View source for Supreme Court of Korea

{{Short description|Highest ordinary court of South Korea}}
{{About|South Korea's supreme ordinary court|South Korea's constitutional court|Constitutional Court of Korea|North Korea's supreme court|Central Court (North Korea)}}
{{Infobox high court
| court_name = Supreme Court of Korea
| native_name = 대한민국 대법원
| image = Symbol of the Supreme Court of Korea.svg
| imagesize = 150px
| caption = Symbol of the Supreme Court of Korea
| image2 = Supreme Court of Korea (2020).jpg
| imagesize2 = 250px
| caption2 = Supreme Court of Korea in Seocho-gu, Seoul
| established = {{start date and age|df=y|1948}}
| location = [[Seocho District|Seocho]], [[Seoul]]
| type = Appointed by [[President of South Korea|President]] with consent of [[National Assembly (South Korea)|National Assembly]]<br />{{small|(for associate Justices, nomination of [[Chief Justice of the Supreme Court of Korea|Chief Justice]] is additionally required)}}
| terms = Six years, renewable<br />{{small|(mandatory retirement at the age of 70)}}
| authority = [[Constitution of South Korea]] Chapter V
| positions = 30 (by statute)
| website = {{URL|https://scourt.go.kr}}
| chiefjudgetitle = [[Chief Justice of the Supreme Court of Korea|Chief Justice]]
| chiefjudgename = [[Jo Hee-de]]
| termstart = {{start date|df=yes|2023|12|8}}
}}
{{Infobox Korean name/auto
|image= Emblem of Korean Courts.svg
|image_size=150px
|caption= Emblem of ordinary Courts of Korea
|hangul=^대법원
|hanja=大法院
}}
{{Politics of South Korea}}

The '''Supreme Court of Korea''' ({{korean|대법원|大法院}}) is the [[highest court|highest ordinary court]] in the [[Judiciary of South Korea|judicial branch]] of South Korea, seated in [[Seocho District|Seocho]], [[Seoul]]. Established under Chapter 5 of the [[Constitution of South Korea]], the court has ultimate and comprehensive jurisdiction over all cases except those falling under the [[Constitutional Court of Korea#Jurisdiction|jurisdiction]] of the [[Constitutional Court of Korea]]. It consists of 14 justices, including the [[Chief Justice of the Supreme Court of Korea|chief justice of the Supreme Court of Korea]]. In 2025, President [[Lee Jae-myung]] added 16 more seats to the court. The Supreme Court sits atop all ordinary courts in South Korea and has traditionally represented the conventional judiciary of South Korea. The Supreme Court of Korea is one of the two [[Apex court|apex courts]] in South Korea, the other being the [[Constitutional Court of Korea]].

== History ==
The original constitution during the [[First Republic of Korea|First Republic]] established 'Supreme Court' and 'Constitutional Committee' ({{langx|ko|헌법위원회|label=none}}) in Chapter 5. The Supreme Court was established as the highest ordinary court but lacked the power of [[constitutional review]], which was conferred upon the Constitutional Committee, a sort of [[constitutional court]]. This distribution of judicial power inside the judiciary was never fully realized under [[President of South Korea|President]] [[Syngman Rhee]], whose [[dictatorship]] hampered the committee's function and eventually left it unable to re-constitute itself.<ref>{{cite web | url= https://english.ccourt.go.kr/site/eng/01/10103010000002020081101.jsp | title= History of Constitutional Adjudication | publisher=[[Constitutional Court of Korea]] | access-date= 2022-04-08}}</ref> Though the Supreme Court had no power of judicial review, it enjoyed [[judicial independence]] under the first [[Chief Justice of the Supreme Court of Korea|chief justice of the Supreme Court]], Kim Byung-ro ({{langx|ko|김병로|label=none}}), from 1948 to 1957. Known for his participation in the [[Korean independence movement]] during the [[Korea under Japanese rule|Japanese colonial rule]], Chief Justice Kim Byung-ro defended the independence of the judiciary from Syngman Rhee.<ref>{{cite web | url= https://www.donga.com/en/article/all/20181207/1568772/1 | title= Moderate, thoughtful Kim Byeong-ro | publisher=[[The Dong-A Ilbo]] | access-date= 2022-04-08}}</ref>

