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Encyclopedia > Supreme Court of South Korea

Supreme Court of South Korea
Hangul: 대한민국 대법원
Hanja: 大韓民國大法院
Revised Romanization: Daehan Minguk Daebeopwon
McCune-Reischauer: Taehan Min'guk Taebŏbwŏn

The Supreme Court of Korea is the highest court in South Korea. It is located in Seoul. Hangul also refers to a word processing application widely used in Korea. ... It has been suggested that Sino-Korean be merged into this article or section. ... The Revised Romanization of Korean (Korean: 국어의 로마자 표기법; 國語의 로마字 表記法) is the official Korean language romanization system in South Korea. ... McCune-Reischauer romanization is one of the two most widely used Korean language romanization systems, along with the Revised Romanization of Korean, which replaced (a modified) McCune-Reischauer as the official romanization system in South Korea in 2000. ... The supreme court in some countries, provinces, and states, functions as a court of last resort whose rulings cannot be challenged. ... Seoul (IPA: , (help· info)) is the capital and largest city of South Korea (Republic of Korea). ...


Articles 101-110 of the Constitution of the Republic of Korea establish the Supreme Court and enumerate its powers and responsibilities. The Constitution of the Republic of Korea (South Korea) is its basic law. ...

Contents


Composition

Politics - Politics portal
South Korea

This article is part of the series:
Politics and government of
South Korea
Politics, sometimes defined as the art and science of government[1], is a process by which collective decisions are made within groups. ... Image File history File links South_korea_coa. ... Government South Korea is a republic with powers shared between the President of South Korea and the legislature called the National Assembly. ...

See also: History of South Korea

edit The President is head of state of South Korea. ... Roh Moo-hyun, born September 1, 1946, has been the President of South Korea since February 25, 2003. ... The Prime Minister of South Korea (Korean hangul: 국무총리; hanja: 國務總理; revised: gukmuchongni; McCune-Reischauer: kukmuchongni) is appointed by the President of South Korea with the National Assemblys approval. ... Han Myung-Sook (한명숙, 韓明淑, born March 24, 1944) is a Korean deputy from the ruling Uri Party. ... The National Assembly (Hangul: 국회; Hanja: 國會; Revised: Gukhoe; McCune-Reischauer: Kukoe) is the parliament of South Korea. ... The Chief Justice of the Republic of Korea is the Chief Justice of the Supreme Court of Korea. ... Political parties in South Korea lists political parties in South Korea. ... Elections in South Korea provides an overview of the history of South Korean elections and their results. ... Legislative elections were held in the Republic of Korea (South Korea) on April 15, 2004. ... Unification Flag of Korea Korean reunification is the possible future unification of North Korea and South Korea under a single government. ... The Sunshine Policy is the guiding philosophy of South Koreas foreign policy towards North Korea. ... The situation of human rights in the Republic of Korea (South Korea) reflects its status as a constitutional democracy governed by a president and a unicameral legislature. ... The foreign relations of South Korea are dominated by its relationships with its neighbors North Korea, Japan, and China, and with ally United States of America. ... The History of South Korea traces the development of South Korea from the division of the Korean Peninsula in 1945 to the present day. ...

The Supreme Court of Korea is composed of the Chief Justice of the Republic of Korea, and 13 other Supreme Court Justices, 12 of which have adjudicatory functions. The 13th justice of the Supreme Court is appointed by the Chief Justice as the Minister of Court Administration, and does not participate in rendering judicial opinions. The Chief Justice of the Republic of Korea is the Chief Justice of the Supreme Court of Korea. ...


The Chief Justice of Korea is appointed to the court by the President with the consent of the National Assembly, and serves a non-renewable term of six years from the time of appointment. The Chief Justice acts as the head of the judicial branch of the Republic of Korea, and has broad administrative powers under the Constitution, including the right to recommend other justices to the Supreme Court and the right to appoint judges of the inferior courts. The current Chief Justice is Lee Yong-hun. The President is head of state of South Korea. ...


