Misplaced Pages

#574425

116-591: The European Union–South Korea Free Trade Agreement is a free trade agreement between the European Union (EU) and South Korea . The agreement was signed on 15 October 2009. The agreement was provisionally applied from 1 July 2011, and entered into force from 13 December 2015, after having been ratified by all signatories. The agreement was the most comprehensive the EU had ever negotiated up until that point: import duties are near eliminated on all produce and there

232-601: A Panel of Experts determined that South Korea did not respect all its labour rights obligations under the European-Union-South Korea Free Trade Agreement. In particular, the Panel made recommendation regarding the freedom of association and the effective recognition of collective bargaining. Free trade agreement FTAs, a form of trade pacts, determine the tariffs and duties that countries impose on imports and exports with

348-697: A clause to guard European car manufacturers. South Korea has had significant opposition to previous free trade agreements most especially with the United States. This EU agreement is larger than the United States agreement. However, Hur Kyung-wook, Vice Finance Minister for South Korea, has said that he believes the agreement will go into effect in July 2010. On 22 March 2011, the citizen group called Lawyers for Democratic Society (민주사회를 위한 변호사모임) announced that there were 160 cases of mistranslation errors in

464-487: A country's national welfare. Both trade creation and trade diversion are crucial effects found upon the establishment of an FTA. Trade creation will cause consumption to shift from a high-cost producer to a low-cost one, and trade will thus expand. In contrast, trade diversion will lead to trade shifting from a lower-cost producer outside the area to a higher-cost one inside the FTA. Such a shift will not benefit consumers within

580-485: A free-trade area exclusively grant each other go beyond their accession commitments. Although Article XXIV of the GATT allows WTO members to establish free-trade areas or to adopt interim agreements necessary for the establishment thereof, there are several conditions with respect to free-trade areas, or interim agreements leading to the formation of free-trade areas. Firstly, duties and other regulations maintained in each of

696-581: A given case". A free trade agreement is a reciprocal agreement, which is allowed by Article XXIV of the GATT. Whereas, autonomous trade arrangements in favor of developing and least developed countries are permitted by the Decision on Differential and More Favorable Treatment, Reciprocity and Fuller Participation of Developing Countries adopted by signatories to the General Agreement on Tariffs and Trade (GATT) in 1979 (the “Enabling Clause”). It

812-423: A number of other fields, from services to e-commerce and data localization . Since transactions among parties to an FTA are relatively cheaper as compared to those with non-parties, FTAs are conventionally found to be excludable . Now that deep trade deals will enhance regulatory harmonization and increase trade flows with non-parties, thus reducing the excludability of FTA benefits, new generation FTAs are obtaining

928-495: A party as a means of suppressing dissent and stifling free expression since a dictator cannot dissolve at will a political party challenging his or her authority. The Constitutional Court rarely accepts dissolution petitions, and even less often rules in favor of dissolving a political party. As of April 2023, the Unified Progressive Party (UPP, Korean : 통합진보당 ) is the only political party dissolved through

1044-714: A quorum of two-thirds of all Supreme Court Justices, according to article 16(2) and (3) of the Act. The main role of the council is supervisory functions for the President of the Court's power of court administration, such as the appointment of the Secretary General, the Vice Secretary General, Rapporteur Judges and other high-ranking officers over Grade III. Other issues requiring supervisory functions of

1160-553: A referral from the court. This means that abstract or potential injuries are not eligible for this legal resource. In other words, a party must have a concrete and specific interest in the outcome of the case to request a referral to the Constitutional Court. Article 41(5) of the Constitutional Court Act establishes that once an ordinary court has requested the Constitutional Court to adjudicate on

1276-754: Is also considered as that arising in another party. In preferential rules of origin , such differential treatment is normally provided for in the cumulation or accumulation provision. Such clause further explains the trade creation and trade diversion effects of an FTA mentioned above, because a party to an FTA has the incentive to use inputs originating in another party so that their products may qualify for originating status. The database on trade agreements provided by ITC's Market Access Map. Since there are hundreds of FTAs currently in force and being negotiated (about 800 according to ITC's Rules of Origin Facilitator, counting also non-reciprocal trade arrangements), it

SECTION 10

#1732787387575

1392-512: Is bureaucratically regarded as 'head of the panel', not who really takes role of presiding member in each of specific cases. For example, former Justice Kang Il-won was 'Justice in charge' ( Korean : 주심재판관 ) in Impeachment of Park Geun-hye case, so he presided much of hearings, though official presiding member of the Full bench at that time was former Justice Lee Jung-mi as acting President of

1508-417: Is deep liberalisation in trade in services. It includes provisions for intellectual property (including geographical indications ), public procurement, competition, transparency of regulation and sustainable development. There are also specific commitments against non-tariff obstacles on sectors such as automobiles, pharmaceuticals and electronics. This is the third trade related agreement that South Korea and

1624-463: Is defined in Article 68(2) of the Constitutional Court Act. The Supreme Court has argued that such derivative decisions encroach upon the court's traditional role of interpreting statutes and could lead to confusion and inconsistency in the application of the law. On the other hand, the Constitutional Court has justified its use of derivative decisions by stating that they are necessary to ensure that

1740-516: Is divided into Courthouse and the Annex. The five-story main building for Courthouse is designed in neo-classical style to incorporate Korean tradition with new technology. It was awarded 1st place of 2nd Korean Architecture Award in October 1993, the year it was completed. Right pillar of the main gate is engraved as Korean : 헌법재판소 meaning the Constitutional Court itself, while the left pillar gate