However, after Kim Byung-ro's retirement in 1957, the Supreme Court fell to autocratic influence. By sentencing Rhee's political contender [[Cho Bong-am]] to death in 1959, and the defendants of [[People's Revolutionary Party Incident]] to death in 1975, the Supreme Court gained notoriety for ''[[judicial murder]]'' ({{langx|ko|사법살인|label=none}}) and obediently sentencing capital punishments over spy scandals fabricated by dictators.<ref>{{cite journal | url= https://digitalcommons.law.uw.edu/wilj/vol27/iss1/8/ | title= Yong C. Park, Advance Toward "People's Court" in South Korea, 27 Wash. Int'l L.J. 177 (2017). pp. 181-184. | journal= Washington International Law Journal | date= December 2017 | volume= 27 | issue= 1 | page= 177 | access-date= 2022-04-08 | last1= Park | first1= Yong }}</ref> After the [[April Revolution]], the [[Constitutional Court of Korea|Constitutional Court]] was established to replace the Constitutional Committee, but the Supreme Court remained largely unaffected by the changes. After [[Park Chung Hee]]'s [[May 16 coup|1961 coup]], the [[Second Republic of Korea|Second Republic]] was dissolved and, after a nominal transition to civilian rule from a [[Supreme Council for National Reconstruction|military junta]], the [[Third Republic of Korea|Third Republic]] was established in 1962. The Constitutional Court, itself never formed because of the coup, was abolished, and the power of judicial review was transferred to the Supreme Court. Nevertheless, the Supreme Court maintained deference toward the dictator. In 1971, the Supreme Court resisted the oppressive rule of President Park Chung Hee and declared Article 2 of the National Compensation Act ({{langx|ko|국가배상법|label=none}}) unconstitutional, a statute that limited state liability for injured soldiers during service. President Park retaliated by refusing reappointment of Supreme Court justices, which had been a formality. The [[Fourth Republic of Korea|Fourth]] and [[Fifth Republic of Korea|Fifth Republic]]s would grant a new, differently formed Constitutional Committee with the power of constitutional review but on the condition that an ordinary court first formally submit a request before the committee could hear a case. This extra procedural hurdle was meant to nullify the committee, since the Supreme Court would never authorize such requests for fear of reprisal, while allowing the [[Park Chung Hee]] regime to maintain the pretense that it granted the committee full constitutional-review power. It effectively allowed the dictatorial regime to act with impunity.<ref>{{cite web | url= https://www.jstor.org/stable/26425431 | title= KIM, MARIE SEONG-HAK. "Travails of Judges: Courts and Constitutional Authoritarianism in South Korea." ''The American Journal of Comparative Law'', vol. 63, no. 3, 2015, pp. 612-614, 641. | jstor= 26425431 | access-date= 2022-04-08}}</ref> Following [[June Struggle|1987 democratization]], the Constitutional Court was restored in the [[Sixth Republic of Korea|Sixth Republic]], with the power of constitutional review. To prevent the president from undermining the judiciary again, the 1987 constitutional amendment, which established the Sixth Republic, allows citizens to file a [[constitutional complaint]] directly with the Constitutional Court, even if courts refuse to do so.<ref>{{cite web | url= https://s-space.snu.ac.kr/handle/10371/85038 | title= Yoon, Dae-Kyu. "The Constitutional Court System of Korea: The New Road for Constitutional Adjudication" Journal of Korean Law, vol. 1, no. 2, 2011, pp. 7-8. | access-date= 2022-04-05}}</ref>

In 2015, the [[OECD|Organisation for Economic Co-operation and Development]] ranked the South Korean ordinary judiciary to be one of the most efficient in terms of trial length and trial costs.<ref>{{cite web | url= https://www.oecd.org/economy/growth/judicial-performance.htm | title= Judicial performance and its determinants: a cross-country perspective | publisher= OECD | access-date= 2022-04-08}}</ref>

== Composition ==

=== Justices ===
The composition and appointment of Supreme Court justices ({{langx|ko|대법관|label=none}}) are governed by a combination of constitutional provisions and statutory regulations. While the current Constitution of South Korea does not specify the precise number of Supreme Court justices, this matter is addressed by the Court Organization Act, a statute that outlines the structure of ordinary courts in the country.<ref>{{Cite web|url=https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1 | title=Constitution of the Republic of Korea | publisher= Korea Legislation Research Institute | access-date= 2022-04-08}}</ref><ref>{{cite web | url= https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=55374 | title= Court Organization Act | publisher= Korea Legislation Research Institute | access-date= 2022-04-10}}</ref>

As of 2022, Article 4 Clause 2 of the Court Organization Act establishes that the number of Supreme Court justices is set at 14. Notably, all Supreme Court justices are appointed by the president of South Korea, subject to the approval of the National Assembly, as stated in Article 104 Clause 2 of the constitution. Additionally, Article 104 Clause 2 grants the chief justice of the Supreme Court authority to recommend candidates for appointment to the position of Supreme Court justice.

To be eligible for appointment as a Supreme Court justice, individuals must meet certain criteria outlined in Article 42 Clause 1 of the Court Organization Act. First, they must be at least 45 years old. Second, they must qualify as an [[attorney at law]]. Lastly, candidates must have accumulated over 20 years of experience in legal practice or academia.

These provisions ensure that the Supreme Court is composed of individuals with substantial expertise and experience in the field of law. The appointment process, involving the president and the National Assembly, as well as the chief justice's role in recommending candidates, aims to uphold the independence and integrity of the Supreme Court while maintaining the necessary checks and balances within the judicial system.

==== Council of Supreme Court Justices ====
According to Article 104 Clause 2 of the constitution, the appointment of lower ordinary court judges ({{langx|ko|판사|label=none}}), by the chief justice of the Supreme Court requires the consent of the 'Council of Supreme Court Justices' ({{langx|ko|대법관회의|label=none}}). This council consists of all Supreme Court justices, including the chief justice. The decision-making process of the council is governed by Article 16 Clause 1, Clause 2, and Clause 3 of the Court Organization Act.

To reach a decision, a simple majority vote among a quorum of two-thirds of all Supreme Court justices is required. In the event of a tie, the chief justice, serving as the permanent presiding chair of the council, has the authority to cast a tie-breaking vote. Article 17 of the Court Organization Act further empowers the council with additional supervisory functions concerning the chief justice's power of court administration.

These functions include the promulgation of interior procedural rules, the selection of judicial precedents for publication, and fiscal planning for all ordinary courts, including the Supreme Court itself. In essence, the Council of Supreme Court Justices serves as a mechanism for collective decision-making and oversight within the Supreme Court, ensuring the fair and effective administration of justice while upholding the principles of transparency and accountability.

