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Jurisdiction
Title Constitutional Court Act
Instrument Number 4017 GLIN ID 116158
Instrument Class
LawFind Additional Information
Issuance Date 05/08/1988
Publication
KwanboFind Additional Information
Publication Issue Number Publication Date 05/08/1988
Publication Specifics  
Related Legal Resources No related legal resources available
Summary
(English)
Law 4017 of August 5, 1988 enacts the Constitutional Court Act. Stipulates the matters necessary for the organization, operation and the adjudication procedures of the Constitutional Court ("CC"). Provides that CC shall have the jurisdiction over the adjudication of unconstitutionality on statutes, impeachment, dissolution of a political party, dispute on a scope of the power concerned, constitutional petition, etc.; provides that CC shall be comprised of 9 judges to be appointed among the persons who have served as judges, public prosecutors or attorneys for 15 years or more and are 40 years or older; provides that the President shall appoint the judges 3 of which shall be appointed of the persons elected by the National Assembly, 3 of which shall be appointed of the persons appointed by the Chief Justice of the Supreme Court, and appoint the Chief Judge among the judges of CC upon the approval of the National Assembly; provides that an unconstitutionality decision shall bind courts, state organizations and local organizations, and that a statute which is decided to be unconstitutional shall not be effective from the unconstitutional decision date but shall not be effective retroactively in case of a criminal provision; and abolishes the Constitutional Commission Act. (76 articles; pp.20-31)
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Summary record last updated on 26/02/2009