1856-649: Is engraved as Korean : 헌법재판소사무처 meaning the Department of Court Administration. It includes the courtroom, office and deliberation chamber for Justices, office for Rapporteur Judges, Academic Advisors and Constitutional Researchers, and one of working space for Department of Court Administration. The Annex building, built in April 2020 as three-story building tried to enhance communication with public and barrier-free accessibility. It includes law library , permanent exhibition hall for visitors and another working space for

1972-460: Is filled with lower ordinary court Judges or Prosecutors seconded from outside of the Constitutional Court for 1 to 2 years, to enhance diversity and insight of the Court according to article 19(9) of the Act. Other than Rapporteur Judges, there are 'Constitutional Researchers' ( Korean : 헌법연구원 ) and 'Academic Advisors' ( Korean : 헌법연구위원 ) at the Court, working for 2 to 5 years to assist research on academic issues mainly on comparative law related to

2088-722: Is important for businesses and policy-makers to keep track of their status. There are a number of depositories of free trade agreements available either at national, regional or international levels. Some significant ones include the database on Latin American free trade agreements constructed by the Latin American Integration Association (ALADI), the database maintained by the Asian Regional Integration Center (ARIC) providing information agreements of Asian countries, and

2204-411: Is legitimate under WTO law, but the parties to a free-trade area are not permitted to treat non-parties less favorably than before the area is established. A second requirement stipulated by Article XXIV is that tariffs and other barriers to trade must be eliminated to substantially all the trade within the free-trade area. Free trade agreements forming free-trade areas generally lie outside the realm of

2320-558: Is need to make decision. If there's no simple majority opinion, the opinion of the Court is decided by counting votes from the most favorable opinion for the plaintiff to the most unfavorable opinion for the plaintiff, until the number of votes gets over six. When the counted votes are over six, the most unfavorable opinion inside the votes over six are regarded as opinion of the Court. In South Korea, among panel of Judges or Justices, there should be 'presiding member ( Korean : 재판장 )' and 'member in charge ( Korean : 주심 )'. The presiding member

2436-464: Is no grave violation of the law or statutes. Under the Constitution of South Korea , the government has the right to request the dissolution of a political party if its objectives or activities are deemed to be in opposition to the principles of the liberal democratic basic order ( German : Freiheitliche demokratische Grundordnung ; Korean : 민주적 기본질서 ), and such requests are adjudicated by

SECTION 20

#1732787387575

2552-701: Is official representative of the panel. The member in charge is who oversees hearing and trial and writes draft judgment for each specific case. This role of 'member in charge' is mostly similar to Judge-Rapporteur in European Court of Justice . Usually the member in charge is automatically (or randomly) selected by computer to negate suspicion of partiality. However, the presiding member is bureaucratically selected by seniority. Due to this virtual difference in role, 'presiding Judge' in South Korean courts usually refer to Korean : 부장판사 which means such Judge

2668-638: Is one of the highest courts —along with the Supreme Court —in South Korea's judiciary that exercises constitutional review, seated in Jongno , Seoul . The South Korean Constitution vests judicial power in courts composed of judges, which establishes the ordinary-court system, but also separates an independent constitutional court and grants it exclusive jurisdiction over matters of constitutionality . Specifically, Chapter VI Article 111(1) of

2784-453: Is out of the Court's jurisdiction. This type of adjudications are usually dismissed in Prior review due to lack of preliminary conditions. In addition, there's another unique type of constitutional complaint under article 68(2) of the Act, as discussed above in paragraph of 'on Constitutionality of statutes'. This constitutional complaint by article 68(2) of the Act is detour for Adjudication on

2900-528: Is set out in Article 111(1) of South Korea's Constitution as follows: adjudication on (1) constitutionality of statutes , (2) impeachment , (3) dissolution of a political party , (4) competence dispute, and (5) constitutional complaint . While the South Korean Constitutional Court's organizational structure was influenced by Austria , the scope of its jurisdiction was modeled after Germany . According to Article 111(1), 1. of

3016-416: Is structured into two phases. First phase is investigating preliminary conditions on admissibility of case, not on merits. For example, if the plaintiff (who made request for adjudication) lapsed deadline for request, the case is formally decided as 'Dismissed' ( Korean : 각하 ) no matter how much the plaintiff's request is right or not. This phase is named as 'Prior review' ( Korean : 사전심사 ) under article 72 of

3132-470: Is suspended from exercising his or her power. Neither the Constitution nor the Constitutional Court Act lays out concrete criteria to be considered in an impeachment case. Therefore, the Constitutional Court's decisions play an important role in establishing standards of review for impeachment cases. There have been two presidential impeachment cases: the failed impeachment of Roh Moo-hyun of 2004 and

3248-738: Is the WTO's legal basis for the Generalized System of Preferences (GSP). Both free trade agreements and preferential trade arrangements (as named by the WTO) are considered as derogation to the MFN principle. In general, trade diversion means that an FTA would divert trade away from more efficient suppliers outside the area towards less efficient ones within the areas. Whereas, trade creation implies that an FTA area creates trade which may not have otherwise existed. In all cases trade creation will raise

