Decisions of Judicial Branch Not Subject to Constitutional Court`s Jurisdiction

The Constitutional Court decided yesterday in a 7-2 vote that the Constitutional Court Act is constitutional, in a case where the Dong-A Ilbo questioned the constitutionality of the act that precludes the court`s decisions on the jurisdiction of Constitutional Courts. The case originated in 1980, when Chun Doo-hwan and his henchmen, after waging a successful military coup, forcefully removed Dong-A Broadcasting Company, a subsidiary of the newspaper.

In the ruling, the court held that "it is a well-established principle of law that decisions of the judicial branch of the government are not subject to review by the Constitutional Court."

In addition, the court added, "this court does not have any jurisdiction for reviewing unlawful acts of the government. Furthermore, the statute of limitations for a tort action has run out. Therefore, the National Assembly has no legal obligation to enact a law to compensate for the allegedly unlawful act by the government."

In a dissent opinion, Justice Kwon and Justice Yoon Young-chul argued, "The military regime coerced newspaper and media companies into merging with one another. This act, on its face, abridged their rights to freedom of speech. Thus, we held the law unconstitutional."

Justice Kwon continued, "For the past ten years ever since the military regime lost power, the National Assembly has failed to enact any law to compensate for damages caused by the government. Thus, the legislative body clearly breached its obligation to make laws."

The Dong-A Ilbo, after KBS` acquisition of Dong-A Broadcasting upon coercion in 1980, commenced a civil action against the government and KBS to regain the broadcasting company.

In January of 2001, the Supreme Court ruled against it, holding that the statute of limitations had run out. Upon that ruling, the Dong-A Ilbo initiated a lawsuit in the Constitutional Court, questioning the constitutionality of Section 68(1) of the Constitutional Court Act, which precludes jurisdiction on any decisions rendered by the judicial branch.

Wi-Yong Jung viyonz@donga.com