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25 Laws Remain Unamended Despite Constitutional Court Rulings of Unconstitutionality

Jang Hun-gyeong

Published : Jul 6, 2026 3:39 PM


▲ Constitutional Court of Korea

It has been found that 25 laws remain unamended by the National Assembly despite rulings of unconstitutionality or nonconformity to the Constitution by the Constitutional Court of Korea.

The Constitutional Court announced on July 6 that since its establishment in 1988, 598 out of 623 laws (96%) that were ruled unconstitutional or nonconforming to the Constitution have been amended as of last month.

However, 25 cases (13 rulings of unconstitutionality and 12 rulings of nonconformity to the Constitution) remain unamended, including the criminal law provision on abortion, which restricts a pregnant woman's right to self-determination, and the Assembly and Demonstration Act, which imposes a blanket ban on outdoor assemblies after sunset.

The criminal law provision punishing abortion was ruled nonconforming to the Constitution by the Constitutional Court in 2019, with a legislative deadline set for December 31, 2020. However, a legislative vacuum has persisted for 2,013 days (5 years and 5 months).

Regarding the regulation restricting outdoor night assemblies, the Constitutional Court ruled in 2009 that the provision was too broad and ordered it to be amended by June 30 of the following year. Yet, the absence of substitute legislation has continued for 5,850 days (16 years).

A provision of the Pharmaceutical Affairs Act, which was ruled nonconforming to the Constitution in 2002 without a specified deadline for amendment (regarding restrictions on the establishment of corporate pharmacies), has remained unamended for 24 years.