=== Chief Justice of the Supreme Court ===
{{main article|Chief Justice of the Supreme Court of Korea}}
According to Article 104 Clause 1 of the constitution, the chief justice of the Supreme Court is appointed by the president of South Korea, subject to the approval of the National Assembly. The requirements for experience and age for the chief justice are the same as those stipulated for associate Supreme Court justices under Article 42 Clause 1 of the Court Organization Act.

The role of the chief justice extends beyond serving as the presiding member of ''[[en banc]]'' hearings (or Grand Bench, {{langx|ko|전원합의체|label=none}}), which are composed of more than two-thirds of all 14 justices. In addition to this crucial responsibility, the chief justice has other significant functions.

Under Article 111 Clause 3 of the constitution, the chief justice nominates candidates for three out of the nine Constitutional Court justices. Furthermore, the chief justice serves as the chairperson of the Council of Supreme Court Justices.

Moreover, the chief justice appoints one of the associate Supreme Court justices to the position of Minister of National Court Administration ({{langx|ko|법원행정처|label=none}}). This appointment involves selecting a justice to fulfill the administrative duties associated with managing the national court system. Additionally, with the consent of the Council of Supreme Court Justices, the chief justice appoints all lower court judges in ordinary courts.

=== Tenure ===
Article 105 Clause 1, Clause 2, and Clause 4 of the constitution, along with Article 45 Clause 4 of the Court Organization Act, outline the term of associate justices of the Supreme Court. Their term is initially set at six years and can be renewed until the mandatory retirement age of 70. However, in the current Sixth Republic, no justices have attempted to renew their term through reappointment.<ref>{{cite web | url= https://eng.scourt.go.kr/eng/supreme/justices.jsp | title= Former Justices | publisher= Supreme Court of Korea | access-date= 2022-04-08}}</ref> This is due to the potential risk to the judicial independence of the court that may arise from such renewal attempts.

During their term, as stated in Article 106 Clause 2 of the constitution, justices cannot be removed from office except through impeachment or a sentence of imprisonment. Furthermore, engaging in any political party affiliations or activities is strictly prohibited under Article 43(1) and 49 of the Court Organization Act.

A significant aspect of Supreme Court justices is that they can be compelled to retire against their will while serving their term if they are deemed to have severe mental or physical impairment. This retirement order ({{langx|ko|심신장해로 인한 퇴직명령|label=none}}) is explicitly stipulated in Article 106 Clause 2 of the constitution and Article 47 of the Court Organization Act. Similarly, the chief justice of the Supreme Court has the authority to order the retirement of lower ordinary court judges if they are found to have impairments. This retirement order system represents a significant distinction between Supreme Court justices and Constitutional Court justices. The latter cannot be ordered to retire due to impairment, as there is no statutory provision establishing such a system in the Constitutional Court Act.<ref>{{cite web | url= https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=55845 | title= Constitutional Court Act | publisher= Korea Legislation Research Institute | access-date= 2022-04-05}}</ref>

