Date of publication:

07/07/2025

Republic of Korea (the)

Please describe the judicial system in the state.

ANALYSIS

1. Courts 

According to Articles 101(1) and 101(2) of Chapter 5 of the Constitution, judicial power belongs to courts composed of judges, and the courts are organized into the Supreme Court and lower courts. Article 102, Paragraph 3 of the Constitution delegates the authority to establish the organization of the Supreme Court and other courts to legislation. The current judicial system of the Republic of Korea follows a three-tier system based on Part 3 of the Court Organization Act.  

The Supreme Court, as the highest court in the Republic of Korea due to Article 11 of the Court Organization Act and is responsible for all final judgments (appeals) and is established under Article 102(2) of the Constitution. It is composed of the "Chief Justice" and "Justices." According to Article 104(1) of the Constitution, the Chief Justice is appointed by the President with the consent of the National Assembly, while Justices are appointed by the President with the consent of the National Assembly, based on the recommendation of the Chief Justice. Furthermore, the Supreme Court has a Court Administration Office (National Court Administration, NCA) that holds authority over the judicial administration of all courts, including the Supreme Court, and is responsible for the budgeting and personnel management of the courts and individual judges (Article 19 of the Court Organization Act). 

The lower courts of the Republic of Korea include the district courts, which handle first-instance cases; the high courts, which handle appeals; and other specialized courts such as administrative courts, patent courts, family courts, and bankruptcy courts, as outlined in Article 102(3) of the Constitution and Part 3 of the Court Organization Act.  

Military courts in the Republic of Korea, under Article 110(1) of Chapter 5 of the Constitution and the Military Court Act, are special courts that have jurisdiction over military law and related military trials. 

2. Constitutional Court 

Chapter 6 of the Constitution of the Republic of Korea, titled "Constitutional Court," establishes the Constitutional Court as the highest court with jurisdiction over constitutional matters, including judicial review of laws, political party dissolution, impeachment trials, jurisdictional disputes, and constitutional complaints. The Constitutional Court operates under a one-instance system. According to Article 3 of the Constitutional Court Act, the Constitutional Court is composed of nine justices. Furthermore, Article 22 of the same Act stipulates that, unless otherwise specified by special provisions, the adjudication of the Constitutional Court shall be conducted by a full bench consisting of all justices. 

While the Constitutional Court does not belong to the ordinary courts, it serves as the highest judicial body in interpreting and applying the Constitution, forming one part of the dual structure along with the Supreme Court, which is the highest judicial body in the ordinary courts. 

    LAW & POLICY

    Related provisions of domestic law or policy

    Constitution of the Republic of Korea

    Legal provision

    Article 104 - Judicial Appointments and Procedures

    (1) The Chief Justice of the Supreme Court shall be appointed by the President with the consent of the National Assembly. (2) The Supreme Court Justices shall be appointed by the President on the recommendation of the Chief Justice and with the consent of the National Assembly. (3) Judges other than the Chief Justice and the Supreme Court Justices shall be appointed by the Chief Justice with the consent of the Conference of Supreme Court Justices.

    Article 110 - Military Courts and Jurisdiction

    (1) Courts-martial may be established as special courts to exercise jurisdiction over military trials. (2) The Supreme Court shall have the final appellate jurisdiction over courts-martial. (3) The organization and authority of courts-martial, and the qualifications of their judges shall be determined by Act. (4) Military trials under an extraordinary martial law may not be appealed in case of crimes of soldiers and employees of the military; military espionage; and crimes as defined by Act in regard to sentinels, sentry posts, supply of harmful foods and beverages, and prisoners of war, except in the case of a death sentence.

    Article 101 - Judicial Power

    (1) Judicial power shall be vested in courts composed of judges. (2) The courts shall be composed of the Supreme Court, which is the highest court of the State, and other courts at specified levels. (3) Qualifications for judges shall be determined by Act.

    Article 102 - Structure and Composition of the Judiciary

    (1) Departments may be established in the Supreme Court. (2) There shall be Supreme Court Justices at the Supreme Court: Provided, That judges other than Supreme Court Justices may be assigned to the Supreme Court under the conditions as prescribed by Act. (3) The organization of the Supreme Court and lower courts shall be determined by Act.

    Court Organization Act

    Legal provision

    Article 37 - Chief Judges of Family Courts

    (1) A chief judge shall be appointed for each family court. (2) The chief judge of a family court shall be appointed from among judges. (3) The chief judge of a family court shall be in charge of judicial administrative affairs of the family court and its branch courts and shall direct and supervise public officials under his or her control: Provided, That if only one branch court is established under the proviso of Article 3 (2), the chief judge of the family court shall direct and supervise affairs concerning family cases, juvenile protection, and registration of family relationship of such branch court. (4) Article 26 (5) and (6), and Article 29 (4) shall apply mutatis mutandis to a family court. [This Article Wholly Amended on Dec. 30, 2014]

    Article 39 - Branch Courts

    (1) A chief judge shall be appointed for the branch court of a family court. (2) The chief judge of a branch court shall be in charge of the judicial administrative affairs of the branch court under the direction of the chief judge of the family court to which he or she belongs, and shall direct and supervise the public officials under his or her control. (3) Article 27 (3), Article 30 (2), and Article 31 (2) and (5) shall apply mutatis mutandis to the branch court of a family court. [This Article Wholly Amended on Dec. 30, 2014]

    Article 11 - Highest Court

    The Supreme Court shall be the highest court.

    Article 29 - Chief Judges of District Courts

    (1) A chief judge shall be appointed for each district court. (2) The chief judge of a district court shall be appointed from among judges. (3) The chief judge of a district court shall be in charge of judicial administrative affairs of the court, its branch court, Si/Gun court, and registry, and shall direct and supervise public officials under his or her control. (4) When the office of a chief judge of a district court becomes vacant, or he or she is unable to perform his or her duties by any inevitable reason, his or her competence shall be exercised by the chief presiding judge or senior presiding judge in the order of priority. (5) Article 26 (2) and (6) shall apply mutatis mutandis to a district court. [This Article Wholly Amended on Dec. 30, 2014]

    Constitutional Court Act

    Legal provision

    Article 3 - Composition

    The Constitutional Court shall consist of nine Justices.

    Article 22 - Full Bench

    (1) Except as otherwise provided in this Act, the adjudication of the Constitutional Court shall be assigned to the Full Bench composed of all the Justices. (2) The presiding Justice of the Full Bench shall be the President of the Constitutional Court. [This Article Wholly Amended on Apr. 5, 2011]

    Article 2 - Jurisdiction

    The Constitutional Court shall have jurisdiction over the following matters: 1. Constitutionality of statutes upon the request of the ordinary courts; 2. Impeachment; 3. Dissolution of a political party; 4. Competence dispute between State agencies, between a State agency and a local government, or between local governments; and 5. Constitutional complaints. [This Article Wholly Amended on Apr. 5, 2011]