Guide to the Requirements and Procedure for Filing a Constitutional Complaint

Based on 290 consultation cases · Updated October 4, 2026 · Translated from the Korean original.

A constitutional complaint may be filed when the exercise or non-exercise of public authority infringes your fundamental rights under the Constitution, but it must satisfy requirements such as the infringement being current, direct, and personal to you. If another statutory remedy is available, you must generally pursue it first. The subject matter and filing deadline also vary depending on the circumstances.

People and public authority → You → Public authority → A public authority acts or fails to act and you believe your constitutional rights are affected → Is this an exercise or non-exercise of public authority? → Are your own fundamental rights currently and directly infringed? → This route may not apply Check the kind of action being challenged → Is another statutory remedy available and likely to provide relief? → Use the available remedy first before filing a complaint → You may be able to file if the requirements are met → Private contracts and legal guidance may not qualify; court judgments are generally excluded → For a statute, check whether it directly infringes rights; for incomplete laws, target the defective provision → The deadline runs from when the infringement actually occurs; check whether a complaint can still help

Key points

The exercise or non-exercise of public authority, including by the legislature or executive, may be challenged through a constitutional complaint. However, a private-law contract or legal guidance or reply may not qualify as an exercise of public authority (Examples 14, 16, 19).
The complainant must show that their own fundamental rights are currently and directly infringed. As a rule, a person may not assert on behalf of someone else an infringement of that person’s or an organization’s members’ fundamental rights (Examples 13, 20).
To challenge a statute itself, the statute must generally infringe fundamental rights directly, without a separate implementing act. An exception may be recognized where there is an implementing act but no means to challenge it, or where the person would otherwise be forced to pursue an indirect procedure (Examples 3, 4, 7).
If another statute provides a remedy, you must generally pursue that remedy first. Exceptions may be considered where the procedure is unavailable or there is no reasonable prospect of obtaining relief through it (Examples 5, 6, 21).
The filing deadline for a constitutional complaint against a statute is assessed from the time the infringement of fundamental rights actually occurs. A distinction is made between infringement occurring when the statute takes effect and infringement arising later due to subsequent circumstances (Examples 9, 12, 23).
A complete failure to legislate must be distinguished from incomplete legislation. To challenge incomplete legislation, the claim must target the defective statutory provision itself, and the filing deadline also applies (Examples 12, 23).
Court judgments are generally excluded from constitutional complaints. However, the examples explain that a judgment applying a statute whose effect was lost following a Constitutional Court ruling that it was unconstitutional may exceptionally be challenged (Example 18).
It is also important whether granting the complaint could provide a practical benefit. For example, once the limitation period for prosecuting the alleged offense has expired, a constitutional complaint against a decision not to prosecute may no longer serve a protective purpose (Example 22).

Frequently asked questions

Q. Can I challenge an administrative agency’s rejection of an application through a constitutional complaint?

It may be subject to a constitutional complaint if the applicant has a statutory right to apply, the agency’s rejection definitively denies the application and constitutes an exercise of public authority, and the matter concerns an infringement of fundamental rights. However, if another statutory remedy is available, you must generally pursue it first.

Case 2

Q. Can I file a constitutional complaint directly against a statute or enforcement decree?

Possibly, but the statute or decree must directly infringe your fundamental rights without a separate implementing act. If the infringement occurs only after an implementing act, you must generally challenge that act. Exceptions may be considered where no remedy is available or a remedy would be ineffective.

Case 3, Case 4, Case 7

Q. Do I have to pursue another procedure before filing a constitutional complaint?

If another statute provides a procedure for protecting your rights, you must generally exhaust that procedure before filing a constitutional complaint. However, an exception to the exhaustion requirement may be recognized where the procedure is unavailable or there is little prospect that pursuing it would provide relief.

Case 5, Case 6, Case 21

Q. When does the filing deadline for a constitutional complaint against a statute begin to run?

The examples explain that the deadline is calculated from the time the infringement of fundamental rights actually occurs. Because a distinction is made between infringement occurring when the statute takes effect and infringement arising later due to separate circumstances, the applicable period and start date must be determined by examining when the specific infringement occurred.

Case 9, Case 12, Case 23

Q. Can I file a constitutional complaint because the legislature failed to enact a law?

A distinction must be made between a complete failure to legislate despite a constitutional duty to do so and legislation that was enacted but is incomplete. To challenge incomplete legislation, you must assert that the defective statute or provision is unconstitutional, rather than challenge the legislative omission itself, and you must comply with the filing deadline.

Case 12, Case 23

Q. Can a final court judgment be set aside through a constitutional complaint?

Court judgments are generally not subject to constitutional complaints. However, the examples explain that a constitutional complaint may exceptionally be permitted against a judgment that applied a statute whose effect was lost following a Constitutional Court ruling that it was unconstitutional.

Case 18

Q. Can an organization file a constitutional complaint on behalf of its members?

A corporation or certain organizations may file a constitutional complaint in their own name if their own fundamental rights, which they are capable of enjoying by their nature, have been infringed. However, an organization generally may not challenge an infringement of its members’ fundamental rights on their behalf.

Case 20

Q. Can I file a constitutional complaint challenging a prosecutor’s decision after the limitation period for prosecution has expired?

Once the limitation period for prosecution has expired, whether a constitutional complaint could still serve a protective purpose may depend on whether granting it could produce the desired result. The examples distinguish between a complainant challenging a decision not to prosecute and a suspect challenging a decision to suspend prosecution subject to conditions; the person’s status and the nature of the decision should therefore both be considered.

Case 22

Q. Can I file a constitutional complaint if I am dissatisfied with the response to my petition?

The examples explain that if a lawful petition was reviewed and the outcome was communicated, the response generally does not constitute an exercise of public authority subject to a constitutional complaint merely because it did not give sufficient reasons or meet the petitioner’s expectations. Whether the petition procedure itself infringed the right to petition may, however, be considered separately.

Case 14

Relevant laws

Constitutional Court Act, Article 68(1) (헌법재판소법 제68조 제1항)
Constitutional Court Act, Article 69(1) (헌법재판소법 제69조 제1항)
Constitutional Court Act, Article 75(3) (헌법재판소법 제75조 제3항)
Constitution of the Republic of Korea, Article 26 (헌법 제26조)
Constitution of the Republic of Korea, Article 111(1)(5) (헌법 제111조 제1항 제5호)
Administrative Appeals Act, Article 3 (행정심판법 제3조)
Administrative Litigation Act, Article 4(3) (행정소송법 제4조 제3호)
Criminal Procedure Act, Article 260 (형사소송법 제260조)
Criminal Procedure Act, Article 266-3 (형사소송법 제266조의3)
Criminal Procedure Act, Article 266-4 (형사소송법 제266조의4)

Watch out for

The statutes and rulings cited in the examples may include provisions that were in force before amendments or material based on past cases. Before filing, check the laws and procedures in force at the relevant time.
The date a statute takes effect, the date the grounds for infringement arise, and the date you learn of those grounds may differ. The starting point for calculating the filing deadline must therefore be assessed in light of the specific circumstances.
First check whether another remedy, such as administrative litigation or an appeal, is available. If you fail to pursue the required procedure, your constitutional complaint may be inadmissible.
If it is determined that no fundamental right was infringed or that the complaint could provide no practical relief, the case may not proceed to a decision on the merits.

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Source cases

This guide was compiled by AI from the following Korea Legal Aid Corporation consultation cases (in Korean).

This guide is general legal information about Korean law, not legal advice for your situation. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (call 132 in Korea).