3364-574: Is the system of embedded tribunals which act as arbitrators in international trade disputes. These serve as a force of clarification for existing statutes and international economic policies as affirmed in the trade treaties. The second way in which FTAs are considered public goods is tied to the evolving trend of them becoming “deeper”. The depth of an FTA refers to the added types of structural policies that it covers. While older trade deals are deemed “shallower” as they cover fewer areas (such as tariffs and quotas), more recently concluded agreements address

3480-437: Is their approach to third parties . While a customs union requires all parties to establish and maintain identical external tariffs with regard to trade with non-parties, parties to a free-trade area are not subject to such a requirement. Instead, they may establish and maintain whatever tariff regime applying to imports from non-parties as they deem necessary. In a free-trade area without harmonized external tariffs, to eliminate

3596-601: The April Revolution , the second republic was established through a constitutional amendment transitioning from a presidential to parliamentary system . As a part of the amendment, the Constitutional Court ( Korean : 헌법재판소 ) was established to replace the now-defunct Committee. According to the 1960 constitutional amendment, the President, House of Councillors and the Supreme Court each designated three Constitutional Court judges. Although legislation to form

European Union–South Korea Free Trade Agreement - Misplaced Pages Continue

3712-541: The Chief Justice shall nominate three justices each, which implies the remaining three are nominated by the president of South Korea. Article 111(4) states that the candidate for the president of the Constitutional Court must obtain the approval of the National Assembly before the President appoints them. The South Korean Constitution broadly delineates the roles of courts, both ordinary courts and

3828-572: The Japanese colonial rule in 1945, there were multiple attempts to establish an independent constitutional court to exercise judicial review . Members of the Constitutional Drafting Committee prior to the first republic debated whether Korea's system of constitutional review should be modeled after the United States or continental Europe . Kwon Seung-ryul's proposal followed the American judicial system where only

3944-564: The Supreme Court of Korea at the top is established by Article 101(2) under Chapter 5 'Courts' ( Korean : 법원 ), while the Constitutional Court of Korea is the one and only highest constitutional court established by Article 111(1) Chapter 6 'Constitutional Court' ( Korean : 헌법재판소 ). The drafters of the Constitution tried to emphasize that the Constitutional Court does not belong to the ordinary-court system by using different but synonymous words. The term 'jaepanso ( Korean : 재판소 ; Korean pronunciation: [tɕɛpʰanso] )', meaning court ,

4060-562: The Yushin Constitution , a notoriously oppressive document that gave the president sweeping executive and legislative powers. The Yushin Constitution had an article that expressly overturned the 1971 Supreme Court decision on the National Compensation Act. Furthermore, the Supreme Court justices involved in the decision were refused reappointment and forced into retirement. The Yushin Constitution (and

4176-414: The 'Prior review' is delivered by three different Panel ( Korean : 지정재판부 ) of the Court, and each of the Panel is composed of three Justices. At this phase, the Court takes inquisitorial system to investigate every possible omit of preliminary conditions. If the Panel decides unanimously that the case lacks any of preliminary conditions, the case is dismissed. Otherwise, the case goes to second phase, where

4292-458: The 1952 constitutional amendment, three from the House of Representatives and two from the House of Councillors ), and the chief justice of the Supreme Court recommended five from the Supreme Court justices to the committee. Syngman Rhee 's dictatorial rule, however, sabotaged the committee's normal operation, and as a result, the committee was able to adjudicate only six cases, two of which ruled

4408-552: The 1987 constitutional amendment, which finally democratized Korea and ushered in the sixth republic, which continues to this day as of January 2023. The 1987 Constitution established the Constitutional Court of Korea as we know it and empowered the Court to review matters on constitutionality. Following such will of the South Korean people, the Constitutional Court has made significant landmark decisions in contemporary history of South Korea. Renowned latest decisions of

4524-497: The Act, to make decision upholding requests for the Adjudication, or to change precedent, the Court needs votes from at least six Justices among quorum of at least seven Justices. The only exception is making uphold decision in Adjudication on competence dispute. It only requires simple majority to make uphold decision. Otherwise, for example, to dismiss or to reject case, only simple majority with quorum of at least seven Justices

4640-512: The Act. Second phase is reviewing and deliberating merits of case. This phase is mainly fulfilled without oral hearing, yet the Court may hold oral hearing session if necessary, according to article 30 of the Act. If a case had passed prior review phase yet could not prove merits, the cas is formally decided as 'Rejected' ( Korean : 기각 ). Otherwise, it is decided as 'Upheld' yet the specific form of upheld decision varies with each of jurisdiction, especially in judicial review of statutes. First phase,

4756-545: The Assembly to formally participate in nomination process, the ruling party nominates one Justice, and the first opposition party nominates another. The remaining nomination is shared between the two parties, decided by negotiation or by election when the negotiation fails. For example, former Justice Kang Il-won was nominated by the National Assembly according to negotiations between the ruling Saenuri Party and

European Union–South Korea Free Trade Agreement - Misplaced Pages Continue

4872-621: The Chief Justice of the Supreme Court. This appointment structure reflects the civil law tradition of regarding ordinary courts as heart of conventional judiciary, since the President of South Korea represents executive branch, and the National Assembly represents legislative branch, while the Supreme Court Chief Justice represents judicial branch of the South Korean government . However, it is clear that both

4988-423: The Constitution and article 68(1) of Constitutional Court Act, the Court may review whether basic right of the plaintiff is infringed by any public authorities. Influenced by German institution called Verfassungsbeschwerde , this Adjudication on Constitutional complaint ( Korean : 헌법소원심판 ) system is designed as last resort for defending basic rights under the Constitution. Thus basically, the Court can adjudicate

