Judiciary of South Korea

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The judiciary of South Korea (Korean: 대한민국 사법부, 대한민국의 사법기관) is the judicial branch (사법부) of South Korean central government, established by Chapter 5 and 6 of the Constitution of South Korea.^[1]

Under Chapter 5, the constitution defines ordinary courts for all cases, except those involving constitutional review, and military courts as extraordinary courts for military justice matters. And these ordinary courts and military courts shall have Supreme Court of Korea as their highest court. Generally, ordinary courts have a three-level hierarchy. They comprise independent judges, fourteen Supreme Court Justices by statute, and one Chief Justice of Supreme Court among the justices. Military courts are organized only in the first instance of a three-level hierarchy at peacetime, and their final appellate always falls under the jurisdiction of the Supreme Court, even in wartime.

Under Chapter 6 of the constitution, the Constitutional Court of Korea is defined as the highest court on matters of constitutional review, including judicial review, impeachment, and dissolution of unconstitutional political parties, Competence dispute among government agencies and Constitutional complaint. It comprises nine justices by the constitution and one President of Constitutional court among the justices.

These two chapters describe the judiciary of South Korea as divided into two groups by the jurisdiction of matters.^[2] One is the Constitutional Court which is highest court on adjudication of matters mainly on constitutionality. Another is ordinary courts on matters except jurisdiction of Constitutional Court. These ordinary courts have the Supreme Court as their highest court.

Chief Justice of Supreme Court and President of Constitutional court are treated as two equivalent heads of the judiciary branch in South Korea by article 15 of Constitutional Court Act.^[3] Though, since relationship between the Supreme Court and the Constitutional Court is not thoroughly defined anywhere in Constitution of South Korea and other related statutes,^{[citation needed]} these two highest courts of South Korea have been struggling about jurisdiction against each other.^{[citation needed]}