The Constitutional Court ruled Thursday that final court judgments are not subject to constitutional review and cannot be nullified by the highest court unless they have infringed upon people‘s basic rights.
By unanimous decision, the nine-judge panel at the court dismissed the complaints filed by Baik Ki-wan, a veteran civic activist, and others.
Baik claimed in a complaint filed in August 2015 that the Supreme Court contradicted the Constitutional Court’s 2013 decision that found old decrees implemented by former President Park Chung-hee unconstitutional.
Baik was convicted in 1973 of violating the decree by which people could be imprisoned for criticizing Park‘s dictatorial rule.
He was found innocent in a retrial that followed the Constitutional Court’s ruling.
But when he filed litigation seeking state compensation based on the outcome of the retrial, the top court upheld the lower court‘s ruling that denied his bid by saying that the state is not responsible for executing governmental authority as an act of state.
The highest court on Thursday added that a court decision is subject to a constitutional complaint only in cases where the judgment was made based on a law that was declared unconstitutional and thus infringes upon basic rights.
The court also turned down Baik’s claim that it is against the Constitution to not allow final court rulings for adjudication by the Constitutional Court, because the law already stipulates the exception for when it is allowed. The decision was made 7-2. (Yonhap)