5104-412: The Constitution divides the power to nominate persons for appointment into equal thirds among the President, the National Assembly , and the Chief Justice of the Supreme Court of Korea . Thus, the President has the power to both nominate and appoint three of the Constitutional Court's nine Justices, but the President must appoint the remaining six Justices from persons selected by the National Assembly or

5220-477: The Constitution, the Constitutional Court may review the constitutionality of statutes at the request of ordinary courts—a power referred to as judicial review ( Korean : 사법심사 ) or officially Adjudication on the constitutionality of statutes ( Korean : 위헌법률심판 ) in Chapter 4, Section 1 of the Constitutional Court Act. In a legal dispute, if the court's decision depends on the constitutionality of laws relevant to

5336-626: The Constitutional Court Act. The Secretary General is treated as same level as other Ministers at State Council in executive branch of South Korean government, by article 18(1) of the Act. The Deputy Secretary General ( Korean : 사무차장 ) is appointed usually from the senior Rapporteur Judges and treated as same level as other Vice-Ministers. The department implements decisions of the Council of Constitutional Court Justices and operates various issues of court administration, including fiscal and human resource issues or other information technology services of

5452-442: The Constitutional Court and the Supreme Court are treated as coequal (see Article 15 of the Constitutional Court Act ), the two courts have persistently come into conflict with each other over which of them is the final arbiter of the meaning of the Constitution. The Supreme Court, which is supposed to be the court of last resort, has criticized the Constitutional Court for attempting to upend the "three-tiered trial" system—referring to

5568-888: The Constitutional Court of Korea . Rapporteur Judges ( Korean : 헌법연구관 , formerly known as 'Constitutional Research Officers') are officials supporting nine Justices in the Court. They exercise investigation and research for review and adjudication of cases, to prepare memoranda and draft decisions, which makes them as kind of judicial assistant (such as Conseillers référendaires in French Cour de cassation or Gerichtsschreiber in Swiss Bundesgericht usually working for 5 to 10 years or more until retirement, but not as law clerks in United States Supreme Court working for 1 to 2 years as intern ). Rapporteur Judges are appointed by President of

5684-421: The Constitutional Court to adjudicate which party does or does not have "competence." In some instances, two separate agencies may have overlapping powers, which are defined in the relevant statutes that grant those powers. As a result, it may become necessary to distinctly establish the agency responsible for a particular matter. In some other cases, the existence of competence itself can be disputed. For example,

5800-562: The Constitutional Court, and entrusts the National Assembly to legislate the specifics of their functions. The National Assembly , soon after the tenth constitutional amendment that ended decades of dictatorship in South Korea, passed the Constitutional Court Act ( Korean : 헌법재판소법 ), which spells out a detailed organizational structure of the Court, establishes the hierarchy of judicial officers and their roles within

5916-411: The Constitutional Court. During the term, according to article 112(1) and 112(2) of the Constitution, Justices shall not be expelled from office unless by impeachment or a sentence of imprisonment, and they shall not join any political party, nor shall participate in political activities to protect political neutrality of the Court. One of sophisticated issue on the Court's tenure system is term length of

SECTION 50

#1732787387575

6032-399: The Constitutional Court. Following the constitutional mandate in 1971, the Supreme Court, in a 11-5 decision, struck down Article 2 of the National Compensation Act ( Korean : 국가배상법 ), which restricted state liability for compensating injured soldiers while serving the country. Enraged by the decision, in the following year, Park pushed through yet another constitutional amendment, establishing

6148-464: The Constitutional Court. The party-dissolution provision was influenced by its German equivalent, called ' Party Ban ' ( German : Parteiverbot ), designed to prevent the recurrence of events like the rise of the Nazis. While the clear provision for dissolving a political party serves to prevent anti-democratic factions from destabilizing society, it also acts as a safeguard against attempts to dissolve

6264-494: The Council include making interior procedural rules and planning on fiscal issues. Article 111(4) empowers the President of South Korea to appoint the President of the Constitutional Court of Korea among nine Constitutional Court Justices, with consent the National Assembly . By article 12(3) of the Constitutional Court Act, President of the Court represents the Court and supervises court administration. Also by article 16(1),

6380-653: The Court and educating public on constitution. Professors at the Institute are recruited mainly from PhD degree holders educated from foreign countries, and their research and education programs are supervised by senior Rapporteur Judges as manager seconded from the Court. The institute is currently located in Gangnam , Seoul . Current buildings of the Constitutional Court of Korea, seated in Jae-dong , Jongno District , Seoul near Anguk station of Seoul Subway Line 3 ,

6496-558: The Court include the decriminalization of abortion and the impeachment of Park Geun-hye . The current judicial system of South Korea , especially the Constitutional Court of Korea, was influenced by the Austrian judicial system . While Austria has three apex courts, whose jurisdiction is defined in different chapters of the Austrian constitution, the Constitution of South Korea only establishes two apex courts. Ordinary courts with

6612-421: The Court was passed in April 1961, the Court never came into existence as Park Chung Hee , who later became president, launched a coup the following month and suspended the constitution. After the nominal dissolution of the military junta , President Park Chung Hee jammed through the 1962 constitutional amendment, which conferred the power to review cases on constitutionality on the Supreme Court and dissolved

