The National Assembly has passed a revised law allowing the Constitutional Court of Korea to accept constitutional complaints even against final decisions made by ordinary courts. Under the new framework, if a court ruling is found to violate fundamental rights, the Constitutional Court can annul that judgment and require the court to rehear the case.

Previously, final judicial decisions were excluded from constitutional complaints, but a key clause upholding this exclusion was removed in the amendment. This change enables individuals to file constitutional challenges within a set period once a judgment is finalized.

The Constitutional Court argues that the expanded review mechanism can close gaps in fundamental rights protection arising from judicial rulings. However, critics in the judiciary have raised concerns that the reform could amount to a four-instance review system, potentially destabilizing legal certainty.

Some legal scholars warn that the move could undermine judicial independence, while supporters contend it offers a necessary safeguard for constitutional rights.

As a result, the debate over balancing rights protection and legal stability is likely to continue in Korea’s legal community.

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