「CONSTITUTION OF THE REPUBLIC OF KOREA」
Article 102 (1) Departments may be established in the Supreme Court.
(2) There shall be Supreme Court Justices at the Supreme Court: Provided, That judges
other than Supreme Court Justices may be assigned to the Supreme Court under the
conditions as prescribed by Act.
(3) The organization of the Supreme Court and lower courts shall be determined by Act.
Article 103 Judges shall rule independently according to their conscience and in conformity
with the Constitution and laws.
Article 104 (1) The Chief Justice of the Supreme Court shall be appointed by the President
with the consent of the National Assembly.
(2) The Supreme Court Justices shall be appointed by the President on the
recommendation of the Chief Justice and with the consent of the National Assembly.
(3) Judges other than the Chief Justice and the Supreme Court Justices shall be appointed
by the Chief Justice with the consent of the Conference of Supreme Court Justices.
Article 105 (1) The term of office of the Chief Justice shall be six years and he shall not be
reappointed.
(2) The term of office of the Justices of the Supreme Court shall be six years and they may
be reappointed as prescribed by Act.
(3) The term of office of judges other than the Chief Justice and Justices of the Supreme
Court shall be ten years, and they may be reappointed under the conditions as prescribed
by Act.
(4) The retirement age of judges shall be determined by Act.
Article 106 (1) No judge shall be removed from office except by impeachment or a sentence
of imprisonment without prison labor or heavier punishment, nor shall he/she be
suspended from office, have his/her salary reduced or suffer any other unfavorable
treatment except by disciplinary action.
(2) In the event a judge is unable to discharge his/her official duties because of serious
mental or physical impairment, he/she may be retired from office under the conditions as
prescribed by Act.
Article 107 (1) When the constitutionality of a law is at issue in a trial, the court shall request
a decision of the Constitutional Court, and shall judge according to the decision thereof.
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