In what cases can a constitutional complaint be filed?

I confirm that you have inquired about the conditions for filing a constitutional complaint.

A constitutional complaint refers to a system for requesting relief for an infringed fundamental right when a citizen's fundamental right guaranteed under the Constitution is infringed by public authority.

First, if the freedoms and rights guaranteed by the Constitution are infringed, you can file for constitutional complaint adjudication.

For example, if an individual's property right, right to freedom, and right to equality are unjustly infringed by an unjust administrative disposition, a constitutional complaint adjudication can be filed.

In addition, a constitutional complaint can also be filed when an administrative agency violates the law or exercises power excessively and thereby infringes an individual's rights.

At this time, not only an individual but also a corporation can file a constitutional complaint, and it can be brought before the Constitutional Court.

However, a constitutional complaint can be filed only after all other relief procedures have been exhausted, so you must carefully check whether other relief procedures exist.

In addition, because a request for constitutional complaint adjudication is not merely a procedure for raising a complaint, specific proof that a right has been infringed is required.

Furthermore, you must be careful not to miss the filing deadline.

Where a fundamental right is infringed by the exercise or non exercise of public authority, the complaint must be filed within 90 days from the day on which the infringement of the fundamental right became known or within 1 year from the day on which the fundamental right was infringed.

Filing a constitutional complaint involves legal procedures that are more complex and demanding than administrative litigation or an ordinary administrative appeal.

Therefore, it is important to sufficiently consider whether to proceed through a consultation with an administrative attorney and to prepare the necessary documents and evidence.