D-Report: A Counterattack by the Judiciary? Court to Review Whether Constitutional Court's Delays Infringe on Basic Rights

The 50th Criminal Agreement Division of the Seoul Central District Court announced that it has "initiated a review to determine whether the Constitutional Court's inaction has resulted in the infringement of the petitioner's basic rights."

Article 107, Paragraph 2 of the Constitution stipulates that "when the constitutionality or legality of an order, rule, or administrative action is a prerequisite for a trial, the Supreme Court has the authority to make a final decision on it."

Based on this constitutional provision, the court argued that the Constitutional Court's delay in proceedings constitutes an act of inaction. On June 12, the court sent a "Request for Opinion on the Reasons for Constitutional Review Delays" to the Constitutional Court, requesting a response within one month.

This judicial review is related to the case of a man surnamed Jin, the CEO of Tongil TV, who was indicted for violating the Inter-Korean Exchange and Cooperation Act by bringing in North Korean books and the Rodong Sinmun without approval from the Ministry of Unification in 2018.

Jin filed a constitutional complaint with the Constitutional Court regarding the provisions of the Inter-Korean Exchange and Cooperation Act, and the district court suspended the trial until the results of the constitutional complaint were issued.

However, the Constitutional Court has not reached a conclusion on this case for nearly four years.

In response, the court explained, "This is the first request for an opinion stating that the Constitutional Court's inaction can be subject to judicial review by the courts if it infringes on a citizen's right to a speedy trial."

It is reported that the Constitutional Court maintains the position that it is difficult to accept the court's claim that it cannot proceed with the trial due to the delay in deliberations, as the trial can proceed regardless of the outcome of the constitutional complaint.

Tensions between the courts and the Constitutional Court have previously escalated over the implementation of the "judicial complaint" system, which allows constitutional complaints against court rulings. Attention is now focused on whether this case will reignite the conflict between the two institutions.

Reported by Shin Yong-il | Video by Yang Hyun-chul | Video Editing by Kim Byung-jik | Graphics by Park Tae-young
※ Please note: This article was translated by AI and may contain errors.