Supreme Court of Korea

This distribution of judicial power inside judiciary was never fully realized under rule of South Korea's first president Syngman Rhee, whose dictatorship hampered the committee's function and eventually left it unable to re-constitute itself.

In 1971, the Supreme Court resisted the oppressive rule of President Park Chung Hee and declared Article 2 of the National Compensation Act (국가배상법) unconstitutional, a statute that limited state liability for injured soldiers during service.

[6] The composition and appointment of Supreme Court justices (대법관) are governed by a combination of constitutional provisions and statutory regulations.

Notably, all Supreme Court justices are appointed by the president of South Korea, subject to the approval of the National Assembly, as stated in Article 104 Clause 2 of the constitution.

These provisions ensure that the Supreme Court is composed of individuals with substantial expertise and experience in the field of law.

The appointment process, involving the president and the National Assembly, as well as the chief justice's role in recommending candidates, aims to uphold the independence and integrity of the Supreme Court while maintaining the necessary checks and balances within the judicial system.

In the event of a tie, the chief justice, serving as the permanent presiding chair of the council, has the authority to cast a tie-breaking vote.

According to Article 104 Clause 1 of the constitution, the chief justice of the Supreme Court is appointed by the president of South Korea, subject to the approval of the National Assembly.

This appointment involves selecting a justice to fulfill the administrative duties associated with managing the national court system.

A significant aspect of Supreme Court justices is that they can be compelled to retire against their will while serving their term if they are deemed to have severe mental or physical impairment.

The latter cannot be ordered to retire due to impairment, as there is no statutory provision establishing such a system in the Constitutional Court Act.

Additionally, the chief justice typically appoints the vice minister of NCA, usually selecting a senior lower court judge for the position.

Its primary responsibilities include assisting the chief justice in matters related to human resources for lower ordinary court judges, planning fiscal budgets and managing expenditure issues for all ordinary courts, and conducting internal inspections to ensure anti-corruption and ethical standards are upheld.

Before the adoption of the American law school system, the JRTI played a vital role in training legal professionals in South Korea.

Another pathway for legal professionals was recruitment by the South Korean Armed Forces as 'judge advocates' (군법무관) within the military justice system.

It serves as a specialized body within the Supreme Court of South Korea, focusing on research related to policy issues concerning the judicial system.

Currently, the JPRI is located in Goyang, Gyeonggi Province, providing a dedicated space for its research activities and initiatives.

Additionally, it exercises the power of judicial review at the sub-statutory level, similar to other ordinary courts, as specified in Article 107 Clause 2 of the constitution.

These cases are governed by Article 222 and 223 of the Public Official Election Act (공직선거법), which designates the Supreme Court as the sole authority responsible for adjudication.

According to Article 27 Clause 2 of the Discipline of Judges Act (법관징계법), such cases are exclusively heard by the Supreme Court.

However, in cases where the panel fails to reach a unanimous decision or determines that the matter should be heard en banc (such as when overturning a Supreme Court precedent or when addressing a significant constitutional issue at a sub-statutory level), the case is referred for an en banc hearing (or "Grand Bench," 전원합의체).

In the second phase, an en banc hearing ( "Grand Bench," 전원합의체), comprising more than two-thirds of all Supreme Court justices, examines cases forwarded by the four-judge panels.

Remanding, in simple terms, refers to the act of overturning a lower court's decision and sending the case back for a retrial.

Typically, the member in charge is selected randomly by a computer system to ensure impartiality and avoid any suspicion of bias.

[25] In South Korea, a certiorari system was established in March 1981 under the Special Act on Acceleration of Lawsuits (소송촉진 특례법), which granted the Supreme Court the authority to decline hearing cases it considered trivial or unworthy of review.

However, given that the South Korean legal system generally upholds the guiding principle of two appeals, the prospect of the Supreme Court rejecting petitions was perceived as a potential infringement on the right to a fair trial.

[27] This selective process means that a substantial portion of cases that are not heard en banc receive relatively brief deliberation, often lasting only "3 to 4 minutes," as disclosed by former Supreme Court justice Park Sihwan in a post-retirement paper.

[28] Consequently, the role of research judges within the court becomes vital, ensuring thorough analysis and examination of the legal cases that do not undergo en banc hearings.

Each of these reform options carries its own implications and considerations, and stakeholders continue to discuss and analyze their potential impact on the South Korean judicial system.

According to the allegations, Yang was involved in manipulating a particular case to benefit President Park Geun-hye in exchange for the creation of an additional tier of appellate courts (상고법원).

The Supreme Court was located in Jung District, Seoul , until the 1990s. The building currently houses the Seoul Museum of Art .
Current Supreme Court building from 1995 in Seocho , Seoul