6728-513: The Court with consent of Council of Justices, under article 16(4) and 19(3) of the Act, and serve for renewable ten-year terms, which is same tenure system as lower ordinary court Judges ( Korean : 판사 ) in South Korea. It is noticeable that Rapporteur Judges serve longer than Justices in Constitutional Court, and paid as same as lower ordinary court Judges, since these professional assistants are designed to ensure continuity of constitutional adjudication in South Korea. Some of Rapporteur Judges position

6844-485: The Court's on-going cases by article 19-3 of the Act. The Court's administrative affairs are managed autonomously inside the Court, by apparatus called 'Department of Court Administration' (DCA, Korean : 헌법재판소사무처 ). The department is led by the 'Secretary General' ( Korean : 사무처장 ), currently Park Jong Mun , under direction of the President of the Court, provided with consent of 'Council of Justices' ( Korean : 재판관회의 ) in some of important issues under article 16 and 17 of

6960-400: The Court, and most importantly, provides ways in which people of Korea can appeal to the Court. Unlike other constitutional courts (most notably Federal Constitutional Court of Germany ), a party may file a constitutional complaint directly with the Court, without having to exhaust all other legal recourse, when a particular statute infringes upon his or her constitutional rights . Although

7076-456: The Court. Cases in the Constitutional Court are named as following rule. First two or four digit Arabic numbers indicate the year when the case is filed. And the following case code composed of Alphabets are categorized into eight; Hun-Ka, Na, Da, Ra, Ma, Ba, Sa and A. Each of the code matches with specific jurisdiction of the Court. The last serial number is given in the order of case filing of each year. The Constitutional Court's jurisdiction

SECTION 60

#1732787387575

7192-572: The Court. It has also professional team for supporting international relations of the Court, including Venice commission and Association of Asian Constitutional Courts and Equivalent Institutions . Constitutional Research Institute ( Korean : 헌법재판연구원 ) is the Constitutional Court's own institute established by article 19-4 of the Constitutional Court Act in year 2011, for research on fundamental academic issues concerning comparative law and original legal theories for South Korean Constitution. It also has function for training newly appointed officials of

7308-886: The EU-Korea FTA had boosted UK exports to Korea by 111% from 2010/11 to 2014/15. The most conflicting topic about the EU-ROK FTA is the abolition of capital punishment. Although South Korea is currently under moratorium/ de facto abolition of death penalty, it is not de jure abolition - even Constitutional Court of Korea ruled that capital punishment is not unconstitutional in 2010. While EU criticizes South Korean government that they do not fully abolish capital punishment, but according to various public surveys, many respondents in South Korea opposed EU's request to abolish death penalty due to its desired need to give admonition to heinous criminal. For example, in one public survey conducted by Gallup Korea on September 13–14, 2021, 77.3% of

7424-603: The EU. In fact, NTBs have been estimated to have the same protection level as a tariff at 76 percent in Korea and 46 percent in the EU. According to some studies, an agreement can increase trade as much as 40% over the long term. Negotiations started in May 2007 and were expected to be completed in March 2009; however, several issues had to be resolved before the agreement could be finished. Seven rounds of negotiations over various aspects of

7540-554: The European Commission announced that EU exports to South Korea increased by 55%; European companies saved €2.8 billion in scrapped or discounted customs duties; and bilateral trade in goods between the EU and South Korea grew annually, reaching a record level of over €90 billion in 2015. In the United Kingdom, Lord Price CVO, Minister of State for Trade Policy, Department for International Trade (DIT), said that

7656-789: The European Union have signed between themselves. The first, the Agreement on Co-operation and Mutual Administrative Assistance in Customs Matters was signed on 13 May 1997. This agreement allows the sharing of competition policy between the two parties. The second agreement, the Framework Agreement on Trade and Co-operation, was enacted on 1 April 2001. The framework attempts to increase co-operation on several industries, including transport, energy, science and technology, industry, environment and culture. Trade between

7772-418: The FTA as they are deprived the opportunity to purchase cheaper imported goods. However, economists find that trade diversion does not always harm aggregate national welfare: it can even improve aggregate national welfare if the volume of diverted trade is small. Economists have made attempts to evaluate the extent to which FTAs can be considered public goods . They first address one key element of FTAs, which

7888-405: The Full bench ( Korean : 전원재판부 ) composed of all possible Justices with the President of the Court as presiding member, reviews the case by article 22 of the Act. Though the case may already passed Prior review, still it can be dismissed since other Justices who did not participated in Prior review of such case can have different opinion. According to 113(1) of the Constitution and article 23(2) of

8004-716: The Korean version of the document. The text of the agreement was initialled between South Korea and the EU on 15 October 2009. It was signed on 6 October 2010, at the EU-Korea Summit in Brussels. The European Parliament ratified the agreement on 17 February 2011. South Korea's legislature ratified the agreement on 4 May 2011. In 2016, five years after the European Union–South Korea Free Trade Agreement has been provisionally put in place,

8120-418: The National Assembly" ( Korean : 국회 인사청문회 ) for all Constitutional Court Justices before appointment or nomination. However, this procedure has been interpreted as non-binding where the Constitution itself does not require the National Assembly's confirmation or consent for the nomination or appointment. Thus, the National Assembly cannot use the confirmation hearing process to block the nominations advanced by

