South Korea Supreme Court
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The Supreme Court of Korea () is the highest ordinary court in the
judicial branch The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
of South Korea, seated in Seocho,
Seoul Seoul, officially Seoul Special Metropolitan City, is the capital city, capital and largest city of South Korea. The broader Seoul Metropolitan Area, encompassing Seoul, Gyeonggi Province and Incheon, emerged as the world's List of cities b ...
. Established under Chapter 5 of the
Constitution of South Korea The Constitution of the Republic of Korea () is the supreme law of South Korea. It was promulgated on July 17, 1948, and last revised on October 29, 1987. Background The Provisional Charter of Korea The preamble of the Constitution of Sou ...
, the court has ultimate and comprehensive jurisdiction over all cases except those falling under the
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
of the
Constitutional Court of Korea The Constitutional Court of Korea () is one of the apex courtsalong with the Supreme Court of Korea, Supreme Courtin Judiciary of South Korea, South Korea's judiciary that exercises constitutional review, seated in Jongno District, Jongno, ...
. It consists of 14 justices, including the
chief justice of the Supreme Court of Korea The chief justice of the Supreme Court of Korea () is the chief judge of the Supreme Court of Korea. As presiding judge of the grand bench composed of two-thirds of fourteen Supreme Court justices, the chief represents the Supreme Court of Kor ...
. In 2025, President
Lee Jae-myung Lee Jae-myung (; born ) is a South Korean politician and lawyer who has served as the 14th president of South Korea since 2025. Lee previously held office as the governor of Gyeonggi Province from 2018 to 2021, as the leader of the Democrati ...
added 16 more seats to the court. The Supreme Court sits atop all ordinary courts in South Korea and has traditionally represented the conventional judiciary of South Korea. The Supreme Court of Korea is one of the two apex courts in South Korea, the other being the
Constitutional Court of Korea The Constitutional Court of Korea () is one of the apex courtsalong with the Supreme Court of Korea, Supreme Courtin Judiciary of South Korea, South Korea's judiciary that exercises constitutional review, seated in Jongno District, Jongno, ...
.


History

The original constitution during the First Republic established 'Supreme Court' and 'Constitutional Committee' () in Chapter 5. The Supreme Court was established as the highest ordinary court but lacked the power of constitutional review, which was conferred upon the Constitutional Committee, a sort of
constitutional court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ru ...
. This distribution of judicial power inside the judiciary was never fully realized under
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...
Syngman Rhee Syngman Rhee (; 26 March 1875 – 19 July 1965), also known by his art name Unam (), was a South Korean politician who served as the first president of South Korea from 1948 to 1960. Rhee was also the first and last president of the Provisiona ...
, whose
dictatorship A dictatorship is an autocratic form of government which is characterized by a leader, or a group of leaders, who hold governmental powers with few to no Limited government, limitations. Politics in a dictatorship are controlled by a dictator, ...
hampered the committee's function and eventually left it unable to re-constitute itself. Though the Supreme Court had no power of judicial review, it enjoyed
judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
under the first chief justice of the Supreme Court, Kim Byung-ro (), from 1948 to 1957. Known for his participation in the
Korean independence movement The Korean independence movement was a series of diplomatic and militant efforts to liberate Korea from Japanese rule. The movement began around the late 19th or early 20th century, and ended with the surrender of Japan in 1945. As independence a ...
during the Japanese colonial rule, Chief Justice Kim Byung-ro defended the independence of the judiciary from Syngman Rhee. However, after Kim Byung-ro's retirement in 1957, the Supreme Court fell to autocratic influence. By sentencing Rhee's political contender Cho Bong-am to death in 1959, and the defendants of People's Revolutionary Party Incident to death in 1975, the Supreme Court gained notoriety for '' judicial murder'' () and obediently sentencing capital punishments over spy scandals fabricated by dictators. After the
April Revolution The April Revolution (), also called the April 19 Revolution or April 19 Movement, were mass protests in South Korea against President Syngman Rhee and the First Republic from April 11 to 26, 1960, which led to Rhee's resignation. Protests ...
, the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ru ...
was established to replace the Constitutional Committee, but the Supreme Court remained largely unaffected by the changes. After
Park Chung Hee Park Chung Hee (; ; November14, 1917October26, 1979) was a South Korean politician and army officer who served as the third president of South Korea from 1962 after he seized power in the May 16 coup of 1961 until Assassination of Park Chung ...
's 1961 coup, the Second Republic was dissolved and, after a nominal transition to civilian rule from a
military junta A military junta () is a system of government led by a committee of military leaders. The term ''Junta (governing body), junta'' means "meeting" or "committee" and originated in the Junta (Peninsular War), national and local junta organized by t ...
, the Third Republic was established in 1962. The Constitutional Court, itself never formed because of the coup, was abolished, and the power of judicial review was transferred to the Supreme Court. Nevertheless, the Supreme Court maintained deference toward the dictator. In 1971, the Supreme Court resisted the oppressive rule of President Park Chung Hee and declared Article 2 of the National Compensation Act () unconstitutional, a statute that limited state liability for injured soldiers during service. President Park retaliated by refusing reappointment of Supreme Court justices, which had been a formality. The Fourth and Fifth Republics would grant a new, differently formed Constitutional Committee with the power of constitutional review but on the condition that an ordinary court first formally submit a request before the committee could hear a case. This extra procedural hurdle was meant to nullify the committee, since the Supreme Court would never authorize such requests for fear of reprisal, while allowing the
Park Chung Hee Park Chung Hee (; ; November14, 1917October26, 1979) was a South Korean politician and army officer who served as the third president of South Korea from 1962 after he seized power in the May 16 coup of 1961 until Assassination of Park Chung ...
regime to maintain the pretense that it granted the committee full constitutional-review power. It effectively allowed the dictatorial regime to act with impunity. Following 1987 democratization, the Constitutional Court was restored in the Sixth Republic, with the power of constitutional review. To prevent the president from undermining the judiciary again, the 1987 constitutional amendment, which established the Sixth Republic, allows citizens to file a constitutional complaint directly with the Constitutional Court, even if courts refuse to do so. In 2015, the
Organisation for Economic Co-operation and Development The Organisation for Economic Co-operation and Development (OECD; , OCDE) is an international organization, intergovernmental organization with 38 member countries, founded in 1961 to stimulate economic progress and international trade, wor ...
ranked the South Korean ordinary judiciary to be one of the most efficient in terms of trial length and trial costs.


