On February 27, 2026, the National Assembly passed a partial amendment to the Constitutional Court Act (the “Amended Act”), which introduces a judicial constitutional complaint system, allowing court judgments to be challenged through constitutional complaints. The Amended Act was promulgated and entered into force on March 12, 2026. Under the previous regime, judicial acts in the form of court judgments were excluded from the scope of constitutional complaints. With this amendment, however, the available remedies for individuals alleging violations of fundamental rights have been substantially expanded.
Key Provisions of the Amended Constitutional Court Act
- Permissibility of Judicial Constitutional Complaints (Article 68(1) and (3)): The phrase “excluding court judgments,” which had previously been expressly stipulated, has been deleted. As a result, “final and conclusive court judgments” are now subject to direct review through constitutional complaints.
- Strictly Limited Grounds for Filing: To prevent the system from being used as a means to re-litigate factual determinations or legal interpretations, the grounds for filing a complaint have been strictly limited to the following three cases:
Where a court judgment is contrary to a decision of the Constitutional Court
Where fundamental rights have been violated due to failure to follow constitutionally and statutorily prescribed due process
Where there is a manifest violation of the Constitution or statutes resulting in infringement of fundamental rights
Frequently Asked Questions on Key Practical Issues
Question 1.
Do all court judgments fall within the scope of a judicial constitutional complaint?
Answer
No. Only ‘final and conclusive judgments’ are eligible. This includes judgments, rulings, and orders in civil, criminal, and administrative cases. However, the principle of subsidiarity applies, meaning that all available remedies must first be exhausted. As a general rule, a complaint may be filed only after all appellate procedures have been completed and a final judgment has been rendered.
Question 2.
What is the filing deadline?
Answer
The filing period is very short. A complaint must be filed within 30 days from the date the judgment becomes final. This is significantly shorter than the general constitutional complaint filing period (90 days from the date of awareness), making prompt response essential.
Question 3.
Can a complaint be filed without legal representation?
Answer
No. Constitutional proceedings are subject to mandatory attorney representation. Accordingly, a licensed attorney must be appointed as counsel.
Question 4.
Does filing a judicial constitutional complaint automatically suspend enforcement of the judgment?
Answer
No. Filing alone does not suspend enforcement. To prevent infringement of rights, it is necessary to separately apply for a stay of execution (provisional suspension of effect).
Implications
- Strategic Response at the Appellate and Supreme Court Stages: With the introduction of the judicial constitutional complaint system, proceedings are expected to function in effect as a “four-tier review system.” Accordingly, it is important from the lower court stage onward to go beyond ordinary legal arguments and systematically frame constitutional issues—such as violations of due process or inconsistency with Constitutional Court precedents—and ensure that these arguments are properly preserved in the record. In particular, taking into account comparable foreign systems such as Germany’s “Heck formula,” the Constitutional Court of Korea is also expected to apply this remedy strictly, limiting it to cases involving not mere legal error but “specific constitutional violations” or “overlooking of fundamental rights.” Therefore, a sophisticated litigation strategy focused on identifying and articulating constitutional issues, rather than disputing factual findings, will be required.
- Immediate Review Upon Final Judgment: Given the short 30-day filing deadline, where an adverse judgment becomes final, it is essential to immediately assess potential constitutional issues and seek legal advice to determine whether to file a complaint and/or request interim relief.
- Revising Dispute Management Strategies for Companies and Institutions: As final judgments may now potentially be reversed through a judicial constitutional complaint, uncertainty at the stage of dispute resolution and risks relating to suspension of enforcement should be incorporated into overall risk management frameworks.
