section_path: History
section_name: History
paragraph_text: History
  
  After regaining independence from the Japanese colonial rule in 1945, there were several attempts to establish an independent constitutional court to exercise judicial review. Prior to the First Republic, members of the Constitutional Drafting Committee debated whether Korea's system of constitutional review should follow the American or continental Europe model. Kwon Seung-ryul proposed adopting the American system where only the Supreme Court interprets the constitution, while Yoo Jin-oh advocated for a European model, which features a constitutional court. The resulting Constitutional Committee (헌법위원회) of the First Republic was a compromise between the two proposals. Under the 1948 Constitution, the vice president chaired the committee, with five members appointed by the National Assembly. Following the 1952 constitutional amendment, these included three members from the House of Representatives and two from the House of Councillors. Additionally, the chief justice of the Supreme Court recommended five Supreme Court justices to serve on the committee.
  
  Syngman Rhee 's dictatorial rule undermined the committee's normal operation, limiting it to adjudicating only six cases, two of which declared the statutes in question unconstitutional. The 1952 constitutional amendment established a bicameral legislature, but Rhee's regime refused to enact the election law for the House of Councillors. Consequently, the upper house – required for the Constitutional Committee to function – was never formed, causing the committee to grind to a halt.
  
  After Rhee's overthrow during the April Revolution, the Second Republic was established through a constitutional amendment that shifted Korea from a presidential to a parliamentary system. As part of the amendment, the Constitutional Court (헌법재판소) was created to replace the now-defunct Constitutional Committee. Under the 1960 amendment, the president, House of Councillors and the Supreme Court each designated three Constitutional Court justices. Although legislation to establish the court was passed in April 1961, it never materialized. The following month, Park Chung Hee seized power through a military coup, suspending the constitution and halting the court's formation.
  
  After the nominal dissolution of the military junta, President Park Chung Hee rammed the 1962 constitutional amendment through, which dissolved the Constitutional Court and transferred the power to review cases on constitutionality to the Supreme Court. In 1971, following its constitutional mandate, the Supreme Court ruled 9 to 7 and struck down Article 2 of the National Compensation Act (국가배상법), which restricted state liability for compensating soldiers injured while serving the country. Enraged by the decision, Park responded the following year by pushing through another constitutional amendment, enacting the Yushin Constitution – a notoriously oppressive document that gave the president sweeping executive and legislative powers. The Yushin Constitution included a provision that explicitly overturned the 1971 Supreme Court ruling on the National Compensation Act. Additionally, the Supreme Court justices involved in the decision were denied reappointment and forced into retirement.
  
  The Yushin Constitution (and the successive constitution of the Fifth Republic) also re-established the Constitutional Committee, but required an ordinary court to submit a formal request for constitutional review before the committee could exercise its judicial power. Since the Supreme Court was wary of retaliation as in 1971, it forbade courts from making such requests, rendering the Constitutional Committee powerless.
  
  The June Struggle in 1987 led to the 1987 constitutional amendment, which democratized Korea and ushered in the Sixth Republic, continuing to this day. The 1987 Constitution established the modern Constitutional Court of Korea and granted it authority to review matters of constitutionality. The court has delivered several landmark decisions in South Korea's contemporary history, including the decriminalization of abortion, the impeachment of Park Geun-hye, and the impeachment of Yoon Suk Yeol.
  
  In December 2024, the Constitutional Court became a political battleground once again following the impeachment of President Yoon Suk Yeol for declaring martial law. At the time, the court had three vacancies, prompting a debate in the National Assembly of Korea over whether acting presidents have the authority to fill such vacancies. The opposition Democratic Party of Korea (DPK) argued that acting presidents could fill the positions, emphasizing that the presidential appointment of National Assembly-recommended nominees is largely procedural. In contrast, Yoon's People Power Party (PPP) asserted that acting presidents could appoint justices only in cases of a presidential vacancy, not a suspension of duties.
  
  On December 26, the opposition parties unilaterally approved three Constitutional Court nominees, without PPP participation in the confirmation vote. Acting president Han Duck-soo refused to appoint the nominees, citing the need for a bipartisan consensus. In response, the DPK filed an impeachment motion against Han on the same day. The motion passed on December 27, resulting in Han's suspension from office. On December 31, acting president Choi Sang-mok appointed Chung Kyesun and Cho Hanchang to the Constitutional Court while withholding the appointment of Ma Eun-hyuk.