A petition for review represented by YulChon has moved into full bench merits proceedings at the Constitutional Court. It is the first case to pass preliminary screening since the petition for review system took effect on the 12th of last month.
The Constitutional Court on the 28th referred to the full bench a petition for review seeking to overturn the Supreme Court ruling that rejected Green Cross's request to cancel the Korea Fair Trade Commission's corrective order and penalty surcharge.
YulChon, which represented this case, said the outcome was the result of meticulous coordination between its antitrust group and the petition-for-review task force (TF). YulChon said, "Representing Green Cross, we identified the point that the appeal was dismissed without a hearing despite conflicting conclusions between a criminal case finalized by the Supreme Court and an administrative case at the Seoul High Court on whether collusion was established, and sought a constitutional judgment on the Supreme Court's practice of dismissing appeals without hearings."
It added that it focused on the argument that the Supreme Court's ruling of "dismissal without hearing" in an administrative case, without substantive review of a core legal issue, infringed basic rights such as the constitutionally guaranteed right to a trial. YulChon said, "This referral to the full bench will become a key precedent that specifies the requirements for recognizing petitions for review going forward."
YulChon attorney Seo Hyeong-seok said, "This decision is a significant achievement in that it is the first to clear the threshold during the process in which the Constitutional Court carefully screened merits cases while dismissing 265 petitions for review," adding, "Through the Constitutional Court's merits proceedings, we will do our utmost to establish clear jurisprudence on guaranteeing the constitutional right to a trial."
Since the introduction of the petition-for-review system, YulChon has formed a petition-for-review TF led by attorneys Yoon Yong-seop, Seo Hyeong-seok, and Kwon Hyuk-jun, bringing together a large number of experts in constitutional, administrative, and criminal litigation.