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Constitutional Complaints

Introduction

The Constitution of the Republic of Korea designates and protects the most important of the people’s rights and freedoms as basic rights. When state authorities or local governments infringe upon the freedom of the people, a direct complaint may be filed with the Constitutional Court of Korea through a constitutional complaint. Contesting an issue from the perspective of constitutional rights and basic rights in the context of a constitutional complaint rather than from the perspective of an ordinary infringement of rights in the context of non-constitutional litigation is a very effective means of securing relief.

The Constitutional Court is a judicial entity responsible for active adjudication on alleged infringements upon the rights of the people. The Constitutional Court decides on constitutional complaints in a single-tier system, making such complaints a very effective means of securing relief. As such, considering constitutional complaints in addition to more ordinary means of relief available through civil, criminal or administrative litigation may prove to be a very powerful litigation strategy.

For such a strategy to succeed, however, expertise in constitutional law, basic rights and the system of constitutional complaints are of critical importance. ClassHankyul offers highest expertise in constitutional litigation, complaints and other areas of practice of constitutional law, helping our clients secure success in constitutional complaints and other types of litigation through utilization of the most promising litigation strategies and most compelling arguments.

Major Business

- Constitutional complaints regarding criminal and penalty provisions, including in the Criminal Act and Special Acts
- Constitutional complaints regarding tax provisions, including sales tax, inheritance tax, etc.
- Constitutional complaints regarding local government ordinances and rules
- Constitutional complaints regarding Enforcement Decrees, Rules and Regulations
- Constitutional complaints regarding exercise of authority by Ministers and other executive branch officials
- Constitutional complaints regarding exercise of authority by head of police departments
- Constitutional complaints regarding prosecutors’ suspension of prosecution dispositions

Major Performance

- Constitutional complaint regarding Article 22, Paragraph 1 of the Housing Act
- Constitutional complaint regarding the text of Article 185 of the Insurance Act
- Constitutional complaint regarding the text of Article 7, Paragraph 5 of the former Local Tax Act
- Constitutional complaint regarding the proviso to Article 1 of the Addendum to the Enforcement Decree of the Child Care Act
- Constitutional complaint regarding Article 36, Paragraph 7 of the Industrial Accident Compensation Insurance Act
- Constitutional complaint regarding the designation of standard lots and standard houses and price survey for year 2013
- Constitutional complaint against the Chief of Staff of the Republic of Korea Navy regarding the deletion of website postings
- Constitutional complaint regarding Article 8 of the Special Act for Security During G20 Summit
- Constitutional complaint regarding Article 7-2, Paragraph 2 of the Special Act Concerning Teaching Appointment of Graduates of National Teachers’ Colleges Not Appointed as Teachers
- Constitutional complaint regarding the Prosecution Investigation Review Committee’s decision to recuse a current-issue committee member
- Constitutional complaint regarding Article 82, Paragraph 1 of the Medical Service Act
 

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