===Current justices===
{| class="wikitable sortable" style="font-size:85%; text-align:center"
|-
!Name
! Born
! Appointed by
! Recommended by
! Education
! First day / Length of service
|-
| [[Jo Hee-de]] ([[Chief Justice of the Supreme Court of Korea|Chief Justice]])
| {{dts|1957|6|6}} (age {{age nts|1957|6|6}}) in [[Gyeongju]]
| [[Yoon Suk Yeol]]
| Nominated by the [[President of South Korea|President of the Republic of Korea]] subject to the [[National Assembly (South Korea)|National Assembly]]'s approval
| [[Seoul National University]]
| {{dts|2023|12|8}} / {{age in years and months|2023|12|8}}
|-
| '''{{Sortname||Rho Tae-ak}}'''
| {{dts|1962|11|20}} (age {{age nts|1962|11|20}}) in [[Changnyeong County|Changnyeong]]
| {{Sortname||Moon Jae-in}}
| {{Sortname||Kim Myeong-soo}}
| [[Hanyang University]]
| {{dts|2020|3|4}} / {{age in years and months|2020|3|4}}
|-
| '''{{Sortname||Lee Heunggu}}'''
| {{dts|1963|5|30}} (age {{age nts|1963|5|30}}) in [[Tongyeong]]
| {{Sortname||Moon Jae-in}}
| {{Sortname||Kim Myeong-soo}}
| [[Seoul National University]]
| {{dts|2020|9|8}} / {{age in years and months|2020|9|8}}
|-
| '''{{Sortname||Chun Daeyup}}'''
|{{dts|1964|2|6}} (age {{age nts|1964|2|6}}) in [[Busan]]
| {{Sortname||Moon Jae-in}}
| {{Sortname||Kim Myeong-soo}}
| [[Seoul National University]]
| {{dts|2021|5|8}} / {{age in years and months|2021|5|8}}
|-
| '''{{Sortname||Oh Kyeong-mi}}'''
|{{dts|1968|12|16}} (age {{age nts|1968|12|16}}) in [[Iksan]]
| {{Sortname||Moon Jae-in}}
| {{Sortname||Kim Myeong-soo}}
| [[Seoul National University]]
| {{dts|2021|9|17}} / {{age in years and months|2021|9|17}}
|-
| '''{{Sortname||Oh Suk Joon}}'''
|{{dts|1962|10|29}} (age {{age nts|1962|10|29}}) in [[Paju]]
| {{Sortname||Yoon Suk Yeol}}
| {{Sortname||Kim Myeong-soo}}
| [[Seoul National University]]
| {{dts|2022|11|25}} / {{age in years and months|2022|11|25}}
|-
| '''{{Sortname||Suh Kyeong-hwan}}'''
|{{dts|1966|2|22}} (age {{age nts|1966|2|22}}) in [[Seoul]]
| {{Sortname||Yoon Suk Yeol}}
| {{Sortname||Kim Myeong-soo}}
| [[Seoul National University]]
| {{dts|2023|7|19}} / {{age in years and months|2023|7|19}}
|-
| '''{{Sortname||Kwon Young Joon}}'''
|{{dts|1970|10|14}} (age {{age nts|1970|10|14}}) in [[Seoul]]
| {{Sortname||Yoon Suk Yeol}}
| {{Sortname||Kim Myeong-soo}}
| [[Seoul National University]]
| {{dts|2023|7|19}} / {{age in years and months|2023|7|19}}
|-
| '''{{Sortname||Eom Sang Phil}}'''
|{{dts|1968|12|1}} (age {{age nts|1968|12|1}}) in [[Jinju]]
| {{Sortname||Yoon Suk Yeol}}
| {{Sortname||Jo Hee-de}}
| [[Seoul National University]]
| {{dts|2024|2|29}} / {{age in years and months|2024|2|29}}
|-
| '''{{Sortname||Shin Sukheui}}'''
|{{dts|1969|3|4}} (age {{age nts|1969|3|4}}) in [[Seoul]]
| {{Sortname||Yoon Suk Yeol}}
| {{Sortname||Jo Hee-de}}
| [[Seoul National University]]
| {{dts|2024|2|29}} / {{age in years and months|2024|2|29}}
|-
| '''{{Sortname||Noh Gyeongpil}}'''
|{{dts|1964|10|1}} (age {{age nts|1964|10|1}}) in [[Haenam]]
| {{Sortname||Yoon Suk Yeol}}
| {{Sortname||Jo Hee-de}}
| [[Seoul National University]]
| {{dts|2024|8|2}} / {{age in years and months|2024|8|2}}
|-
| '''{{Sortname||Park Young Jae}}'''
|{{dts|1969|2|5}} (age {{age nts|1969|2|5}}) in [[Busan]]
| {{Sortname||Yoon Suk Yeol}}
| {{Sortname||Jo Hee-de}}
| [[Seoul National University]]
| {{dts|2024|8|2}} / {{age in years and months|2024|8|2}}
|-
| '''{{Sortname||Lee Sook Yeon}}'''
|{{dts|1968|8|14}} (age {{age nts|1968|8|14}}) in [[Incheon]]
| {{Sortname||Yoon Suk Yeol}}
| {{Sortname||Jo Hee-de}}
| [[Korea University]]
| {{dts|2024|8|6}} / {{age in years and months|2024|8|6}}
|-
| '''{{Sortname||Ma Yongjoo}}'''
|{{dts|1969|7|1}} (age {{age nts|1969|2|5}}) in [[Hapcheon]]
| {{Sortname||Han Duck-soo}}
| {{Sortname||Jo Hee-de}}
| [[Seoul National University]]
| {{dts|2025|4|9}} / {{age in years and months|2025|4|9}}
|}

== Organization ==

=== Research judges ===
The research division of the Supreme Court ({{langx|ko|재판연구관|label=none}}) comprises officials who provide support to the Supreme Court justices. These officials, referred to as research judges (formerly known as judicial researchers or research judges), are governed by Article 24 Clause 3 of the Court Organization Act.{{Citation needed|date=April 2024}}

There are two categories of research judges. The first category consists of lower ordinary court judges who are seconded to the Supreme Court by order of the chief justice. The second category, known as judicial researchers, comprises experts who are not lower ordinary court judges. Judicial researchers are appointed for a maximum term of three years, while research judges are typically seconded to work in the Supreme Court for one to two years.{{Citation needed|date=April 2024}}

This system of research judges and judicial researchers is influenced by the German concept of "Wissenschaftlichen Mitarbeiter" (Research Associates). In Germany, Research associates are lower court judges who are seconded to federal courts for up to five years, serving as judicial assistants to judges in the highest courts.{{Citation needed|date=April 2024}}

Although the working terms for these research staff members are relatively short, they play a crucial role as core staff members in managing the entire judicial process of the court. This is particularly important considering the high volume of cases appealed to the court. As of April 2022, there are approximately 100 research judges and around 30 judicial researchers contributing to the operations of the Supreme Court.<ref>{{cite web | url= https://www.law.go.kr/법령/판사가아닌재판연구관에관한규칙 | script-title=ko:판사가 아닌 재판연구관에 관한 규칙 | publisher= www.law.go.kr | access-date= 2022-04-10 | language=ko}}</ref><ref>{{cite web |script-title=ko:각급 법원에 배치할 판사의 수에 관한 규칙 |url=https://www.law.go.kr/법령/각급법원에배치할판사의수에관한규칙 |access-date=2022-04-10 |publisher=www.law.go.kr |language=ko}}</ref>

=== National Court Administration ===
The 'National Court Administration' (NCA, {{langx|ko|법원행정처|label=none}}), was established as an administrative body of the Supreme Court in accordance with Article 67 of the Court Organization Act. The NCA is responsible for overseeing and managing all administrative matters pertaining to the ordinary courts in South Korea, including the Supreme Court itself.

