Constitutional Court chief vows to uphold spirit of new court-ruling petition system

Constitutional Court Chief Justice Kim Sang-hwan said Tuesday he would work to ensure the court-ruling petition system, which took effect in March, takes firm root and fully achieves its original purpose.

Speaking at the opening of the Constitutional Court's national audit before the National Assembly's Legislation and Judiciary Committee that morning, Kim said "restoring violated fundamental rights in line with the Constitution's original intent is the essential mission entrusted to the Constitutional Court." He said the system allowing constitutional petitions against court rulings was introduced in March "to further strengthen the framework for protecting the fundamental rights of the people."

Kim said the court had built the necessary infrastructure since the system's introduction — securing personnel and budget to handle the rising caseload and overhauling the information systems related to court-ruling petitions. "We have also carefully reviewed and improved our overall operations, including revising relevant procedural rules, to ensure the smooth implementation and early settlement of the system," he said.

He said the National Assembly's deep interest, guidance and generous support throughout the process had been a great source of strength as the court prepared for and implemented the new system, and expressed his gratitude.

Kim said all authority exercised by the Constitutional Court stems from the people under the Constitution and carries with it a solemn responsibility. "Whether the court has properly discharged that responsibility is always subject to the rigorous judgment of the people and the National Assembly," he said. "In that spirit, I would like to look back on the major work and achievements of the past year."

He said that when he took office as chief justice at the end of July last year, the court's bench — which had long had vacancies — was finally restored to its full nine-member composition. "It was a time when deliberations and rulings on cases that had drawn wide public attention were largely wrapping up, so the newly constituted full bench redoubled its efforts to work through the backlog of pending cases and reach conclusions," he said.

Among the results, he cited rulings on the threshold clause governing proportional-representation seat allocation in the National Assembly, the prohibition on weekend attorney visits for pretrial detainees seeking to file habeas corpus petitions, the ban on using bulk text messages in cooperative association head elections, the prohibition on political activities by university faculty unions, and legislative inaction on birth registration for foreign-born children.

Kim also said the bench remained mindful that, from the perspective of citizens who have a constitutional right to a speedy trial, there was still room for improvement. "We will continue to do our utmost to deliver rulings that are both prompt and thorough," he said.

Kim said the court had worked over the past year to deepen public understanding of the Constitution and constitutional adjudication, and to share its accumulated experience, knowledge and research with the public. He said constitutional education programs at the Constitutional Court Research Institute had been significantly expanded in response to growing public demand. "We have broadened both the scope and the audience so that more people can learn about the Constitution and experience its value in their daily lives," he said.

He said the number of participants in the programs, which had stood at between 2,000 and 3,000 per year, was expected to reach 30,000 by the end of this year — a more than tenfold increase. The target audience had also been expanded beyond students, teachers and legal professionals to include military personnel and police, he added.

Kim said the court was working to make the extensive legal information and materials held in its library more widely accessible to the public, and was also expanding public services at its exhibition hall. "The Constitutional Court will always walk alongside the people on the path to knowing, understanding and practicing the Constitution in everyday life," he said.

As is customary, the chief justice — like the Supreme Court chief justice — delivered opening remarks at the national audit and then stepped out, returning for closing remarks before the session ended. The practice reflects the National Assembly's tradition of deference to judicial institutions. At the Constitutional Court's national audit, the court's secretary general responds to questions from committee members.