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JIPYONG LLC

Practice Area|Constitutional & Administrative Litigation

Constitutional Litigation

Constitutional litigation goes beyond individual redress.  It is the most fundamental legal mechanism for correcting unconstitutional laws and institutions.  Through proceedings such as adjudication on the constitutionality of statutes, adjudication on constitutional complaints, and adjudication on competence disputes, clients can challenge the constitutionality of legislation and obtain direct relief from infringements of fundamental rights by public authorities.  In March 2026, an amendment to the Constitutional Court Act introduced constitutional complaints against court judgments.  Such complaints may be filed on the following grounds: (i) where a court judgment infringes a fundamental right by adjudicating contrary to a Constitutional Court decision; (ii) where a court judgment infringes a fundamental right by failing to observe lawful procedures prescribed by the Constitution or statutes; or (iii) where it is manifest that a court judgment infringes a fundamental right by violating the Constitution or statutes.  A constitutional complaint against a court judgment must be filed within 30 days from the date the judgment becomes final. Where the Constitutional Court upholds the complaint, it directly vacates the judgment and the case is remanded for re-adjudication by the courts.  This powerful remedy is further elevating the role of constitutional litigation as the ultimate safeguard of rights.

Jipyong has built an extensive track record and deep expertise in constitutional litigation.  We have secured landmark decisions of unconstitutionality concerning the lease provision of the Civil Act, the judicial appointment provision of the Court Organization Act, provisions of the Public Official Election Act, and provisions of the Community Credit Cooperatives Act-each of which has led to substantive reform of the relevant laws and institutions.

Jipyong handles the full spectrum of constitutional adjudication, including adjudication on constitutional complaints (which now encompasses complaints against court judgments), requests for adjudication on the constitutionality of statutes, and adjudication on competence disputes.  The laws and statutory provisions we have challenged span the full breadth of fundamental rights, from individual rights such as property rights, freedom of occupation, and equality, to the regulatory frameworks that directly affect business operations.

Jipyong integrates constitutional litigation with administrative, civil, and criminal proceedings to address client matters at their root.  We look beyond the outcome of any single case and design strategies from a long-term perspective, ensuring that decisions of unconstitutionality can drive institutional reform and broader social change.  Our attorneys bring substantial experience before the Constitutional Court, personally handling each matter and providing clear guidance that enables clients to fully understand and make informed decisions on even the most complex constitutional issues.

Key Practice Areas Close

    • Constitutional complaints seeking to quash final court judgments on grounds of constitutional rights violations
    • Constitutional complaints seeking redress for fundamental rights violations caused by governmental action or inaction
    • Motions for adjudication on statutory constitutionality where constitutionality is a prerequisite to trial, and subsequent constitutional complaints
    • Adjudication on competence disputes concerning the existence or scope of powers between state agencies, or between state agencies and local governments
    • Constitutional complaints challenging prosecutorial decisions to suspend or decline indictment
    • Motions for adjudication on the constitutionality of statutes where the constitutionality of a statute is the premise of the trial
    • Constitutional complaints challenging the constitutionality or legality of administrative legislation, including Presidential Decrees, Ministerial Ordinances, and municipal ordinances
    • Constitutional complaints based on legislative omission, where infringement of fundamental rights is caused by the legislature’s failure to enact required legislation or by insufficient legislation
    • Additional remedies against subsequent administrative dispositions or judicial decisions that contravene the binding effect of a Constitutional Court decision
    • Applications for provisional injunctions seeking suspension of execution or effect during constitutional adjudication
    • Retrial proceedings and subsequent litigation following a Constitutional Court decision upholding a constitutional complaint against a court judgment
    • Petitions for retrial and claims for damages based on the retroactive effect of a decision of unconstitutionality

Experience Close

    • Achieved a complete victory representing the 42nd class of the Judicial Research and Training Institute, obtaining a decision of unconstitutionality against the Addenda to the Court Organization Act
    • Achieved a complete victory with a decision of unconstitutionality against the duration of lease provision under the Civil Act
    • Achieved a complete victory with a decision of unconstitutionality against a Public Official Election Act provision prohibiting journalists from engaging in election campaigning
    • Achieved a complete victory with a decision of unconstitutionality against a Public Official Election Act provision prohibiting election-related gatherings and meetings during election periods
    • Achieved a complete victory with a decision of unconstitutionality on the deposit provision for proportional representation National Assembly candidates under the Public Official Election Act (oral hearing before the Constitutional Court)
    • Achieved a complete victory with a decision of partial unconstitutionality regarding the statute of limitations for human rights violation cases under the Framework Act on Settling the Past for Truth and Reconciliation
    • Achieved a complete victory with a decision of nonconformity to the Constitution regarding the lack of separate sentencing provisions under the Community Credit Cooperatives Act
    • Achieved a complete victory with a decision of nonconformity to the Constitution concerning indefinite detention without statutory time limits under the Immigration Act
    • Achieved a complete victory with a decision of unconstitutionality on disciplinary confinement under the Military Personnel Management Act
    • Achieved a complete victory with a decision of unconstitutionality against the State Public Officials Act provision mandating automatic retirement of public officials under adult guardianship (public hearing before the Constitutional Court)
    • Represented the President of Seoul National University and obtained a unanimous dismissal of a constitutional complaint challenging the university’s freshman admissions plan
    • Represented Samsung Display Co., Ltd. and obtained a decision upholding the constitutionality of admissions guidelines approval for Chungnam Samsung Academy
    • Represented the Korean Medical Association and obtained dismissal of a constitutional complaint concerning the use of ultrasound devices
    • Achieved a complete victory invalidating, as unconstitutional, an Enforcement Decree of the Inheritance Tax and Gift Tax Act provision imposing gift tax on shareholders of deficit corporations upon debt forgiveness
    • Represented Samsung Electronics Co., Ltd. in a constitutional complaint filed by Apple seeking revocation of a no-violation decision by the Korea Fair Trade Commission
    • Obtained a decision of unconstitutionality against the Public Official Election Act provision requiring deposits from proportional representation National Assembly candidates (public hearing before the Constitutional Court)
    • Achieved a complete victory on behalf of the Ministry of Culture, Sports and Tourism with a decision upholding the constitutionality of the Framework Act on Korean Language (public hearing before the Constitutional Court)
    • Represented parties in a constitutional challenge to an Enforcement Decree of the Elementary and Secondary Education Act provision changing admission timing for autonomous private high schools (public hearing before the Constitutional Court)
    • Achieved a complete victory on behalf of the Ministry of Education with dismissal of a constitutional complaint concerning the introduction of the EduFine accounting system for private kindergartens
    • Represented Samsung Electronics Co., Ltd. in a constitutional complaint filed by Apple Inc. seeking to overturn the Korea Fair Trade Commission’s dismissal of allegations against Samsung Electronics
    • Obtained the Constitutional Court’s annulment of a prosecutorial suspension-of-indictment decision on theft charges where the alleged offense had not been established