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Adjudication on Constitutionality of Statutes

Introduction

Securing relief through litigation is possible only if the law itself is just and reasonable. If the law is unreasonable or unconstitutional, no extent of competent legal interpretation will prove to be of value. A wise attorney therefore needs to be aware of the possibility that a relevant law may be in violation of the constitution when devising his or her strategy. Discovering the unconstitutionality of statutes and engaging in effective actions toward adjudication on their constitutionality is a cornerstone of successful litigation practice.

ClassHankyul draws on its unparalleled expertise in constitutional law to offer its clients accurate, reliable advice on the constitutionality of the laws at issue in various types of litigation and to ensure the best possible outcome in adjudication on the constitutionality of statutes.

Major Business

- Filing of petition for adjudication on constitutionality of provisions of the Tax Act and prosecution of such adjudication during administrative trials on tax decisions
- Filing of petition for adjudication on constitutionality of provisions of the Criminal Act and prosecution of such adjudication during criminal trials
- Prosecution of adjudication on constitutionality of other statutes and provisions

Major Performance

- Constitutional complaint regarding Article 13, Paragraph 1, Subparagraph 1 of the former Food Sanitation Act
- Petition for adjudication on constitutionality of latter part of Article 65, Paragraph 2 of the Urban Development Act
- Petition for adjudication on constitutionality of Article 65, Paragraph 2 of the Act on the Improvement of Urban Areas and Residential Environments
- Petition for adjudication on constitutionality of Article 254, Paragraph 2 of the Public Official Election Act
- Petition for adjudication on constitutionality of Article 54, Paragraph 3 of the Telecommunications Business Act
- Petition for adjudication on constitutionality of Article 326, Subparagraph 4 of the Criminal Procedure Act
- Petition for adjudication on constitutionality of the text of Article 6, Paragraph 3 of the former Act on the Protection of Temporary Agency Workers
- Petition for adjudication on constitutionality of Article 60, Paragraph 2 of the Higher Education Act 
- Petition for adjudication on “Guidelines on Criteria for Administrative Sanctions for Enforcement of University Audit Results” of the Ministry of Education