D-Report: A Counterattack from the Judiciary? Court to Review Whether Constitutional Court's Delays Infringe on Basic Rights

The 50th Criminal Agreement Division of the Seoul Central District Court announced that it has "initiated a review to determine whether the Constitutional Court's inaction has resulted in the infringement of the petitioner's basic rights."

Article 107, Paragraph 2 of the Constitution stipulates that "when the constitutionality or legality of an order, rule, or administrative action is a prerequisite for a trial, the Supreme Court has the authority to make a final review."

Based on this constitutional provision, the court argued that the Constitutional Court's delay in proceedings constitutes an act of inaction. On June 12, the court sent a "Request for Opinion on the Reasons for Constitutional Review Delays" to the Constitutional Court, requesting a response within one month.

This judicial review is related to the case of Jin, the CEO of Unification TV, who was indicted for violating the Inter-Korean Exchange and Cooperation Act by importing North Korean books and the Rodong Sinmun without approval from the Ministry of Unification in 2018.

Jin filed a constitutional complaint with the Constitutional Court regarding the provisions of the Inter-Korean Exchange and Cooperation Act, and the district court suspended the trial pending the outcome of that complaint.

However, the Constitutional Court has failed to reach a conclusion on the matter for nearly four years.

In response, the district court explained, "This is the first request for an opinion stating that if the Constitutional Court's inaction infringes on a citizen's right to a speedy trial, it may become a subject of judicial review by the courts."

It is reported that the Constitutional Court's position is that it is difficult to accept the district court's argument that it cannot proceed with the trial due to the delay, as the trial can technically continue regardless of the outcome of the constitutional complaint.

Tensions between the judiciary and the Constitutional Court have previously escalated due to the implementation of the "judicial complaint" system, which allows for constitutional complaints against court rulings. Attention is now focused on whether this incident will reignite the conflict between the two institutions.

Reported by Shin Yong-il | Video by Yang Hyun-chul | Video Editing by Kim Byung-jik | Graphics by Park Tae-young
※ Please note: This article was translated by AI and may contain errors.