Expertise

Constitutional Litigation

Introduction

Introduction

Shin & Kim’s Constitutional Litigation Practice offers clients creative and effective solutions to challenge government actions, particularly regulatory or statutory requirements on the basis of the Constitution. Our team includes Korea’s best-known constitutional law experts, who are well-versed in the unique challenges and opportunities arising from policy issues and technical complexity present in constitutional litigation. With our team’s extensive experience and knowledge, our constitutional law practice provides comprehensive advice to both plaintiffs and defendants in a wide array of constitutional disputes.

Key Services

Our Constitutional Litigation Practice’s services include:

  • Petition for review of constitutionality of statutes.
  • Petition for review of constitutional complaints.
  • Filing of constitutional complaints under Article 68(2) of the Constitutional Court Act.
  • Applications for the adjudication on impeachment and dissolution of political party.
  • Applications for the adjudication on competency and authority of government entities.
Experiences
  • Constitutional complaint with respect to Article 36 of the former Housing Construction Promotion Act, which required Korea Electric Power Corporation to install electric arterial facilities in collective housing areas at its expense.
  • Constitutional complaint with respect to Article 20(2)(3) of the former Framework Act on Management of Government Investment Institution, which granted the Ministry of Finance and Economy discretion to set a suspension period for sanctioned bidders in relation to public auctions.
  • Petition for review of constitutionality of law with respect to Article 27(1) of the Act on Contracts to Which the State is a Party, in relation to the Ministry of Construction and Transportation’s authority to disqualify bidders in a public auction
  • Constitutional complaint with respect to the amendments to the Enforcement Decree of the Medical Care Assistance Act which increased grade 1 medical benefit recipients’ payment of medical expenses.
  • Constitutional complaint with respect to Article 107(1)(iii) and Addendum 17(1) of the Local Tax Act with respect to a municipality’s taxation on a trust company.
  • Petition for review of constitutionality of law with respect to Article 22 of the Monopoly Regulation and Fair Trade Act on the grounds of the statute’s violation of the void-for-vagueness of doctrine and the delegation doctrine.
Awards and Rankings
  • Litigation Law Firm of the Year
    ALB Korea Law Awards 2018
  • Ranked Tier 1 Law Firm for Dispute Resolution
    Asia Pacific Legal500 2015-2017
  • Ranked Band 1 Law Firm for Dispute Resolution - Litigation
    Chambers Asia 2014-2017
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