
- ^ "Current Justices". Constitutional Court of Korea. Retrieved 2022-04-20.
- ^ "Former Justices". Constitutional Court of Korea. Retrieved 2022-04-20.
- ^ 이, 성진 (October 20, 2014). "헌법재판관, 10에 7명 서울대 출신" (in Korean). The Law Journal. Retrieved 2022-04-20.
- ^ Justice Kim Chin-woo is one of two Constitutional Justices who successfully renewed his term. Another is Justice Kim Moon-hee. This renewal of term is account of personal friendship between President Kim Young-sam and Justice Kim Chin-woo. See "Lim Jibong. (2014). An Analysis on the Judicial Inclination of Justice Jin-Woo Kim in the First Korean Constitutional Court. 법학논총, 31, 8-9" (in Korean). Retrieved 2022-04-21.
- ^ Justice Kim Moon-hee is one of two Constitutional Justices who successfully renewed his term. Another is Justice Kim Chin-woo. This renewal of term is account of personal friendship between President Kim Young-sam and Justice Kim Moon-hee. After these two Constitutional Court Justices renewed their term, no Justice had tried to renew its term since it could harm independence of judiciary, as those special relationship between the President of South Korea and Constitutional Court Justice provoked social doubt on independence of the Court. See "Lim Jibong. (2013). An Analysis on the Judicial Inclination of Justice Moon-Hee Kim in the Second Korean Constitutional Court. 미국헌법연구, 24(1), 297-299" (in Korean). Retrieved 2022-04-21.
- ^ a b c d 이, 승윤 (July 26, 2018). "'국회 몫' 헌법재판관 3명, 다당제서 어떻게 선출될까" (in Korean). lawtimes.co.kr. Retrieved 2022-04-21.