8236-618: The President of the Court is chair of the Council of Constitutional Court Justices. Finally, by article 22 of the Constitutional Court Act, the President of the Court always becomes presiding member of the Full bench ( Korean : 전원재판부 ) composed of all nine Constitutional Court Justices. Article 112(1) of the Constitution and article 7 of the Constitutional Court Act provides the term of associate Justice as renewable six-year up to mandatory retirement age of 70. However, there's only two Justices who attempted to renew their term by reappointment, because renewing attempt can harm judicial independence of

8352-505: The President of the Court, since the Constitution and the Act never states about exact term of the President. Shortly, the President of the Court who was newly appointed simultaneously as both Justice and the President can have full six-year term as one of the Justice, while the President of the Court who was appointed during term as Justice can only serve as the President during remaining term as Justice. For more information, see President of

8468-418: The President or the Chief Justice of the Supreme Court, or the President's appointment of such nominees. The "Council of Constitutional Court Justices" ( Korean : 재판관회의 ) is established according to article 16(1) of the Constitutional Court Act. It is composed of all nine Justices (including the President of the Constitutional Court as permanent presiding chair), and can make decisions by simple majority among

8584-606: The Rules of Origin Facilitator. It is expected to become a versatile tool which assists enterprises in understanding free trade agreements and qualifying for origin requirements under these agreements. Constitutional Court of Korea 37°34′41″N 126°59′05″E  /  37.5780°N 126.9847°E  / 37.5780; 126.9847 [REDACTED] [REDACTED] [REDACTED] The Constitutional Court of Korea ( Korean :  헌법재판소 ; Hanja :  憲法裁判所 ; RR :  Heonbeop Jaepanso )

8700-583: The South Korean Constitution specifies the following cases to be exclusively reviewed by the Constitutional Court: Article 111(2) states that the Constitutional Court shall consist of nine justices qualified to be court judges, all of whom shall be appointed by the president of South Korea . Even though all nine justices must be appointed by the president, Article 111(3) states that the National Assembly and

8816-473: The Supreme Court and the Constitutional Court generally regard the power of the Constitutional Court as essentially a kind of judicial power. In order for a person to be appointed as a Constitutional Court Justice, Article 5(1) of the Constitutional Court Act requires that the person must be at least 40 years old, qualified as attorney at law, and have more than 15 years of career experience in legal practice or legal academia. While exact internal procedure for

8932-569: The Supreme Court interprets the constitution, whereas Yoo Jin-oh's proposal followed the European model with a constitutional court. The Constitutional Committee ( Korean : 헌법위원회 ) of the first republic was the result of a compromise between the two proposals. According to the 1948 Constitution, the vice president chaired the Constitutional Committee, the National Assembly appointed five assemblymen as committee members (after

9048-460: The WTO language). The database allows users to seek information on trade agreements notified to the WTO by country or by topic (goods, services or goods and services). This database provides users with an updated list of all agreements in force, however, those not notified to the WTO may be missing. It also displays reports, tables and graphs containing statistics on these agreements, and particularly preferential tariff analysis. The Market Access Map

9164-497: The WTO's World Trade Organization - which has been considered by some as a failure for not promoting trade talks, but a success by others for preventing trade wars - states increasingly started exploring options to conclude FTAs. The formation of free trade areas is considered an exception to the most favored nation (MFN) principle in the World Trade Organization (WTO) because the preferences that parties to

9280-424: The aggregated statistics as of 09 Feb 2021. According to Article 113(1) of the Constitution, the Constitutional Court is required to have at least six justices present in order to issue a ruling, but there is no contingency plan for in case the quorum is not met. Articles 6(4) and (5) of the Constitutional Court Act simply require that the vacancy be filled within 30 days, without any meaningful backup plan for when

9396-468: The agreement based on the European automakers concerns, which it initially did in September 2010. Trade analysts like Hosuk Lee-Makiyama of ECIPE have rejected the lobbying of the car industry as "myths": while EU exports to Korea are estimated to increase by 400%, most Asian car brands manufacture their cars in the EU and Korean cars account for insignificant share of imports to the EU to threaten even

9512-481: The agreements were completed which addressed problems over several issues including rules of origin , auto trade issues, and allowing certain tariff reductions. Italian and some French automakers believe this agreement would significantly harm them by allowing South Korean automakers to compete against them in the EU. Adolfo Urso , a junior Italian minister for external trade, said that the Italian government may veto

9628-522: The case, either party may request the court to refer the matter to the Constitutional Court for review. However, the court has discretion on whether to follow through with such a referral. If the court decides not to refer the matter, the aggrieved party can file a "constitutional complaint" directly with the Constitutional Court. The procedural hurdles involved in requesting adjudication on the constitutionality of statutes imply that only parties directly involved in an ongoing legal case are eligible to request

9744-465: The central government in Seoul may delegate certain government projects to local governments, which uses the labor and resources of the local government. Local governments may lodge a competence-dispute lawsuit with the Constitutional Court to challenge the constitutionality of the delegation, citing their lack of constitutional competence to undertake the delegated tasks. According to article 111(1), 5. of

9860-401: The complaint only if when other possible remedies are exhausted. Yet the Adjudication on Constitutional complaint is not accompanied with lawsuits on civil liability, since judgment on civil liability is role of ordinary courts. The Court only reviews whether the basic right of the plaintiff is infringed or not in this adjudication process. Detailed issues on calculation of damage and compensation

9976-401: The complaints under article 68(1) of the Act. It does not require any possible remedies to be exhausted already, but requires the plaintiff was dismissed of claim for judicial review from the ordinary court about on-going case of the plaintiff. It is notifiable that on-going case is not automatically sustained during Adjudication on Constitutional complaint by article 68(2) of the Act. Below are

