South Korea's Constitutional Court received 16 judicial appeal petitions on the second day of the new system allowing the court to review finalized court rulings.
According to the Constitutional Court on the 13th, 16 judicial appeal cases were filed between midnight and 6 p.m. that day. Of these, eight were submitted electronically, three in person, and five by mail. The previous day saw 20 petitions filed, bringing the two-day total to 36.
The judicial appeal system enables the Constitutional Court to review "court rulings" that were previously excluded from constitutional complaint proceedings. If the court accepts a judicial appeal and overturns a ruling, the verdict loses effect retroactively, and the case returns to the relevant court for retrial. Appeals must be filed within 30 days of a final judgment.
The Constitutional Court expects most appeals to target Supreme Court decisions. While appeals against rulings at all three trial levels are technically possible, petitions filed without exhausting available appeals are likely to be dismissed for violating the "subsidiarity principle."
The court clarified that filing an appeal does not automatically suspend a ruling's effect. Criminal sentences continue to be executed. While injunctions could theoretically provide temporary relief, the court said such outcomes are unlikely.
If the Constitutional Court overturns a ruling but the lower court issues a contradictory decision, another judicial appeal can be filed. Concerns have emerged that cases may shuttle repeatedly between courts, creating legal instability. "If courts repeatedly issue decisions contradicting the Constitutional Court's clear intent, it could constitute a serious constitutional violation," said Ji Seong-su, Deputy Secretary General of the Constitutional Court.
The first petitioner is a Syrian national identified as "B" who resided in Korea for approximately 11 years fleeing civil war before being forcibly deported. B filed an appeal arguing that the Supreme Court's dismissal of a lawsuit seeking to overturn the deportation order violated constitutional rights. The case was assigned number "2026헌마639," with the Supreme Court named as respondent.
Subsequently, a civic group representing fishermen abducted to North Korea along the East Coast and later repatriated filed an appeal seeking to overturn a court ruling that dismissed their state compensation claim for delayed criminal reparations.
Meanwhile, the Constitutional Practice Research Association, a research body under the Constitutional Court, will hold a regular presentation on preliminary screening procedures for judicial appeals at the Jaedong courthouse in Jongno-gu, Seoul, on the afternoon of the 20th.
With the new system expected to increase the court's caseload by more than 10,000 cases annually, justices, researchers, and legal scholars will discuss preliminary screening measures to address anticipated workload and processing delays.