First Full Bench Referral Since Introduction of Judicial Review Petition... Constitutional Court to Hear Green Cross Bid-Rigging Case

by Choi Taewon

Published 28 Apr.2026 18:00(KST)

Full Bench Referral Just Over a Month After System Implementation

The Constitutional Court of Korea will, for the first time since the implementation of the judicial review petition system, begin a full hearing on a Supreme Court ruling.

Constitutional Court of Korea, Jongno-gu, Seoul. Photo by Yonhap News

The designated panel of the Constitutional Court announced on the 28th that it had decided to refer the constitutional complaint case-filed by Green Cross seeking to overturn a Supreme Court ruling-to the full bench.

This marks the first referral to the full bench since the judicial review petition system was formally implemented on March 12. From the time of implementation until the 27th, a total of 525 cases seeking to overturn court rulings were filed, of which 265 were dismissed during the designated panel stage.

The case centers on allegations of collusion in vaccine bidding. Green Cross, the petitioner, was ordered by the Korea Fair Trade Commission to take corrective action and pay a fine after being found to have won bids for HPV (human papillomavirus) vaccines-ordered by the Korea Disease Control and Prevention Agency between April 2017 and January 2019-by using wholesalers as decoys.

Green Cross filed a lawsuit contesting the decision, but it was dismissed by the Seoul High Court. In February, the Supreme Court also dismissed Green Cross's appeal through a "rejection without hearing." This means the appeal was dismissed without a substantive review because the stated grounds for appeal did not meet the legal requirements.

Green Cross argues that its constitutional rights were infringed during this process. The company claims that its right to trial and property rights were violated because, despite a related criminal ruling acquitting parties on the grounds that there was no actual competitive relationship in the same bid collusion case, the Supreme Court dismissed the appeal without a substantive review.

Following the decision to refer the case to the full bench, the Constitutional Court notified the Chief Justice of the Supreme Court-the respondent-and requested a response. The Korea Fair Trade Commission, a party to the lawsuit, was also notified and given an opportunity to present its views. In addition, the Minister of Justice was informed of the referral.