2025년 헌법 중요판례평석

초록

This article reviews the major decisions rendered by the Constitutional Court in 2025. A total of nine cases were selected, taking into account their socio-political significance and impact, as well as their doctrinal importance. These include: (1) the impeachment case of President Yoon Suk Yeol; (2) the competence dispute between the National Assembly and the Acting President concerning the failure to appoint Constitutional Court justices; (3) the competence dispute between the National Election Commission and the Board of Audit and Inspection regarding administrative inspection authority; (4) the provisional injunction suspending the continuation of the appointment procedure for Constitutional Court justices; (5) the case concerning media reporting on a child abuse death victim; (6) the school site charge case; (7) the constitutional complaint challenging the definition of “criminally derived property” and the transitional provisions under the Special Act on the Confiscation and Recovery of property derived from corruption; (8) the case concerning the provision requiring separate sentencing for election crimes and other concurrent offenses; and (9) the constitutional complaint against Article 130(6) of the Civil Execution Act, which provides for the non-return of an appeal security deposit. Among these, cases (1)–(4) attracted particularly significant socio-political attention and had substantial impact. Cases (5)–(6) are noteworthy as they provide insight into how the recently introduced constitutional complaint against court judgments may function, or illustrate the problems arising from its absence. Finally, cases (7)–(9) are among those decided in 2025 that raise the most substantial doctrinal questions.

키워드