Sejong LLC held a seminar to discuss the filing requirements and review procedures for the newly introduced judgment complaint system, as well as response strategies for each stage of litigation.
Sejong said it held a seminar titled "Practical issues and utilization strategies for judgment complaints" at its Grand Seoul headquarters in Jongno-gu, Seoul, on the 22nd.
The amended Constitutional Court Act, which took effect on Mar. 12, includes final court judgments that meet certain requirements as subjects of constitutional complaints. However, not all final judgments can be challenged. It is limited to judgments that run counter to the purport of Constitutional Court decisions, violate due process, or clearly infringe basic rights by violating the Constitution or laws. The filing period is 30 days from the date the judgment becomes final.
The Constitutional Court projected that 10,000 to 15,000 judgment complaint cases will be filed annually following the system's implementation.
In the first session, Sejong attorney Kim Gwang-jae explained the filing requirements and practical cautions under the theme "Grounds and subjects of judgment complaints."
Kim said, "Because the judgment complaint is a newly introduced system with still-undeveloped legal principles and few accumulated precedents, we must proceed carefully to avoid trial and error," adding, "For some lawsuits, it is necessary to anticipate a judgment complaint and raise constitutional issues from the court's trial stage."
Kim handled constitutional litigation including the Constitutional Court's decision of incompatibility with the Constitution on the Criminal Act's abortion provision and the unconstitutionality ruling on the internet real-name verification system under the Public Official Election Act.
In the second session, Sejong attorney Kim Hyun-young, a former Constitutional Court constitutional researcher and senior constitutional researcher, gave a presentation on "Review procedures for judgment complaints and key cases."
Kim explained, "A judgment complaint is not a procedure to contest facts recognized by the court or the individual subsumption and application of laws based on those facts, but a constitutional review," adding, "One must select the necessary constitutional issues and allege infringement of basic rights so that the Constitutional Court can examine whether the court sufficiently considered constitutional perspectives during the trial process."
At the Constitutional Court, a designated panel of three justices conducts a preliminary review of compliance with the filing period, whether other remedies were pursued, and whether the grounds for a judgment complaint are met. Cases not dismissed by the designated panel are referred to the full bench.
Bae Ho-geun, who leads Sejong's constitutional litigation team, said, "For judgment complaints, it is important to examine constitutional issues related to the interpretation and application of laws from the court's trial stage and respond strategically."
The seminar began with opening remarks by attorney Bae and a greeting by Sejong attorney Shin Dong-seung. Shin previously served as senior chief research officer and chief research officer at the Constitutional Court.