The head of the NCA, referred to as the 'Minister of NCA' ({{langx|ko|법원행정처장|label=none}}), is exclusively appointed by the chief justice of the Supreme Court from among the associate Supreme Court justices. Similar to other Supreme Court justices, the minister is regarded as holding the same level of authority as other ministers included in the [[State Council of South Korea|State Council]] in the executive branch of the South Korean government.

Additionally, the chief justice typically appoints the vice minister of NCA, usually selecting a senior lower court judge for the position. The vice minister of NCA is treated at the same level as other vice ministers within the government structure.

The NCA operates under the guidance and direction of the chief justice and implements decisions made by the Council of Supreme Court justices. Its primary responsibilities include assisting the chief justice in matters related to human resources for lower ordinary court judges, planning fiscal budgets and managing expenditure issues for all ordinary courts, and conducting internal inspections to ensure anti-corruption and ethical standards are upheld.<ref>{{cite web | url= https://eng.scourt.go.kr/eng/supreme/about/organizational.jsp | title= National Court Administration, Organizational Chart | publisher= Supreme Court of Korea | access-date= 2022-04-10}}</ref>

=== Judicial Research and Training Institute ===
{{for|the Japanese institute|Legal Research and Training Institute}}
{{further|Law schools in South Korea}}
The 'Judicial Research and Training Institute' (JRTI, {{langx|ko|사법연수원|label=none}}), is an institution primarily responsible for training and re-educating lower ordinary court Judges, as outlined in Article 72 of the Court Organization Act. However, its role has evolved over time.

Originally, the JRTI served as a nationwide two-year law school supported by the South Korean government. This was prior to South Korea adopting the American-style three-year law school system in 2008 ({{langx|ko|법학전문대학원|label=none}}). Before the adoption of the American law school system, the JRTI played a vital role in training legal professionals in South Korea. Another pathway for legal professionals was recruitment by the [[South Korean Armed Forces]] as 'judge advocates' ({{langx|ko|군법무관|label=none}}) within the military justice system.

The JRTI was initially modeled after the '[[Legal Research and Training Institute]]' ({{langx|ja|司法研修所}}) in Japan, which trained judges, prosecutors, and attorneys-at-law simultaneously. In South Korea, candidates for the JRTI were selected through a nationwide jurisprudence examination ({{langx|ko|사법시험}}). These trainees underwent a two-year training program at the JRTI, where they received education and competed with one another. The career options available to them after graduation were influenced by their performance and records at the JRTI. Graduates with outstanding records typically pursued careers as judges and prosecutors, while those with lower records often chose to work as lawyers in various fields. This system partially reflected the civil law tradition of considering prosecutors as a de facto part of the judiciary as the deputy director (or vice-president) of the JRTI is appointed among prosecutors according to Article 74 Clause 1 of the Court Organization Act. Similar arrangements can be observed in institutions like the [[French National School for the Judiciary]].

With the adoption of the American-style three-year law school system in South Korea, the JRTI's role as the exclusive professional school for law diminished. It transformed into an internal education institute for newly appointed judges and law clerks. Some senior judges also receive additional training at the JRTI for technical matters.<ref>{{cite web | url= https://jrti.scourt.go.kr/dcboard/new/EngDcNewsListAction.work?gubun=330 | title= 50 Years of the JRTI | publisher= Judicial Research and Training Institute | access-date= 2022-04-10}}</ref> Currently, all training functions for prosecutors have been transferred to the 'Institute of Justice' ({{langx|ko|법무연수원|label=none}}) at the [[Ministry of Justice (South Korea)|Ministry of Justice]], signifying a change in the training structure for legal professionals in South Korea.<ref>{{cite web | url= https://www.ioj.go.kr/eng/organization.html | title= Organization | publisher= Institute of Justice | access-date= 2022-04-10}}</ref>

=== Judicial Policy Research Institute ===
The 'Judicial Policy Research Institute' (JPRI, {{langx|ko|사법정책연구원|label=none}}), was established in 2014 under Article 76-2 of the Court Organization Act. It serves as a specialized body within the Supreme Court of South Korea, focusing on research related to policy issues concerning the judicial system. Additionally, the JPRI plays a role in educating the public on fundamental aspects of the functioning of ordinary courts.

The institute primarily recruits research fellows and researchers from the pool of lower ordinary court judges, as outlined in the provisions of Article 76 Clause 4 of the Court Organization Act. However, a significant number of researchers are also recruited externally from individuals who possess PhD degrees and have expertise relevant to the field of judicial policy research. This diverse recruitment strategy enhances the institute's ability to gather insights and perspectives from both within and outside the ordinary courts.

Currently, the JPRI is located in [[Goyang]], [[Gyeonggi Province]], providing a dedicated space for its research activities and initiatives.<ref>{{cite web | url= https://jpri.scourt.go.kr/post/postList.do?boardSeq=27&menuSeq=45&lang=en | title= Organization Chart | publisher= Judicial Policy Research Institute | access-date= 2022-04-10}}</ref>

