Constitutional Petition for Capital Relocation

The Constitutional Court, headed by Yun Young-chul, said yesterday it had remitted the petition demanding the repeal of a special law to build a new administrative capital to the court’s nine justices. The court also decided to remit an application for a provisional injunction demanding suspension of activities of the Presidential Committee of Administrative Capital Relocation until a decision is made clarifying whether or not the special law violates the constitution by the court’s nine justices.

“The third designated court, taking charge of this case, decided to remit this case to the court’s nine justices during a general conference this morning,” said constitutional researcher Chon Jong-ik, and added, “It means the designated court has tentatively judged it doesn’t apply to requisites for rejection.”

All nine judges of the Constitutional Court including its president, Yun, are taking part. Constitutional researcher Chon stated, “It is quite exceptional to decide on the committal reference only one day after taking the case.

The Constitutional Court notified the plaintiffs of this decision, and is expected to discuss legal procedures and other matters at a general conference of the court’s nine justices to be held on July 15 at the earliest.

If six judges or more present the opinion of unconstitutionality, the decision of unconstitutionality is made in the constitutional petition case. An application for a provisional injunction is accepted if the majority agrees as long as seven judges or more are present and vote.

Sang-Rok Lee myzodan@donga.com