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340 H.E.PARK Han-Chul

one year later even before the court’s basic structure was formed,
and the amendment cancelled the establishment of the
constitutional court.

The Constitutional Court of Korea has jurisdiction over five
areas:
i) adjudication on the constitutionality of statutes that
became the subject of trial; ii) adjudication on competence disputes
when conflicts arise between state and local governments and
agencies; iii) impeachments; iv) dissolution of a political party; and
v) adjudication on a constitutional complaint filed by an individual
whose basic rights have been infringed by governmental power.
Decisions of the Court including those finding a statute
unconstitutional, decisions upholding requests in a constitutional
complaint, and decisions on competence disputes have binding
power on national government and agencies, as well as local
governments.
Once the Constitutional Court finds a statute unconstitutional,

the binding power of the decision prevents a court from applying
that statute.
If a court continues to apply such statute in trial, that trial,
by an exception, will be subject to a constitutional complaint.
Any statute or a provision held unconstitutional by the
Constitutional Court, in principle, becomes ineffective from the
date of the decision.
But, if such statute or a provision is related to criminal
punishment, it becomes ineffective retroactively.
Also, the Court, in adjudicating a constitutional complaint,
can nullify the exercise of governmental power which caused
infringement of fundamental rights, and can also hold that a failure
to exercise governmental power is in violation of the constitution.

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