== Building ==
[[Image:Keijo Judicial Building.JPG|thumb|left|The Supreme Court was located in [[Jung District, Seoul]], until the 1990s. The building currently houses the [[Seoul Museum of Art]].]]
The Supreme Court was located in Seosomun-dong, Seoul until 1995. Currently, it is located in [[Seocho District|Seocho]], [[Seoul]]. The Supreme Court building in Seocho has 16 floors and two underground floors with total space around 66,500 square meters. This large size building was necessary to hold the Supreme Court, National Court Administration and law library all together. The main center of the building is used by the Supreme Court, while east wing is mainly used by National Court Administration. Other wing is used by law library. At the center entrance of the building, three Korean words are engraved; ''{{langx|ko|자유|label=none}}'' meaning freedom, ''{{langx|ko|평등|label=none}}'' meaning equality, and ''{{langx|ko|정의|label=none}}'' meaning Justice.<ref>{{cite web | url= https://eng.scourt.go.kr/eng/supreme/building/history.jsp | title= History, Building | publisher= Supreme Court of Korea | access-date= 2022-04-10}}</ref> The Supreme Court usually does not hold open hearing session, though sessions for verdicts are regularly held on the second and last Thursday of a month.<ref>{{cite web | url= https://www.scourt.go.kr/supreme/info/JpBoardListAction.work?gubun=1 | script-title=ko:대법원 선고 | publisher= 대한민국 대법원 | access-date= 2022-04-10 | language=korean}}</ref>
[[Image:Supreme Court of Korea (2013).jpg|thumb|right|150px|Current Supreme Court building from 1995 in [[Seocho District|Seocho]], [[Seoul]]]]

== Jurisdiction ==
According to Article 101 Clause 2 and Article 110 Clause 2 of the constitution, the Supreme Court of South Korea possesses comprehensive final appellate jurisdiction over all cases from ordinary courts and military courts. Additionally, it exercises the power of judicial review at the sub-statutory level, similar to other ordinary courts, as specified in Article 107 Clause 2 of the constitution. Notably, the Supreme Court exclusively handles certain cases as single-tier trials, without the possibility of appeal.

One category of cases subject to single-tier trials in the Supreme Court pertains to disputes related to the election of the [[president of South Korea]], [[National Assembly (South Korea)|National Assembly]] members, [[Administrative divisions of South Korea|provincial-level]] local governors, and local parliament members. These cases are governed by Article 222 and 223 of the Public Official Election Act ({{langx|ko|공직선거법|label=none}}), which designates the Supreme Court as the sole authority responsible for adjudication.<ref>{{cite web | url= https://elaw.klri.re.kr/kor_service/lawView.do?hseq=56243&lang=ENG | title= Public Official Election Act | publisher= Korea Legislation Research Institute | access-date= 2022-04-10}}</ref>

Another example of single-tier trials at the Supreme Court involves cases concerning disciplinary actions against judges for misconduct. According to Article 27 Clause 2 of the Discipline of Judges Act ({{langx|ko|법관징계법|label=none}}), such cases are exclusively heard by the Supreme Court.<ref>{{cite web | url= https://elaw.klri.re.kr/kor_service/lawView.do?hseq=46404&lang=ENG | title= Discipline Of Judges Act | publisher= Korea Legislation Research Institute | access-date= 2022-04-10}}</ref>

== Procedure ==
As outlined in Article 7 Clause 1 of the Court Organization Act, the Supreme Court carries out its final appellate jurisdiction through two distinct phases. The first phase is known as the 'Petty Bench,' which consists of a smaller panel within the court. The Petty Bench is presided over by the most senior justice serving within that particular panel.

The second phase is referred to as the 'Grand Bench,' which operates as an ''[[en banc]]'' session of the court. The Grand Bench is always presided over by the chief justice of the Supreme Court. During these sessions, all justices of the Supreme Court come together to deliberate on cases and make decisions.

=== Four-Judge Panels and ''En Banc'' Hearings ===
In the initial phase of the procedure, a four-judge panel (or "Petty Bench," {{langx|ko|소부|label=none}}) examines how the appeal should be handled. If the four justices within the same panel reach a unanimous decision, the case is resolved within the panel. However, in cases where the panel fails to reach a unanimous decision or determines that the matter should be heard ''en banc'' (such as when overturning a Supreme Court precedent or when addressing a significant constitutional issue at a sub-statutory level), the case is referred for an ''en banc'' hearing (or "Grand Bench," {{langx|ko|전원합의체|label=none}}).

Given that the court has three four-judge panels, only twelve out of the 14 Supreme Court justices participate in the first phase of the procedure. The remaining two Supreme Court justices{{Snd}}the chief justice and the minister of National Court Administration{{Snd}}hold administrative roles within the court but are not assigned to any specific panel.

In the second phase, an ''en banc'' hearing ( "Grand Bench," {{langx|ko|전원합의체|label=none}}), comprising more than two-thirds of all Supreme Court justices, examines cases forwarded by the four-judge panels.<ref>An ''en banc'' hearing, in theory, can consist of 10 justices, but typically consists of 13 Supreme Court justices.</ref> Decisions are made by a simple majority vote. However, if a majority opinion cannot be reached, the court's decision is determined in accordance with Article 66 of the Court Organization Act.<ref>{{cite web | url= https://eng.scourt.go.kr/eng/supreme/about/function.jsp | title= Exercise of Jurisdiction | publisher= Supreme Court of Korea | access-date= 2022-04-10}}</ref>

In either phase, the Supreme Court does not adjudicate facts but rather deliberates based on the evidence introduced in lower-court trials. Unlike the fact-finding nature of the lower courts, the Supreme Court only examines whether there are errors in the application of law and logic in the decisions of the lower courts regarding the specific case. Therefore, the role of the Supreme Court is to review the decisions of the lower courts and not to issue new judgments.

