Glossary of South Korean Constitutional Terms
Introduction
This glossary provides definitions and explanations of key terms used in South Korean constitutional law and practice. Understanding these terms is essential for navigating the Constitutional Court’s jurisprudence and the broader constitutional framework.
Key Terms
Hun-Ba (헌바)
The case citation prefix for constitutional complaints (헌법소원심판). Derived from “Hun” (constitutional) and “Ba” (complaint). Examples include 2011Hun-Ba379 (conscientious objection decision) and 2016Hun-Na1 (Park Geun-hye impeachment). Hun-Ba cases are the most common type of constitutional adjudication.
Hun-Ga (헌가)
The case citation prefix for constitutional review of statutes (위헌법률심판). “Ga” refers to the request (가) from an ordinary court when it deems a statute unconstitutional and refers the question to the Constitutional Court.
Hun-Na (헌나)
The case citation prefix for impeachment trials (탄핵심판). “Na” indicates an impeachment case. This category includes the Roh Moo-hyun (2004Hun-Na1) and Park Geun-hye (2016Hun-Na1) impeachments.
Hun-Ra (헌라)
The case citation prefix for competence disputes (권한쟁의심판). These cases resolve jurisdictional conflicts between state organs or between central and local governments.
Hun-Da (헌다)
The case citation prefix for political party dissolution cases (정당해산심판). Used in the 2014 dissolution of the Unified Progressive Party (2013Hun-Da1).
Declaration of Unconstitutionality (위헌결정)
A decision that a statute violates the Constitution. The statute loses legal effect from the date of the decision (Article 47(2) of the Constitutional Court Act).
Declaration of Constitutional Inconsistency (헌법불합치결정)
A decision that a statute is inconsistent with the Constitution but remains temporarily effective to allow the legislature to amend it within a specified period. This remedy prevents legal vacuums while compelling legislative action.
Constitutional Complaint (헌법소원심판)
A direct individual petition to the Constitutional Court for protection of fundamental rights infringed by public power (Article 68 of the Constitutional Court Act). The most frequently used constitutional remedy.
Competence Dispute (권한쟁의심판)
A proceeding to resolve conflicts over the scope of authority between state institutions (President, National Assembly, Supreme Court, Constitutional Court, local governments).
Presidential Impeachment (대통령 탄핵)
The process by which the National Assembly (by two-thirds majority) charges the President with serious constitutional or legal violations, with removal determined by the Constitutional Court. Two presidential impeachments have occurred: Roh Moo-hyun (2004, rejected) and Park Geun-hye (2016, upheld).
Proportionality Principle (비례원칙)
The four-part constitutional standard (legitimate aim, suitability, necessity, balancing) used to evaluate whether restrictions on fundamental rights are justified under Article 37(2) of the Constitution.
Basic Democratic Order (자유민주적 기본질서)
The foundational constitutional principle derived from German constitutional law, encompassing democratic governance, human rights, separation of powers, and the rule of law. Used as a standard for evaluating political party dissolution and emergency powers.
Essential Substance (본질적 내용)
The inviolable core of each fundamental right, protected from infringement even under Article 37(2)’s limitation clause. Derived from German Wesensgehaltgarantie.