The Two Modes of Foreign Engagement by the Constitutional Court of Korea

Abstract

AbstractThe Constitutional Court of Korea (CCK) has engaged with foreign law and practices in two distinct manners. While the CCK has interacted with foreign constitutional adjudicatory organs outside the courtroom, it has also developed comparative law practices inside the courtroom. This article aims to examine the interaction between the CCK's two modes of foreign engagement. The chronological inquiry, substantiated by the interviews with former and current legal practitioners of the CCK, demonstrates the gap between the CCK's two modes of foreign engagement. The CCK's evolving extrajudicial activities have provided the repositories of information adequate for the deliberation of individual cases. However, the CCK's rigid structure for comparative law practices, which was established in its initial years to learn from traditionally influential jurisdictions, restricts these repositories from being fully utilised inside the courtroom. The CCK's failure to fully incorporate its developments in its extrajudicial activities into comparative law practices disallows the CCK to grasp an evolving picture of foreign constitutional adjudicatory organs.