10092-401: The constitutionality of statutes (or judicial review) denied by ordinary courts. It is usually called as ' Korean : 법령소원심판 ' in Korean, which means constitutional complaint especially on statutes. As this type of constitutional complaint is designed as detour for judicial review, the preliminary conditions required in Prior review for constitutional complaint under article 68(2) is different from

10208-482: The constitutionality of statutes, no superior court, including the Supreme Court of Korea , may intervene. This restriction on the powers of the Supreme Court was motivated by its historical passivity in confronting other branches of government during periods of authoritarian rule. However, this clause was abused by President Park Chung Hee under the Yushin Constitution . He refused to re-appoint Supreme Court justices who challenged his authority, effectively preventing

10324-443: The conventional practice of allowing appeals up to twice—and placing itself above the Supreme Court. In 2022, the relationship between the two high courts seemingly came to a head when the Constitutional Court overturned a Supreme Court decision without declaring the relevant statute unconstitutional, holding that the statute itself does not violate the Constitution but its particular application does. The Supreme Court publicly denounced

10440-411: The deadline is not met, which exposes the Constitutional Court to potential political instability or gridlock, particularly between the President and the National Assembly. Although the Supreme Court of Korea similarly lacks contingency measures to address a potential vacancy, there is a key difference since the Constitutional Court needs a supermajority to issue a ruling, but the Supreme Court needs only

10556-447: The department. The Court usually holds open hearing session or session for verdict in 2nd and last Thursday of a month, and visitors with ID cards or passports may attend the session. However, unaccompanied tour on building is restricted for security of the Court. As South Korea has predominant civil law tradition, major sequence of review procedure in the Constitutional Court of Korea stipulated in Chapter 3 of Constitutional Court Act

10672-414: The essential characteristics of public goods. Unlike a customs union , parties to an FTA do not maintain common external tariffs, which means they apply different customs duties, as well as other policies with respect to non-members. This feature creates the possibility of non-parties may free-riding preferences under an FTA by penetrating the market with the lowest external tariffs. Such risk necessitates

10788-528: The first opposition Democratic United Party in 2012. When the second opposition party is big enough to formally participate in the appointment process, it nominates the third Justice. Current Justice Lee Young-jin is example of Justice nominated from the National Assembly by the second opposition party; the Bareunmirae Party nominated him in 2018. Notably, Article 6(2) of the Constitutional Court Act states there should be "confirmation hearings of

10904-477: The former will be entitled to preferential tariffs scheduled by the FTA, the latter must pay MFN import duties. It is noted that in qualifying for origin criteria, there is a differential treatment between inputs originating within and outside an FTA. Normally inputs originating in one FTA party will be considered as originating in the other party if they are incorporated in the manufacturing process in that other party. Sometimes, production costs arising in one party

11020-693: The goal of reducing or eliminating trade barriers , thus encouraging international trade . Such agreements usually "center on a chapter providing for preferential tariff treatment", but they also often "include clauses on trade facilitation and rule-making in areas such as investment, intellectual property , government procurement , technical standards and sanitary and phytosanitary issues". Important distinctions exist between customs unions and free-trade areas. Both types of trading bloc have internal arrangements which parties conclude in order to liberalize and facilitate trade among themselves. The crucial difference between customs unions and free-trade areas

11136-529: The introduction of rules to determine originating goods eligible for preferences under an FTA, a need that does not arise upon the formation of a customs union. Basically, there is a requirement for a minimum extent of processing that results in "substantial transformation" to the goods so that they can be considered originating. By defining which goods are originating in the PTA, preferential rules of origin distinguish between originating and non-originating goods: only

11252-458: The law conforms to the Constitution while respecting the legislative intent and separation of powers. Impeachment adjudication ( Korean : 탄핵심판 ) is another prominent power of the Constitutional Court. According to Article 65(1) of the Constitution, if the President, Prime Minister, or other state council members violate the Constitution or other laws of official duty, the National Assembly can file an impeachment motion with at least one third of

11368-409: The members of the National Assembly. In order to pass, the motion must receive the support of a supermajority if it concerns the President, and a simple majority for any other office. Once the impeachment motion passes the National Assembly, the Constitutional Court adjudicates the impeachment, and until the Constitutional Court reaches a decision, the person against whom the impeachment motion was lodged

11484-545: The most inefficient car producers in Europe. Italy dropped its objections in return for the provisional application of the agreement being postponed from 1 January 2011 to 1 July 2011. The agreement eliminates tariffs on 98% of import duties and trade barriers in manufactured goods, agricultural products and services over a period of five years. It includes a guarantee that South Korean regulation on car emissions will not be disadvantageous to European car manufacturers, and includes

11600-588: The multilateral trading system. However, WTO members must notify to the Secretariat when they conclude new free trade agreements and in principle the texts of free trade agreements are subject to review under the Committee on Regional Trade Agreements. Although a dispute arising within free-trade areas are not subject to litigation at the WTO's Dispute Settlement Body, "there is no guarantee that WTO panels will abide by them and decline to exercise jurisdiction in

11716-446: The nomination of Constitutional Court Justices is not stipulated by statutes, nomination of the three Justices from the National Assembly is usually determined by political negotiations between the ruling party in the Assembly and the first opposition party. The second opposition party also plays a role in this process when it has sufficient membership in the Assembly. When the second opposition party does not have sufficient membership in

