What You Need to Know About South Korea’s New ‘Re-Examination’ Law: Key Changes and Implications

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The Constitutional Court of South Korea is finalizing details for the implementation of the new “judicial appeal” system. Following a meeting of justices, the court has been engaged in daily discussions to review the entire process, from case intake to final decisions. With an anticipated surge in filings, the court is focusing on staffing and budget plans. This includes a significant expansion of the preliminary review division. On May 5th, legal sources reported that Chief Justice Kim Sang-hwan presided over a justices’ conference on the 3rd to discuss the judicial appeal system. The court has since continued to hold smaller follow-up meetings. The judicial appeal system is part of an amendment to the Constitutional Court Act, included in the Democratic Party-led package of “three judicial laws.” Once implemented, this system will allow the Constitutional Court to reexamine cases that the Supreme Court – traditionally the final arbiter in the judiciary – has already finalized. Constitutional challenges to judgments will target finalized rulings in cases where a court has violated fundamental rights. This could occur by ruling contrary to a Constitutional Court decision, failing to follow lawful procedures set by the Constitution and statutes, or issuing a ruling that clearly violates the Constitution or laws. The law will take effect upon promulgation. The government plans to review the bill for potential constitutional issues before submitting it for cabinet deliberation and approval, possibly as early as next week. The law will apply to constitutional appeals filed after it takes effect, with provisional injunction requests also applicable to pending cases. As judicial appeals challenging finalized court judgments are likely to begin this month, the Constitutional Court is making thorough preparations. At the recent justices’ conference, the court shared internally drafted rules and implementation details. The justices exchanged views on various aspects, including case assignment, staffing of constitutional researchers, and the overall processing approach. The court expects to use the same “헌마” case number prefix for judicial appeal cases as it does for constitutional appeals. The case title for these filings is likely to be “재판취소” (judgment cancellation). To handle the expected influx of cases, the court is discussing staffing plans and potential budget increases. It plans to bolster the preliminary review division by adding experienced researchers. A dedicated eight-person team will be established for judicial appeals, staffed with researchers having about 15 years of experience. The court is also considering expanding court-appointed counsel to address concerns about increased legal costs for litigants. Additionally, they are preparing the court’s computer systems to ensure filers can easily track the progress of their cases. This new system represents a significant shift in South Korea’s judicial landscape, potentially allowing for greater scrutiny of court decisions and enhanced protection of constitutional rights.