Composition


Justices

The composition and appointment of Supreme Court justices () are governed by a combination of constitutional provisions and statutory regulations. While the current Constitution of South Korea does not specify the precise number of Supreme Court justices, this matter is addressed by the Court Organization Act, a statute that outlines the structure of ordinary courts in the country. As of 2022, Article 4 Clause 2 of the Court Organization Act establishes that the number of Supreme Court justices is set at 14. 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. Additionally, Article 104 Clause 2 grants the chief justice of the Supreme Court authority to recommend candidates for appointment to the position of Supreme Court justice. To be eligible for appointment as a Supreme Court justice, individuals must meet certain criteria outlined in Article 42 Clause 1 of the Court Organization Act. First, they must be at least 45 years old. Second, they must qualify as an
attorney at law Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa (for certain lawyers), Sri Lanka, the Philippines, and the Unit ...
. Lastly, candidates must have accumulated over 20 years of experience in legal practice or academia. 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.


Council of Supreme Court Justices

According to Article 104 Clause 2 of the constitution, the appointment of lower ordinary court judges (), by the chief justice of the Supreme Court requires the consent of the 'Council of Supreme Court Justices' (). This council consists of all Supreme Court justices, including the chief justice. The decision-making process of the council is governed by Article 16 Clause 1, Clause 2, and Clause 3 of the Court Organization Act. To reach a decision, a simple majority vote among a quorum of two-thirds of all Supreme Court justices is required. 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. Article 17 of the Court Organization Act further empowers the council with additional supervisory functions concerning the chief justice's power of court administration. These functions include the promulgation of interior procedural rules, the selection of judicial precedents for publication, and fiscal planning for all ordinary courts, including the Supreme Court itself. In essence, the Council of Supreme Court Justices serves as a mechanism for collective decision-making and oversight within the Supreme Court, ensuring the fair and effective administration of justice while upholding the principles of transparency and accountability.


Chief Justice of the Supreme Court

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. The requirements for experience and age for the chief justice are the same as those stipulated for associate Supreme Court justices under Article 42 Clause 1 of the Court Organization Act. The role of the chief justice extends beyond serving as the presiding member of ''
en banc In law, an ''en banc'' (; alternatively ''in banc'', ''in banco'' or ''in bank''; ) session is when all the judges of a court sit to hear a case, not just one judge or a smaller panel of judges. For courts like the United States Courts of Appeal ...
'' hearings (or Grand Bench, ), which are composed of more than two-thirds of all 14 justices. In addition to this crucial responsibility, the chief justice has other significant functions. Under Article 111 Clause 3 of the constitution, the chief justice nominates candidates for three out of the nine Constitutional Court justices. Furthermore, the chief justice serves as the chairperson of the Council of Supreme Court Justices. Moreover, the chief justice appoints one of the associate Supreme Court justices to the position of Minister of National Court Administration (). This appointment involves selecting a justice to fulfill the administrative duties associated with managing the national court system. Additionally, with the consent of the Council of Supreme Court Justices, the chief justice appoints all lower court judges in ordinary courts.