The Supreme Court primarily issues two types of rulings: affirming the lower court's decision ({{langx|ko|원심확정|label=none}}) or remanding the case ({{langx|ko|파기환송|label=none}}). Remanding, in simple terms, refers to the act of overturning a lower court's decision and sending the case back for a retrial. In such cases, the lower court is bound by the legal principles highlighted by the Supreme Court. Unless new factual circumstances arise that challenge those legal principles, the lower court must render a decision as directed by the Supreme Court. Consequently, a "verdict of acquittal with a remand for retrial" is considered final, even though it necessitates a new trial at the lower court.

=== Presiding Justice and Justice in charge ===
In South Korea, judicial panels include a 'presiding member' ({{langx|ko|재판장|label=none}}) and a 'member in charge' ({{langx|ko|주심|label=none}}). The presiding member serves as the official representative of the panel, while the member in charge oversees the proceedings and trial and prepares the draft judgment for the specific case at hand. This role of the member in charge bears similarities to that of the [[Judge-Rapporteur|judge-rapporteur]] in the [[European Court of Justice]].

Typically, the member in charge is selected randomly by a computer system to ensure impartiality and avoid any suspicion of bias. On the other hand, the presiding member is chosen based on seniority through a bureaucratic process. It is important to note that the term 'presiding judge' ({{langx|ko|부장판사|label=none}}) in South Korean courts often refers to a judge who is bureaucratically considered the 'head of the panel' rather than the individual who actively takes on the role of the presiding member for a specific case.<ref>See Supreme Court decisions for examples of presiding justice and justice in charge for the Petty Bench and the Grand Bench at {{cite web | url= https://library.scourt.go.kr/base/eng/SCD/eng_judg_list.jsp?gs_gubun=0&eng_gubun=0 | title= All Supreme Court Decisions | publisher= Supreme Court Library of Korea | access-date= 2022-04-10}}</ref>

=== Case naming ===
South Korea's Supreme Court follows a specific naming convention for current cases. The case name consists of a combination of numbers and alphabets that provide information about the case. The first two or four digits represent the year when the case was filed, indicating the timeframe in which the legal proceedings began. Following the year, a case code composed of alphabets is assigned, which corresponds to a particular jurisdiction within the court.

For instance, the letter 'Da' is used to denote cases related to private law, while the letter 'Du' is used for criminal law cases. This case code helps categorize and classify the types of cases being heard by the court. Finally, the last serial number is assigned based on the order of case filing within a given year, ensuring a unique identification for each case.<ref>{{cite web | url= https://library.scourt.go.kr/base/eng/SCD/guide.jsp | title= Guide, Supreme Court Decisions | publisher= Supreme Court Library of Korea | access-date= 2022-04-10}}</ref>

== Statistics ==
Between 2011 and 2020, the Supreme Court received approximately 35,000 to 48,000 appeal cases annually. However, under current law, the South Korean Supreme Court is not permitted to deny a petition for review ({{langx|ko|상고허가|label=none}}; see [[certiorari]]) at its discretion.<ref>In the Anglo-American legal system, this is commonly referred to as the ''writ of [[certiorari]],'' where an aggrieved party petitions the Supreme Court, seeking the Court's review of a particular case{{Spaced en dash}}the court may or may not grant certiorari.</ref>

South Korea previously operated a certiorari-like system, established in March 1981 under the Special Act on Acceleration of Lawsuits ({{langx|ko|소송촉진 특례법|label=none}}). The Special Act authorized the Supreme Court to dismiss cases deemed insignificant or not warranting further review. However, because the South Korean legal system is fundamentally based on a three-tiered system (i.e., allowing appeals up to twice), this practice was criticized as a potential infringement on the right to a fair trial. The certiorari system was ultimately abolished in September 1990. 

Currently, when a petition for review is filed, the Supreme Court must convene a panel of four justices. The panel may unanimously decide to affirm the lower court's decision, remand the case, or, if the matter requires further consideration, refer it to an ''en banc'' hearing.

The institutional structure of the Supreme Court places a significant burden on its justices. Each year, the court handles a large volume of cases, typically ranging from 35,000 to 50,000.<ref>{{cite web |url=https://www.scourt.go.kr/portal/justicesta/JusticestaListAction.work?gubun=10 |script-title=ko:사법연감(통계), 2020년 사건추이(누년비교), p.674 |publisher=대한민국 법원, 대국민서비스 |access-date=2022-04-10}}</ref> Of these, only a small fraction, approximately 10 to 20 cases annually, are selected for ''en banc'' hearings ({{langx|ko|전원합의체|label=none}}).<ref>{{cite web | url= https://www.joongang.co.kr/article/13781810 | script-title=ko:전원합의체 선고 53%가 만장일치 ... 획일화 길 걷는 대법원 | publisher=[[JoongAng Ilbo]] | date=2014-02-02 | access-date= 2022-04-10  | language= korean}}</ref> As a result, the vast majority of cases are resolved without ''en banc'' review and often receive limited deliberation. According to former Supreme Court justice Park Sihwan, decisions in such cases may be reached in as little as "3 to 4 minutes."<ref>{{cite journal | url= https://www.kci.go.kr/kciportal/ci/sereArticleSearch/ciSereArtiView.kci?sereArticleSearchBean.artiId=ART002164335 | title= PARK SIHWAN. (2016). The Actual Appearance and Problems of the Korean Supreme Court Appeal Case Processing. Democratic Legal Studies, 62. pp.307, 316-317. | doi= 10.15756/dls.2016..62.289 | access-date= 2022-04-10 | language= korean| doi-access= free }}</ref> Consequently, research judges play an essential role, providing detailed legal analysis and support for cases that do not proceed to the ''en banc'' stage.