11832-470: The ordinary courts from making any formal requests for constitutional review. This event laid bare the vulnerabilities of making constitutional review contingent upon a court's request. As a result, the 1987 tenth constitutional amendment introduced another avenue for an interested party to bypass the court and directly ask the Constitutional Court to intervene in constitutional review. This alternative route, called Constitutional Complaint ( Korean : 헌법소원심판 ),

11948-464: The participant answered that capital punishment should be done. Therefore, some people in Korea consider EU's act as interference to internal affairs. Also, European Union's own act causes contradiction to their criticism toward South Korean government, since EU signed free trade agreement with Vietnam and Singapore , where they retain capital punishment. Currently, European Union does not give any explanations about their own contradiction. In 2021,

12064-538: The party-dissolution provision. The Constitution of South Korea empowers the Constitutional Court to adjudicate competence disputes ( Korean : 권한쟁의심판 ), which is derived from the German ' Organs Dispute ' ( German : Organstreit ). Competence is legal jargon defined as the "legal authority to deal with a particular matter," and therefore, competence disputes are legal cases between state agencies ( Korean : 국가기관 ) or local governments ( Korean : 지방자치단체 ) asking

12180-461: The portal on the European Union's free trade negotiations and agreements. At the international level, there are two important free-access databases developed by international organizations for policy-makers and businesses: As WTO members are obliged to notify to the Secretariat their free trade agreements, this database is constructed based on the most official source of information on free trade agreements (referred to as regional trade agreements in

12296-518: The risk of trade deflection , parties will adopt a system of preferential rules of origin . The General Agreement on Tariffs and Trade (GATT 1994) originally defined free-trade agreements to include only trade in goods . An agreement with a similar purpose, i.e., to enhance liberalization of trade in services , is named under Article V of the General Agreement on Trade in Service (GATS) as an "economic integration agreement". However, in practice,

12412-570: The ruling, saying that it entails the unacceptable implication that the ordinary courts' decisions fall under the Constitutional Court's jurisdiction, which subjugates the Supreme Court to the Constitutional Court. The Constitutional Court of Korea is the seat of the Permanent Secretariat for Research and Development of the Association of Asian Constitutional Courts and Equivalent Institutions . After regaining independence from

12528-573: The same as the Chief Justice and the Associate Justices of the Supreme Court, respectively. Article 111 of the Constitution of the Republic of Korea stipulates the size of the Constitutional Court and the nomination and appointment procedure for its Justices. The Court is composed of nine Constitutional Court Justices ( Korean : 헌법재판소 재판관 ), and the President of South Korea formally appoints each Justice. However, Article 111(3) of

12644-444: The signatory parties to a free-trade area, which are applicable at the time such free-trade area is formed, to the trade with non-parties to such free-trade area shall not be higher or more restrictive than the corresponding duties and other regulations existing in the same signatory parties prior to the formation of the free-trade area. In other words, the establishment of a free-trade area to grant preferential treatment among its member

12760-457: The statutes at issue unconstitutional. The 1952 constitutional amendment established a bicameral legislature but Syngman Rhee 's regime , until its demise, refused to enact the House of Councillors election law. As a result, the upper house, required for the Constitutional Committee to function, was never formed, and the Constitutional Committee soon ground to a halt. After Rhee was overthrown in

12876-414: The successful impeachment of Park Geun-hye of 2017. In the ruling on the impeachment of President Roh Moo-hyun, the Court declared that a 'grave ( Korean : 중대한 )' violation of the law is required for the impeachment of a President. However, in the impeachment case of President Park Geun-hye, the Constitutional Court held that a violation of the Constitution is sufficient cause for impeachment, even if there

12992-446: 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 happened in 1971, it forbade courts from making such requests, rendering the Constitutional Committee powerless. The June Struggle in 1987 led to

13108-468: The term is now widely used in politic science, diplomacy and economics to refer to agreements covering not only goods but also services and even investment . Environmental provisions have also become increasingly common in international investment agreements, like FTAs. The OED records the use of the phrase "free trade agreement" with reference to the Australian colonies as early as 1877. After

13224-415: The two parties was €64 billion in 2007. The EU is the second largest importer of South Korean goods. South Korea is the eighth largest importer of EU goods. The agreement is commonly referred to as the first of the next generation FTAs signed by the EU that addresses trade concerns beyond tariffs. Chief among these concerns are non-tariff barriers (NTBs); they are significant barriers to trade both in Korea and

13340-837: Was developed by the International Trade Centre (ITC) with the objectives to facilitate businesses, governments and researchers in market access issues. The database, visible via the online tool Market Access Map, includes information on tariff and non-tariff barriers in all active trade agreements, not limited to those officially notified to the WTO. It also documents data on non-preferential trade agreements (for instance, Generalized System of Preferences schemes). Up until 2019, Market Access Map has provided downloadable links to texts agreements and their rules of origin. The new version of Market Access Map forthcoming this year will provide direct web links to relevant agreement pages and connect itself to other ITC's tools, particularly

13456-405: Was used to describe the Constitutional Court, while 'beobwon ( Korean : 법원 ; Korean pronunciation: [pʌbwʌn] )' was used to represent the ordinary courts. The equal status of the Constitutional Court and the Supreme Court is guaranteed by Article 15 of the Constitutional Court Act, which states that the President and the Associate Justices of the Constitutional Court should be treated

#574425