Tenure

Article 105 Clause 1, Clause 2, and Clause 4 of the constitution, along with Article 45 Clause 4 of the Court Organization Act, outline the term of associate justices of the Supreme Court. Their term is initially set at six years and can be renewed until the mandatory retirement age of 70. However, in the current Sixth Republic, no justices have attempted to renew their term through reappointment. This is due to the potential risk to the judicial independence of the court that may arise from such renewal attempts. During their term, as stated in Article 106 Clause 2 of the constitution, justices cannot be removed from office except through impeachment or a sentence of imprisonment. Furthermore, engaging in any political party affiliations or activities is strictly prohibited under Article 43(1) and 49 of the Court Organization Act. 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. This retirement order () is explicitly stipulated in Article 106 Clause 2 of the constitution and Article 47 of the Court Organization Act. Similarly, the chief justice of the Supreme Court has the authority to order the retirement of lower ordinary court judges if they are found to have impairments. This retirement order system represents a significant distinction between Supreme Court justices and Constitutional Court justices. 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.


Current justices


Organization


Research judges

The research division of the Supreme Court () comprises officials who provide support to the Supreme Court justices. These officials, referred to as research judges (formerly known as judicial researchers or research judges), are governed by Article 24 Clause 3 of the Court Organization Act. There are two categories of research judges. The first category consists of lower ordinary court judges who are seconded to the Supreme Court by order of the chief justice. The second category, known as judicial researchers, comprises experts who are not lower ordinary court judges. Judicial researchers are appointed for a maximum term of three years, while research judges are typically seconded to work in the Supreme Court for one to two years. This system of research judges and judicial researchers is influenced by the German concept of "Wissenschaftlichen Mitarbeiter" (Research Associates). In Germany, Research associates are lower court judges who are seconded to federal courts for up to five years, serving as judicial assistants to judges in the highest courts. Although the working terms for these research staff members are relatively short, they play a crucial role as core staff members in managing the entire judicial process of the court. This is particularly important considering the high volume of cases appealed to the court. As of April 2022, there are approximately 100 research judges and around 30 judicial researchers contributing to the operations of the Supreme Court.


National Court Administration

The 'National Court Administration' (NCA, ), was established as an administrative body of the Supreme Court in accordance with Article 67 of the Court Organization Act. The NCA is responsible for overseeing and managing all administrative matters pertaining to the ordinary courts in South Korea, including the Supreme Court itself. The head of the NCA, referred to as the 'Minister of NCA' (), is exclusively appointed by the chief justice of the Supreme Court from among the associate Supreme Court justices. Similar to other Supreme Court justices, the minister is regarded as holding the same level of authority as other ministers included in the State Council in the executive branch of the South Korean government. Additionally, the chief justice typically appoints the vice minister of NCA, usually selecting a senior lower court judge for the position. The vice minister of NCA is treated at the same level as other vice ministers within the government structure. The NCA operates under the guidance and direction of the chief justice and implements decisions made by the Council of Supreme Court justices. 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.


Judicial Research and Training Institute

The 'Judicial Research and Training Institute' (JRTI, ), is an institution primarily responsible for training and re-educating lower ordinary court Judges, as outlined in Article 72 of the Court Organization Act. However, its role has evolved over time. Originally, the JRTI served as a nationwide two-year law school supported by the South Korean government. This was prior to South Korea adopting the American-style three-year law school system in 2008 (). 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 The Republic of Korea Armed Forces (), also known as the ROK Armed Forces, are the armed forces of South Korea. The ROK Armed Forces is one of the largest and most powerful standing armed forces in the world with a reported personnel strength o ...
as 'judge advocates' () within the military justice system. The JRTI was initially modeled after the ' Legal Research and Training Institute' () in Japan, which trained judges, prosecutors, and attorneys-at-law simultaneously. In South Korea, candidates for the JRTI were selected through a nationwide jurisprudence examination (). These trainees underwent a two-year training program at the JRTI, where they received education and competed with one another. The career options available to them after graduation were influenced by their performance and records at the JRTI. Graduates with outstanding records typically pursued careers as judges and prosecutors, while those with lower records often chose to work as lawyers in various fields. This system partially reflected the civil law tradition of considering prosecutors as a de facto part of the judiciary as the deputy director (or vice-president) of the JRTI is appointed among prosecutors according to Article 74 Clause 1 of the Court Organization Act. Similar arrangements can be observed in institutions like the French National School for the Judiciary. With the adoption of the American-style three-year law school system in South Korea, the JRTI's role as the exclusive professional school for law diminished. It transformed into an internal education institute for newly appointed judges and law clerks. Some senior judges also receive additional training at the JRTI for technical matters. Currently, all training functions for prosecutors have been transferred to the 'Institute of Justice' () at the
Ministry of Justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
, signifying a change in the training structure for legal professionals in South Korea.


