Jinwook Jung Proposes Bill Allowing Constitutional Complaints Against Supreme Court Rulings

“Even Court Rulings Should Be Reviewed by the Constitutional Court”
Democratic Party’s Move Seen as Response to Lee Jaemyung Verdict
Proposed Bill Draws Attention for Effectively Introducing a “Fourth Instance” System

Jinwook Jung, a member of the National Assembly from Gwangju Dongnam-gap representing the Democratic Party of Korea, announced on May 4 that he plans to propose an amendment to the Constitutional Court Act. This amendment would allow individuals to file a constitutional complaint against final rulings of the Supreme Court.

Jinwook Jung, Member of the National Assembly.

Currently, Article 68, Paragraph 1 of the Constitutional Court Act stipulates that "any person whose basic rights guaranteed by the Constitution have been infringed upon by the exercise or non-exercise of governmental power may request an adjudication on constitutional complaint to the Constitutional Court, except for judicial decisions of the courts." Jung intends to amend the law by removing the phrase "except for judicial decisions of the courts" from this provision.

This amendment, which in effect introduces a "fourth instance" system, aims to allow the Constitutional Court to review cases even after a final Supreme Court ruling, provided that a clear violation of basic rights is evident.

Jung stated, "The purpose is to allow the Constitutional Court to review whether the courts' interpretation of the law is unconstitutional," adding, "This will serve as an institutional safeguard to provide stronger protection of the basic rights of the people guaranteed by the Constitution."

He also added, "If the fourth instance system is realized, the Supreme Court will be subject to review by the Constitutional Court, which could lead to structural changes throughout the entire judicial system."

This amendment is seen as a response to calls within the party for institutional reform of judicial procedures, following the Supreme Court's recent decision to remand the case of Lee Jaemyung, the Democratic Party's presidential candidate. Previously, Democratic Party lawmakers have also proposed bills to suspend criminal trials in the event of a presidential election victory.

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