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By Jung Chae-young and Seo Da-bin, The Fact, National Assembly — Germany was the first country to introduce the system of constitutional complaints against court rulings. The system was introduced in 1951 as a reflection on the country’s past under the Nazi regime, when the function of protecting fundamental rights had been lost. Germany has operated the system for more than 70 years.

From the time of its introduction, Germany explicitly included all exercises of public power — including not only legislative and administrative acts, but also judicial “court rulings” — as matters subject to constitutional complaints, thereby providing stronger protection for the fundamental rights of its citizens. Spain, Taiwan, and other jurisdictions later introduced similar systems.

(Omitted)

However, the lack of a protective framework against secondary victimization has been pointed out as a limitation. Attorney Chon Hyeong Hwan of Mega-X Law Office said, “For cases involving identifiable victims, such as sex crimes or child abuse, the requirements for filing constitutional complaints against court rulings should be significantly strengthened.”

He pointed out, “It is necessary to consider establishing ‘fast-track’ review standards that would allow the Constitutional Court to determine early whether a filing constitutes an abuse of the system and immediately dismiss it.”

Attorney Chon also proposed practical victim protection measures, including expressly stipulating the protection of victims’ personal information and prohibiting repeated requests for victim statements during the constitutional complaint process, guaranteeing victims’ right to participate in the procedure, and designing protective mechanisms through follow-up legislation.

The purpose is to create an institutional “shield” so that victims are not once again drawn into the turmoil of legal disputes while a constitutional complaint against a court ruling is pending.

(Omitted)

Ultimately, the success or failure of a Korean-style system of constitutional complaints against court rulings will likely depend on how it overcomes the early-stage waves of “loophole controversy” and “administrative overload.”

Source: The Fact, Reporters Jung Chae-young and Seo Da-bin, “[Constitutional Complaints Against Court Rulings as a Loophole <Part 2>] Germany, With 70 Years of Experience, ‘Screens Cases at the Gate’… Challenges for a Korean-Style Model,” March 23, 2026.
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