Law of South Korea - Judicial System - High Courts - Judges

Judges

The qualification of the judges is delegated by the Korean Constitution to the Court Organization Act. In the Court Organization Act Article 42 states that those who passed the National Judicial Examination and have completed the two year training at the Judicial Research and Training Institute (JRTI), or those who obtained qualifications as lawyers are eligible for becoming a judge. Though a small number of the judges are selected from practicing attorneys, an overwhelming number of them became judges right after graduation from the JRTI. The judicial reform in 2009 which established U.S. style law schools in lieu of the JRTI also requires the new judges to have a few years of law practice.

Judges in South Korea are nominated for their position by the Chief Justice of the Republic of Korea and subsequently confirmed by the Supreme Court Justices Council (a council composed of the Justices of the Supreme Court). Judges serve terms of 10 years, and may be re-appointed to their positions. The nomination process and terms of service above do not apply to Justices of the Supreme Court or to Justices of the Constitutional court, each of which has its own nomination process and term of service. See Supreme Court of South Korea and Constitutional Court of South Korea for the regulations for each.

The Constitution states that judges may not be removed from their offices except through impeachment, conviction of a crime and sentencing to imprisonment, or should they be unable to discharge their duties due to serious mental or physical impairment. The Court Organization Act sets the retirement age of judges as 63 and that for the Supreme Court justices, who are technically not "judge", is 65.

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