Potential reforms to the South Korean judicial system continue to generate controversy and debate. Several proposals have been advanced to address existing challenges, including increasing the number of Supreme Court justices, reintroducing the [[certiorari]] system ({{langx|ko|상고허가제|label=none}}), and establishing an additional tier of appellate courts ({{langx|ko|상고법원|label=none}}) positioned between the current appellate courts and the Supreme Court. This intermediate appellate courts would be tasked with handling cases not selected for review by the Supreme Court.

The proposal to establish an additional tier of appellate courts became particularly contentious during the tenure of former chief justice [[Yang Sung-tae]]. Yang was accused of [[influence-peddling]] during [[Park Geun-hye]]'s presidency. Specifically, he was alleged to have intervened in a case in a manner favorable to the president in exchange for the creation of the proposed appellate courts ({{langx|ko|상고법원|label=none}}). He was arrested in 2019, and the trial remains ongoing as of May 2023.<ref>{{cite news |last1=Sang-Hun |first1=Choe |title=A South Korean Ex-Chief Justice Faces Case-Rigging Accusations |url=https://www.nytimes.com/2019/01/11/world/asia/south-korea-chief-supreme-court-justice.html |access-date=6 May 2023 |work=[[The New York Times]] |date=11 January 2019}}</ref><ref>{{cite news |title=An influence-peddling scandal ensnares South Korea's top court |url=https://www.economist.com/asia/2019/01/26/an-influence-peddling-scandal-ensnares-south-koreas-top-court |access-date=6 May 2023 |newspaper=The Economist|date=26 January 2019}}</ref><ref>{{cite web | url= http://www.koreaherald.com/view.php?ud=20180802000753 | title= Why is 'appellate court' at center of judiciary scandal? | publisher=[[The Korea Herald]] | date=2018-08-02 | access-date= 2022-04-10}}</ref>

== Criticism and Issues ==
* The Supreme Court has faced criticism for perceived leniency toward [[Chaebol|chaebols]]<ref>{{cite web | url= https://www.nytimes.com/2019/01/11/world/asia/south-korea-chief-supreme-court-justice.html | title=A South Korean Ex-Chief Justice Faces Case-Rigging Accusations | work=[[The New York Times]] | date=2019-01-11 | access-date= 2022-04-08}}</ref> as well as controversy over internal political conflicts within the judiciary. Notably, the court came under public scrutiny following a case-rigging scandal involving [[Yang Sung-tae]], the 15th chief justice.<ref>{{cite web | url= https://thediplomat.com/2018/09/south-korean-supreme-court-caught-in-park-geun-hye-scandal/ | title=South Korean Supreme Court Caught in Park Geun-hye Scandal | publisher=The Diplomat | date=2018-09-27 | access-date= 2022-04-08}}</ref>
* Both the constitution and the Court Organization Act lack contingency plans for mass vacancies on the Supreme Court. As a result, if the National Assembly is gridlocked over recommending candidates for Supreme Court justices under Article 104 Clause 1 and Clause 2 of the constitution, there is no alternative, and the Supreme Court becomes paralyzed due to the absence of justices.<ref>{{cite web | url= https://koreajoongangdaily.joins.com/2012/07/17/politics/Assembly-deadlock-brings-Supreme-Court-to-halt/2956384.html | title= Assembly deadlock brings Supreme Court to halt | publisher=[[Korea JoongAng Daily]] | date= 2012-07-17 | access-date= 2022-04-08}}</ref> A similar problem exists with the [[Constitutional Court of Korea]]{{Spaced en dash}}to a greater extent{{Spaced en dash}}because the constitution and relevant statutes impose a higher quorum requirement for the Constitutional Court to render a decision upholding a law. Under Article 66 Clause 1 of the Court Organization Act, the Supreme Court may decide cases by a simple majority. In contrast, the Constitutional Court requires the concurrence of at least six justices to uphold a law, pursuant to Article 113 Clause 1 of the constitution.

==See also==
{{Wikisourcecat|Supreme Court of Korea decisions}}
* [[Chief Justice of the Supreme Court of Korea]]
* [[Politics of South Korea]]
* [[Government of South Korea]]
* [[Judiciary of South Korea]]
* [[Constitutional Court of Korea]]

==References==
{{reflist}}

==External links==
* [https://eng.scourt.go.kr/ the Supreme Court of Korea Official Website]
* [https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1 The Constitution of the Republic of Korea (translated in English), Korea Legislation Research Institute]
* [https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=55374 Court Organization Act (translated in English), Korea Legislation Research Institute]
* [https://eng.scourt.go.kr/eng/supreme/about/introduction.jsp 2019 Introductory Book of the Supreme Court of Korea, published and downloadable by the Supreme Court of Korea]

{{Korea topics}}
{{Asia topic|Supreme Court of|title=Supreme Courts of Asia|countries_only=yes|template=yes}}
{{Authority control}}
{{Coord|37.4922|N|127.0052|E|source:wikidata|display=title}}

[[Category:Judiciary of South Korea]]
[[Category:National supreme courts|Korea, South]]
[[Category:Courts in South Korea]]
[[Category:Law of South Korea]]
[[Category:1948 establishments in South Korea]]
[[Category:Courts and tribunals established in 1948]]
[[Category:Seocho District]]