The 13 other Justices are appointed to the court by the President on the recommendation of the Chief Justice and the consent of the National Assembly, and serve renewable terms of six years.


By law, to be eligible for appointment to the Supreme Court, a person must be over 40, and have spent at least 15 years:

  • as a judge, public prosecutor, or lawyer or
  • engaged in legal affairs at the state organs, local governments, state-run or public enterprises, state-financed institutions while qualified as a lawyer or
  • in an office higher than assistant professor in the field of jurisprudence at an authorized college or university while qualified as a lawyer.

For the most part, Supreme Court Justices are appointed from the bench.


Supreme Court Justices are required to retire at age 65 (70 for the Chief Justice).


Research judges

The Supreme Court also employs a number of reasearch judges, whose function is to assist the Justices in researching their opinions. These research judges may either be assigned to a particular justice, or else belong to a 'pool' that provides assistance to any Justice. The research judges are appointed from among the judges of the other courts, usually presiding judges of the district courts or else associate judges of the high courts. As of May, 2005, there were 3 research judges assigned to each of the Justices (36 in total) as well as 23 others who constituted the 'pool.'


Jurisdiction

As the court of last resort for the Republic of Korea, the Supreme Court has appellate jurisdiction over cases in the South Korean legal system. Additionally, the Supreme Court has original jurisdiction over challenges to the validity of a presidential or parliamentary election and the power to review the constitutionality and legality of rules, orders, regulations, and actions of administrative entities.


Procedure

Petty Benches

The Supreme Court is organized into three Petty Benches, each consisting of four Justices. Normally, the Petty Benches hear cases from the lower courts, which they may overturn by consensus. Should the Petty Bench assigned to a case fail to reach a consensus, the case will be heard by the Grand Bench.


The Grand Bench

The Grand Bench must be composed of more than two-thirds of the Justices and be presided over by the Chief Justice. Unlike the Petty Benches, the Grand Bench can enter judgments by simple majority, rather than needing a consensus. If no majority can be reached amongst the Justices sitting on the Grand Bench, the judgment of the lower court is sustained by default. In addition to cases that fail to garner a consensus in one of the petty benches, the Grand Bench also hears cases where it is deemed that any order, rule, or regulation is in violation of the laws or the Constitution, where a previous opinion of the Supreme Court needs modification, or in cases where adjudication by the Petty Benches would not be appropriate.


Administrative function

In addition to its adjudicative functions, the Supreme Court is also responsible for the administration of the South Korean court system.


The Supreme Court Justices Council

The Supreme Court Justices Council comprises the highest body of court administration in the Republic of Korea. This council is presided over by the Chief Justice, with all of the Justices of the Supreme Court sitting on the Council. The Council has the power to promulgate the rules of procedure for the Supreme Court and lower courts, select judicial precedents for publication, request the budget for the judicial branch, and rule on other matters which are referred to it by the Chief Justice. In addition, the Council is responsible for confirming the nominations of the Chief Justice of judges for the lower courts.


To pass a resolution, the Justices Council requires a quorum of more than two-thirds of the Justices of the Supreme Court, a majority of which must approve of the proposed measure. The Chief Justice has a vote on the Council, and is given the prerogative to cast the deciding vote in the event of a tie.


The Ministry of Court Administration

The Ministry of Court Administration is headed by the Minister of Court Administration, and handles much of the daily operation and general administrative duties of the judicial branch. The Minister and Vice Minister of Court Administration have the right to address the National Assembly and the State Council on issues related to court administration.


See also

This is a list of Wikipedia articles on Korea-related people, places, things, and concepts. ... The Constitution of the Republic of Korea (South Korea) is its basic law. ... The History of South Korea traces the development of South Korea from the division of the Korean Peninsula in 1945 to the present day. ...

References


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