Constitutionality of Administrative Capital Relocation to be Determined Tomorrow

The full bench of the Constitutional Court of Korea (CCK) (Chief Justice Lee Sang-kyung presiding) said on October 19 that the unconstitutionality of the “Special Law on New Administrative Capital Construction” will be decided upon at 2:00 p.m. on October 21.

Jeon Jong-ik, who is in charge of the Constitutional Court of Korea’s official reports, held an urgent press interview on the afternoon of October 19 and reported, “The unconstitutionality of the ‘Special Law on New Administrative Capital Construction’ will be adjudged at 2:00 p.m. on October 21.”

In the afternoon, the Constitutional Court of Korea sent official notifications to the concerned parties and organizations.

The constitutional petition will be accepted if six justices out of nine determines the law to be unconstitutional, and if the number of justices who view the law as unconstitutional is less than six, the petition will abandoned.

The dismissal of the petition due to the ineligibility of the petition itself or its applicants will be decided when the majority of the justices agree.

If the full bench decides on dismissal or abandonment, the New Administrative Capital Construction Promotion Committee can continue its undertaking. However, if the bench judges the law to be unconstitutional, all activities of the committee will be interrupted.

The 169 applicants, which include city councilmen of Seoul, college professors, public service workers, and college students, said, “Enforcing the relocation of the capital without approval in a plebiscite has invaded public and taxpayer rights, and not consulting with Seoul public officials has usurped the authority of the public service workers of Seoul.” The applicants filed a constitutional petition against the special law and a provisional disposition to uphold the enforcement of the special law until the constitutionality of the law is judged.

Interested public organizations, which include Cheong Wa Dae, the Ministry of Justice, and the Promotion Committee of the New Administrative Capital Construction, issued suggestions of dismissal or abandonment to the Constitutional Court, saying, “The applicants are ineligible to file a constitutional petition, and the special law obviously has not invaded the basic rights of the applicants.”

The city government of Seoul suggested that the relocation is unconstitutional since a matter of vital importance to the welfare of the nation was not decided through a plebiscite.

Jin-Young Hwang buddy@donga.com