"Special Act on Insurrection Unconstitutional"... Constitutional Complaint Filed by Yoon Referred for Formal Review

The constitutional complaint filed by former President Yoon Suk-yeol’s side regarding the scope of investigation and special prosecutor appointment procedures stipulated in the Special Act on Insurrection is set to undergo a formal review by the Constitutional Court.

On April 21, the Constitutional Court announced that it has officially referred for adjudication the constitutional complaint submitted by former President Yoon's side against Articles 2(1), 3, and 7(1) of the Special Act on Insurrection.

Former President Yoon Seok-yeol. Photo by Yonhap News Agency

Under the Constitutional Court Act, a designated panel of three justices first examines whether the constitutional complaint meets legal requirements. If the panel finds no legal defects, the case is then referred to a full bench of nine justices for review.

The review targets include provisions defining the scope of investigation in the Special Act on Insurrection (Article 2(1)), procedures for appointing the special prosecutor (Article 3), and the authority of the special prosecutor over ongoing prosecutions (Article 7(1)).

Former President Yoon's side filed the constitutional complaint directly with the Constitutional Court on March 25, after the 25th Criminal Division of the Seoul Central District Court (then presided over by Chief Judge Ji Guyon), which was handling the case on charges of leading an insurrection, dismissed two requests for a constitutional review of the law during the trial process.

A request for a constitutional review is a procedure in which a court asks the Constitutional Court to determine whether a law is unconstitutional when that determination is essential to the trial. If such a request is dismissed or rejected, the concerned party may file a constitutional complaint (in the form of a constitutionality review) with the Constitutional Court.

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