In what cases can a constitutional petition be filed?

I have confirmed that you have inquired about the conditions for filing a constitutional petition.

A constitutional petition refers to a system that requests relief for violated fundamental rights when the people's constitutionally guaranteed fundamental rights are infringed by public power.

First, if the freedoms and rights guaranteed by the Constitution are infringed, you can file a constitutional petition.

For example, if an individual's property rights, freedom rights, and equality rights are unjustly infringed due to an unjust administrative disposition, you can file a petition for adjudication.

In addition, you can also file a constitutional petition when an administrative agency violates the law or excessively exercises power, infringing on individual rights.

At this time, both individuals and corporations can file constitutional petitions, and you can file them with the Constitutional Court.

However, since you can file a constitutional petition only after going through all other relief procedures, you must thoroughly check whether there are other relief procedures.

In addition, since the filing of a constitutional petition adjudication is not a procedure to simply raise complaints, specific proof that rights have been infringed is required.

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

If fundamental rights are infringed by the exercise or non-exercise of public power, you must file within 90 days from the date you became aware of the infringement of fundamental rights or within 1 year from the date the infringement of fundamental rights occurred.

The constitutional petition has more complex and demanding legal procedures than administrative lawsuits and general administrative adjudications.

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