Sangcheol’s Legal Journal : YouLaw Insights

🔍 Supreme Court Precedents: No Mention of Unconstitutionality in Immediate Appeals In May 2023, the South Korean Supreme Court’s Second Division reviewed a case concerning a re-appeal filed by prosecutors against the Daejeon District Court’s decision to grant a release request. The Supreme Court ruled, “Upon reviewing the reasons for the re-appeal, we find no violation of the Constitution, laws, orders, or regulations.” In other words, even though the prosecution had filed an immediate appeal after releasing the defendant, the Supreme Court did not raise any constitutional concerns regarding this practice. This case originated in November 2022 when the Daejeon District Court, on its own authority, ordered a release. The prosecution complied by releasing the defendant but simultaneously filed an immediate appeal. This precedent contradicts the current prosecution’s argument that “immediate appeal after release is unconstitutional.” ⚖️ Prosecution’s Argument vs. Supreme Court Pr...

Analysis of the Constitutional Court's Second Hearing on the Power Dispute: Can the Speaker of the National Assembly File a Petition Independently? Case Overview On February 10, the Constitutional Court held the second hearing on the power dispute between the National Assembly and the Acting President. This case originated from the rejection of the nomination of Constitutional Court Justice candidate Ma Eun-hyuk. The National Assembly argued that the Acting President failed to fulfill the constitutional duty of appointing a justice, thereby infringing upon the National Assembly’s authority. However, the key issue in this hearing was not the Acting President’s rejection of the nomination but whether the Speaker of the National Assembly could file a power dispute petition without a resolution from the plenary session. Both sides engaged in intense legal debates, and the Constitutional Court justices posed in-depth questions regarding the matter. Can the Speaker of the...