In February 2026, the Constitutional Court Act of Korea was amended to allow constitutional complaints against court judgments. Prior to this amendment, court judgments were excluded from the scope of Constitutional Court review. The author of this article is the first non-Korean attorney to work for the Constitutional Court of Korea and for the Korean judicial system.
Amendment to Korean Constitutional Court Act
Major Revision to the Korean Constitutional Court Act
Article 68(3) (Added to the Constitutional Court Act of Korea)
The Amendment allows the filing of a petition against a final and conclusive Korean court judgment if the judgment:
- Violates a previous Korean Constitutional Court precedent
- Violates Korean Due Process Rights
- Violates other Basic/Fundamental Rights
The newly amended Korean Constitutional Court Act provides that a final judgment of a Korean court is subject to constitutional review. The review must occur within 30 days of the final court judgment. For additional articles on Korean Constitutional Law, please see: IPG Legal’s Constitutional Law Archive
by Sean Hayes
Sean Hayes has over two decades of practice experience in Korea and across Asia, including complex commercial, criminal, and cross-border disputes. Hayes is also notable for serving as the first non-Korean attorney at the Constitutional Court of Korea, where he worked on constitutional law matters and advised justices, judges, and prosecutors, giving him a rare insider perspective on the Korean legal system that informs his strategic and results-driven approach to litigation and advisory services.
Sean’s profile may be found at: Sean C. Hayes. If you would like a consultation with an attorney, please Schedule a Call.