Thursday, March 26, 2026

Kim Sang-hwan, Constitutional Court Chief Nominee: "Judicial Review Requires Careful Consideration of Pros and Cons"

Input
2025-07-21 16:08:09
Updated
2025-07-21 16:08:09
"Negative aspects of operating as a four-tier system should also be considered"
Regarding the increase in Supreme Court justices, "Expansion of the first-instance courts in both quantity and quality is necessary"
Kim Sang-hwan, nominee for Chief Justice of the Constitutional Court, is answering questions from lawmakers at the special personnel hearing committee on the appointment consent for the Chief Justice of the Constitutional Court, who also serves as a judge candidate for the Constitutional Court, held at the National Assembly in Yeouido, Seoul, on the 21st. /Photo=News1

[Financial News] Kim Sang-hwan, nominee for Chief Justice of the Constitutional Court, said regarding the introduction of 'Judicial Review' promoted by the Democratic Party of Korea, "It is necessary to carefully consider the pros and cons."
Candidate Kim stated at the personnel hearing held at the National Assembly on the 21st, regarding inquiries related to judicial review, "It is an issue with a 37-year history in the legal field, and I believe that the problem that needs to be solved is finally being discussed," he said.
The judicial review is a system that allows constitutional complaints to be filed against court rulings. Article 68, Paragraph 1 of the Constitutional Court Act stipulates that 'a person whose basic rights guaranteed by the Constitution are infringed may request a constitutional complaint to the Constitutional Court, excluding court judgments,' and an amendment to delete the 'excluding court judgments' part is underway.
Regarding concerns that the judicial review could operate as a four-tier system, Candidate Kim said, "Ultimately, it is an issue that the people and the National Assembly must evaluate," but also stated, "The negative aspects of operating as a four-tier system should be considered along with the advantages in making a decision."
Regarding the increase in Supreme Court justices being pursued as part of President Lee Jae-myung's judicial reform, Candidate Kim expressed the opinion that improving the first-instance courts should be prioritized.
Candidate Kim said, "It is necessary to fundamentally expand the quantity and quality of the first-instance courts, which the public first encounters, and the hierarchical structure should be designed in this pyramid structure," adding, "Shouldn't the number of Supreme Court justices also come out through such discussions?"
Meanwhile, Candidate Kim avoided giving a direct answer regarding the Supreme Court's en banc decision to remand President Lee's Public Official Election Act case, saying, "Since I was not involved in the deliberation, it is not appropriate to make a specific evaluation."

jisseo@fnnews.com Seo Min-ji Reporter