[Invest&Law] "Will Every Case Be Judged on Fundamental Rights?" In the Era of Judicial Review Petitions, Former Constitutional Court Officials Are in High Demand

Major Shift in Litigation Strategies Unavoidable

Kim & Chang Assembles Five Former Constitutional Court Officials

Bae, Kim & Lee Launches Task Force of Over 30 Members

Shin & Kim, Kwangjang, and Yulchon Expand Relevant Teams

With the introduction of the “judicial review petition” system, which allows the Constitutional Court to review final court rulings, major law firms are competing to recruit teams made up of former Constitutional Court justices and research officers. The legal community predicts that the adoption of this new system will change litigation strategies, requiring all cases to be approached from the perspective of “infringement of fundamental rights.”

According to the legal community on March 11, a partner attorney at one law firm commented, “Until now, even when a case was not subject to legal review at the Supreme Court, lawyers would frame the issues as legal disputes to bring them before the Supreme Court. From now on, there will be a trend toward framing every case as an issue of infringement of fundamental rights or the right to pursue happiness, and the ability to do this well will become a key sales point for constitutional law specialists.”

The head of the management division at another law firm stated, “With the introduction of the judicial review petition, a practical pathway has opened to challenge final judgments. As a result, litigation patterns are likely to change, with strategies being designed from the initial stages of a case to take constitutional issues into account.” He added, “Even in corporate cases, there will be more attempts to reframe administrative, tax, and financial disputes through the lens of fundamental rights violations.”

Interest in recruiting former Constitutional Court research officers is also increasing. As research officers assist justices and directly participate in case reviews and the drafting of decisions, they have a deep understanding of the Constitutional Court’s deliberation methods and internal logic. Until now, former research officers have typically gone into academia, but law firm recruitment is expected to become more active. Talent with an instinct for which cases the Constitutional Court will accept or dismiss is likely to become increasingly competitive in the market.

Large law firms are seeking to recruit former Constitutional Court officials or legal professionals with experience winning constitutional litigation. Kim & Chang has assembled a team of five former Constitutional Court officials, including former Justices Mok Youngjoon (Judicial Research and Training Institute Class 10) and Kang Ilwon (Class 14). Bae, Kim & Lee LLC has launched a “BKL Judicial Review Petition Task Force” with about 30 members. Kim Kyungmok (Class 26), a former Senior Constitutional Research Officer at the Constitutional Court, is leading the group, joined by Han Wisoo, former head of Constitutional Court research (Class 12), and Hong Kitae, former Constitutional Court constitutional research officer (Class 17). At Shin & Kim LLC, Yeom Dongshin, former constitutional research officer (Class 20), is taking the lead in monitoring institutional developments.

Kwangjang LLC has assembled a team centered around Kim Jeongwon (Class 19), who served as Senior Deputy Chief Research Officer and Secretary-General at the Constitutional Court, along with former research officers Kang Eulhwan (Class 21), Ji Youngcheol (Class 17), and Jin Changsoo (Class 21). Yulchon LLC has formed a task force led by attorney Yoon Yongseop (Class 10), who previously served as a Supreme Court research officer and head of the Constitutional Research Department at the Constitutional Court, and has begun analyzing judicial review petition work.

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