Judicial Policy Research Institute

The 'Judicial Policy Research Institute' (JPRI, ), was established in 2014 under Article 76-2 of the Court Organization Act. It serves as a specialized body within the Supreme Court of South Korea, focusing on research related to policy issues concerning the judicial system. Additionally, the JPRI plays a role in educating the public on fundamental aspects of the functioning of ordinary courts. The institute primarily recruits research fellows and researchers from the pool of lower ordinary court judges, as outlined in the provisions of Article 76 Clause 4 of the Court Organization Act. However, a significant number of researchers are also recruited externally from individuals who possess PhD degrees and have expertise relevant to the field of judicial policy research. This diverse recruitment strategy enhances the institute's ability to gather insights and perspectives from both within and outside the ordinary courts. Currently, the JPRI is located in
Goyang Goyang (; ) is a city in Gyeonggi Province in the north of South Korea. It is part of the Seoul Metropolitan Area, making Goyang one of Seoul's Satellite city, satellite cities. It is one of the largest cities in the Seoul Metropolitan Area, w ...
,
Gyeonggi Province Gyeonggi Province (, ) is the most populous province in South Korea. Seoul, the nation's largest city and capital, is in the heart of the area but has been separately administered as a provincial-level ''special city'' since 1946. Incheon, ...
, providing a dedicated space for its research activities and initiatives.


Building

The Supreme Court was located in Seosomun-dong, Seoul until 1995. Currently, it is located in Seocho,
Seoul Seoul, officially Seoul Special Metropolitan City, is the capital city, capital and largest city of South Korea. The broader Seoul Metropolitan Area, encompassing Seoul, Gyeonggi Province and Incheon, emerged as the world's List of cities b ...
. The Supreme Court building in Seocho has 16 floors and two underground floors with total space around 66,500 square meters. This large size building was necessary to hold the Supreme Court, National Court Administration and law library all together. The main center of the building is used by the Supreme Court, while east wing is mainly used by National Court Administration. Other wing is used by law library. At the center entrance of the building, three Korean words are engraved; ' meaning freedom, ' meaning equality, and ' meaning Justice. The Supreme Court usually does not hold open hearing session, though sessions for verdicts are regularly held on the second and last Thursday of a month.


Jurisdiction

According to Article 101 Clause 2 and Article 110 Clause 2 of the constitution, the Supreme Court of South Korea possesses comprehensive final appellate jurisdiction over all cases from ordinary courts and military courts. 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. Notably, the Supreme Court exclusively handles certain cases as single-tier trials, without the possibility of appeal. One category of cases subject to single-tier trials in the Supreme Court pertains to disputes related to the election of the
president of South Korea The president of the Republic of Korea (), also known as the president of South Korea (), is the head of state and head of government of South Korea. The president directs the executive branch of the Government of South Korea, government and is ...
,
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
members, provincial-level local governors, and local parliament members. These cases are governed by Article 222 and 223 of the Public Official Election Act (), which designates the Supreme Court as the sole authority responsible for adjudication. Another example of single-tier trials at the Supreme Court involves cases concerning disciplinary actions against judges for misconduct. According to Article 27 Clause 2 of the Discipline of Judges Act (), such cases are exclusively heard by the Supreme Court.


Procedure

As outlined in Article 7 Clause 1 of the Court Organization Act, the Supreme Court carries out its final appellate jurisdiction through two distinct phases. The first phase is known as the 'Petty Bench,' which consists of a smaller panel within the court. The Petty Bench is presided over by the most senior justice serving within that particular panel. The second phase is referred to as the 'Grand Bench,' which operates as an ''
en banc In law, an ''en banc'' (; alternatively ''in banc'', ''in banco'' or ''in bank''; ) session is when all the judges of a court sit to hear a case, not just one judge or a smaller panel of judges. For courts like the United States Courts of Appeal ...
'' session of the court. The Grand Bench is always presided over by the chief justice of the Supreme Court. During these sessions, all justices of the Supreme Court come together to deliberate on cases and make decisions.


