[2023 National Audit] Criticism Pours Over 'Case Processing Delays' at Constitutional Court Hearing

At the National Assembly Legislation and Judiciary Committee's audit of the Constitutional Court held on the 16th, members from both ruling and opposition parties sharply criticized the Constitutional Court for delays in case processing.

In response to the criticism regarding delays, the Constitutional Court stated that it has established a dedicated division to handle long-pending cases.

Park Jong-moon, Secretary General of the Constitutional Court, is responding to lawmakers' questions during the National Assembly's Legislation and Judiciary Committee's audit of the Constitutional Court and the Constitutional Court Research Institute held on the 16th.

According to data on the "average number of days for adjudication cases" submitted by the Constitutional Court to Yusangbeom, a member of the People Power Party, the average case processing period at the Constitutional Court has more than doubled compared to 2017. By type of adjudication, as of August this year, the average duration for constitutional review cases was 473.9 days, an increase of 61.4 days compared to 412.5 days in 2017. Jurisdictional dispute cases averaged 555 days, up 179.5 days from 375.5 days in 2017. For constitutional complaints, cases for rights relief under Article 68, Paragraph 1 of the Constitutional Court Act averaged 744.9 days, an increase of 437.2 days from 307.7 days in 2017, while norm control constitutional complaints under Article 68, Paragraph 2 averaged 776.7 days, up 301.6 days from 475.1 days in 2017.

Long-pending cases also increased by 174%, from 902 cases in 2018 to 1,576 cases as of August 2023. Among these, cases with a trial period exceeding two years rose significantly from 126 cases (14%) out of 902 in 2018 to 486 cases (30.8%) out of 1,576 as of August.

On the day, Song Kiheon, a member of the Democratic Party of Korea, said, "The 'timely processing system' created for swift trials and rulings has not been used even once since May 2019," adding, "I thought the impeachment case of Minister of the Interior and Safety Lee Sang-min, which could have significant social impact, would be designated as a timely case for rapid processing, but it was not selected either. Why is the system not being used?"

Park Jong-moon, Secretary General of the Constitutional Court, replied, "Since February this year, we have established a Long-Pending Case Processing Division within the Research Department and assigned experienced constitutional researchers. These researchers handle only long-pending cases. It has been about eight months since its establishment, and we are seeing considerable effects."

Lawmakers pointed out that while delays in trials at the judiciary, including the Supreme Court, have become a serious issue, the Constitutional Court, the highest institution for constitutional litigation, is also failing to conduct hearings and rulings in a timely manner.

Rep. Song said, "There are cases that have taken 3,165 days. Although the workload of the justices is heavy, there are many unresolved cases compared to the 180-day processing period set by the Constitutional Court," and criticized, "The timely processing system is not being utilized."

Secretary General Park responded, "Even if major cases are not designated as timely processing cases, the panels manage them to ensure they are not delayed."

Jang Dong-hyuk of the People Power Party criticized the Constitutional Court for taking nearly two years and nine months to rule unconstitutional the so-called 'Law Prohibiting Leaflet Distribution to North Korea,' saying, "Were they just waiting for the regime to change?"

Park replied, "I do not think that is the case at all. Constitutional adjudication is a single-instance process, and there are precedent-setting cases. Once a decision is made, it becomes a precedent for similar future cases, so we have to look extensively at foreign legislation and precedents."

Democratic Party member Kim Seung-won also pointed out that climate crisis-related constitutional lawsuits have been pending at the Constitutional Court for a long time.

Park said, "I have heard that decisions from the German and other European constitutional courts are being thoroughly reviewed and referenced," adding, "I think a decision will be made without delay."

Questions were also raised about the retirement of Constitutional Court Chief Justice Yoo Nam-seok on the 10th of next month and the appointment of his successor. Previously, the Supreme Court has faced a leadership vacuum as nominee Lee Gyun-yong failed to pass the National Assembly.

Jeon Ju-hye of the People Power Party asked, "The appointment of the Chief Justice of the Constitutional Court could also be rejected. In that case, can trials proceed?"

Park answered, "Legally, it is not impossible, but I think it is appropriate for the nine-member panel to be complete when deciding important cases."

Yusangbeom from the same party said, "While there are complaints about manpower shortages and a surge in cases, the recent work status report shows that cases have actually decreased since around 2020," adding, "The Constitutional Court may be criticized for taking the constitutional right of the people to a speedy trial too lightly."

Park responded, "Not only I but also the Constitutional Court justices agree with the proposition that decisions should be made as quickly as possible. Although the number of cases has statistically decreased, this is partly because of a reduction in frivolous lawsuits."

Additionally, during the audit, opposition lawmakers asked whether the Constitutional Court should express its opinion on governance by enforcement decree, citing examples such as the establishment of the Personnel Information Management Unit and the Police Bureau. Park avoided a direct answer, saying, "It seems to go beyond the scope of the current Constitution and the Constitutional Court Act."

Ruling party lawmakers also questioned the institutional significance of impeachment trials in relation to the Constitutional Court's unconstitutional ruling on the 'Prohibition of Leaflet Distribution to North Korea' clause in the South-North Relations Development Act, which the opposition pushed through, and the opposition's impeachment petitions against Minister of the Interior and Safety Lee Sang-min and Minister of Justice Han Dong-hoon.

This content was produced with the assistance of AI translation services.