BAE, KIM & LEE LLC held a seminar on the 28th under the theme of "procedures and strategies for constitutional complaint against judgments" and shared ways to effectively use the system.
The first presenter at the seminar was Attorney Kim Kyungmok, a former senior constitutional researcher and Director General-level researcher at the Constitutional Court. Kim gave a presentation on "the procedure for constitutional complaint against judgments." First, Kim explained the concept of the constitutional complaint against judgments and the process of amending the Constitutional Court Act. Citing the requirements to ensure the complaint conforms to the law, Kim said that when drafting the petition, one must specify the infringements of basic rights in concrete terms.
Next, Attorney Lim Hyoryang presented on "court judgments subject to constitutional complaint." Lim introduced the three grounds for petition set out in each subparagraph of Article 68(3) of the amended Constitutional Court Act. Lim analyzed the issues for each of the following: a judgment contrary to the purport of a Constitutional Court decision, a judgment rendered without due process, and a judgment that clearly infringed basic rights in violation of the Constitution and statutes.
Attorney Han Wisu presented from the petitioner's perspective on "upholding a constitutional complaint against a judgment and subsequent procedures," offering criteria and strategies for success. Han cited cases of upheld complaints in major countries including Germany and Spain. Han explained strategies to increase the likelihood of success under constitutional standards such as the principle of proportionality, the principle of statutory reservation, and the objective value order of basic rights.
In the final presentation, Attorney Park Hyunseong introduced "cases in which constitutional complaints were upheld in Germany." Park said that in Germany, there are cases across all fields—civil, criminal, and administrative—where constitutional complaints have been accepted. Park explained that, beyond assessing whether a particular party's filing of a lawsuit with a court complies with the law, even the manner in which the court conducts the proceedings is reviewed through constitutional complaints.
A BAE, KIM & LEE LLC representative said, "Constitutional complaint against judgments is a new variable that reshapes the entire landscape of litigation and regulatory response for corporations," adding, "We will provide optimal solutions so that our corporate clients can establish response strategies from the initial stage that take into account even the possibility of a constitutional complaint against a judgment."
TAEPYUNGYANG formed a "constitutional complaint task force (TF)" in March after the system was introduced. The TF includes Attorneys Cha Hansung and Lee Gitaek, who served as Supreme Court justices; Han Wisu, who headed the research department at the Constitutional Court; Song Ucheol, a former chief judicial researcher at the Supreme Court; Hong Gitae, a former constitutional researcher at the Constitutional Court; and Moon Seongho, a former judicial policy officer at the National Court Administration. They have joined to carry out work related to constitutional litigation.
Meanwhile, the Constitutional Court on the 28th referred to a full trial a constitutional complaint against a judgment filed to challenge a Supreme Court ruling that finalized, by dismissing without hearing on the merits, a penalty surcharge against Green Cross for bid-rigging in vaccine procurement. It is the first case to pass the preliminary review about a month after the system took effect.