Four-Judge Panels and ''En Banc'' Hearings

In the initial phase of the procedure, a four-judge panel (or "Petty Bench," ) examines how the appeal should be handled. If the four justices within the same panel reach a unanimous decision, the case is resolved within the panel. 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," ). Given that the court has three four-judge panels, only twelve out of the 14 Supreme Court justices participate in the first phase of the procedure. The remaining two Supreme Court justicesthe chief justice and the minister of National Court Administrationhold administrative roles within the court but are not assigned to any specific panel. In the second phase, an ''en banc'' hearing ( "Grand Bench," ), comprising more than two-thirds of all Supreme Court justices, examines cases forwarded by the four-judge panels. Decisions are made by a simple majority vote. However, if a majority opinion cannot be reached, the court's decision is determined in accordance with Article 66 of the Court Organization Act. In either phase, the Supreme Court does not adjudicate facts but rather deliberates based on the evidence introduced in lower-court trials. Unlike the fact-finding nature of the lower courts, the Supreme Court only examines whether there are errors in the application of law and logic in the decisions of the lower courts regarding the specific case. Therefore, the role of the Supreme Court is to review the decisions of the lower courts and not to issue new judgments. The Supreme Court primarily issues two types of rulings: affirming the lower court's decision () or remanding the case (). Remanding, in simple terms, refers to the act of overturning a lower court's decision and sending the case back for a retrial. In such cases, the lower court is bound by the legal principles highlighted by the Supreme Court. Unless new factual circumstances arise that challenge those legal principles, the lower court must render a decision as directed by the Supreme Court. Consequently, a "verdict of acquittal with a remand for retrial" is considered final, even though it necessitates a new trial at the lower court.


Presiding Justice and Justice in charge

In South Korea, judicial panels include a 'presiding member' () and a 'member in charge' (). The presiding member serves as the official representative of the panel, while the member in charge oversees the proceedings and trial and prepares the draft judgment for the specific case at hand. This role of the member in charge bears similarities to that of the
judge-rapporteur Judge Rapporteur or Judge-Rapporteur is a term for one of Judge in Panel or Chamber of Judges, who is nominated to write case report as rapporteur for other Judges, usually in European courts. European Court of Human Rights In European Court ...
in the
European Court of Justice The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting ...
. Typically, the member in charge is selected randomly by a computer system to ensure impartiality and avoid any suspicion of bias. On the other hand, the presiding member is chosen based on seniority through a bureaucratic process. It is important to note that the term 'presiding judge' () in South Korean courts often refers to a judge who is bureaucratically considered the 'head of the panel' rather than the individual who actively takes on the role of the presiding member for a specific case.


Case naming

South Korea's Supreme Court follows a specific naming convention for current cases. The case name consists of a combination of numbers and alphabets that provide information about the case. The first two or four digits represent the year when the case was filed, indicating the timeframe in which the legal proceedings began. Following the year, a case code composed of alphabets is assigned, which corresponds to a particular jurisdiction within the court. For instance, the letter 'Da' is used to denote cases related to private law, while the letter 'Du' is used for criminal law cases. This case code helps categorize and classify the types of cases being heard by the court. Finally, the last serial number is assigned based on the order of case filing within a given year, ensuring a unique identification for each case.


