Rights
A Constitutional Court that has removed two presidents
The 1987 Constitution established a directly elected president and a powerful Constitutional Court with exclusive jurisdiction over constitutional review, impeachment and party dissolution. It has twice ruled on presidential impeachment.
Key rules
- Jurisdiction — The Constitutional Court is separate from the Supreme Court, which heads the ordinary judiciary. Individuals may bring constitutional complaints directly.
Governing law
- Constitution of the Republic of Korea1948, ninth amendment 1987
- Constitutional Court Act
In practice
The Court has nine justices serving six-year terms, appointed by the president, the National Assembly and the Chief Justice in equal parts. Six votes are required to invalidate a statute or uphold an impeachment. Its 2004 decision rejected the impeachment of President Roh, while the 2017 decision upheld the impeachment of President Park and removed her from office. The Court has also decided major rights cases on conscientious objection and abortion, striking down the criminal abortion prohibition in 2019.