Statistics

Between 2011 and 2020, the Supreme Court received approximately 35,000 to 48,000 appeal cases annually. However, under current law, the South Korean Supreme Court is not permitted to deny a petition for review (; see
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the recor ...
) at its discretion. South Korea previously operated a certiorari-like system, established in March 1981 under the Special Act on Acceleration of Lawsuits (). The Special Act authorized the Supreme Court to dismiss cases deemed insignificant or not warranting further review. However, because the South Korean legal system is fundamentally based on a three-tiered system (i.e., allowing appeals up to twice), this practice was criticized as a potential infringement on the right to a fair trial. The certiorari system was ultimately abolished in September 1990. Currently, when a petition for review is filed, the Supreme Court must convene a panel of four justices. The panel may unanimously decide to affirm the lower court's decision, remand the case, or, if the matter requires further consideration, refer it to an ''en banc'' hearing. The institutional structure of the Supreme Court places a significant burden on its justices. Each year, the court handles a large volume of cases, typically ranging from 35,000 to 50,000. Of these, only a small fraction, approximately 10 to 20 cases annually, are selected for ''en banc'' hearings (). As a result, the vast majority of cases are resolved without ''en banc'' review and often receive limited deliberation. According to former Supreme Court justice Park Sihwan, decisions in such cases may be reached in as little as "3 to 4 minutes." Consequently, research judges play an essential role, providing detailed legal analysis and support for cases that do not proceed to the ''en banc'' stage. Potential reforms to the South Korean judicial system continue to generate controversy and debate. Several proposals have been advanced to address existing challenges, including increasing the number of Supreme Court justices, reintroducing the
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the recor ...
system (), and establishing an additional tier of appellate courts () positioned between the current appellate courts and the Supreme Court. This intermediate appellate courts would be tasked with handling cases not selected for review by the Supreme Court. The proposal to establish an additional tier of appellate courts became particularly contentious during the tenure of former chief justice Yang Sung-tae. Yang was accused of influence-peddling during
Park Geun-hye Park Geun-hye (; ; born 2 February 1952) is a South Korean politician who served as the 11th president of South Korea from 2013 until Impeachment of Park Geun-hye, she was removed from office in 2017. Park was the first and to date only woman ...
's presidency. Specifically, he was alleged to have intervened in a case in a manner favorable to the president in exchange for the creation of the proposed appellate courts (). He was arrested in 2019, and the trial remains ongoing as of May 2023.


Criticism and Issues

* The Supreme Court has faced criticism for perceived leniency toward chaebols as well as controversy over internal political conflicts within the judiciary. Notably, the court came under public scrutiny following a case-rigging scandal involving Yang Sung-tae, the 15th chief justice. * Both the constitution and the Court Organization Act lack contingency plans for mass vacancies on the Supreme Court. As a result, if the National Assembly is gridlocked over recommending candidates for Supreme Court justices under Article 104 Clause 1 and Clause 2 of the constitution, there is no alternative, and the Supreme Court becomes paralyzed due to the absence of justices. A similar problem exists with the
Constitutional Court of Korea The Constitutional Court of Korea () is one of the apex courtsalong with the Supreme Court of Korea, Supreme Courtin Judiciary of South Korea, South Korea's judiciary that exercises constitutional review, seated in Jongno District, Jongno, ...
to a greater extentbecause the constitution and relevant statutes impose a higher quorum requirement for the Constitutional Court to render a decision upholding a law. Under Article 66 Clause 1 of the Court Organization Act, the Supreme Court may decide cases by a simple majority. In contrast, the Constitutional Court requires the concurrence of at least six justices to uphold a law, pursuant to Article 113 Clause 1 of the constitution.


See also

*
Chief Justice of the Supreme Court of Korea The chief justice of the Supreme Court of Korea () is the chief judge of the Supreme Court of Korea. As presiding judge of the grand bench composed of two-thirds of fourteen Supreme Court justices, the chief represents the Supreme Court of Kor ...
*
Politics of South Korea The politics of South Korea take place in the framework of a presidential representative democratic republic, whereby the president is the head of state, and of a multi-party system. To ensure a separation of powers, the government of th ...
*
Government of South Korea The government of South Korea () is the national government of the Republic of Korea, created by the Constitution of South Korea as the executive, legislative and judicial authority of the republic. The president acts as the head of state and ...
*
Judiciary of South Korea The judiciary of South Korea () is the judicial branch () of the South Korean central government, established by Chapter 5 and 6 of the Constitution of South Korea. Under Chapter 5, the Constitution defines ordinary courts for all cases exce ...
*
Constitutional Court of Korea The Constitutional Court of Korea () is one of the apex courtsalong with the Supreme Court of Korea, Supreme Courtin Judiciary of South Korea, South Korea's judiciary that exercises constitutional review, seated in Jongno District, Jongno, ...


References


External links


the Supreme Court of Korea Official Website

The Constitution of the Republic of Korea (translated in English), Korea Legislation Research Institute

Court Organization Act (translated in English), Korea Legislation Research Institute

2019 Introductory Book of the Supreme Court of Korea, published and downloadable by the Supreme Court of Korea
{{Coord, 37.4922, N, 127.0052, E, source:wikidata, display=title Judiciary of South Korea Korea, South Courts in South Korea Law of South Korea 1948 establishments in South Korea Courts and tribunals established in 1948 Seocho District