The Supreme Court of Korea () is the highest ordinary court in the judicial branch of South Korea, seated in Seocho, Seoul. Established under Chapter 5 of the Constitution of South Korea, the court has ultimate and comprehensive jurisdiction over all cases except those falling under the jurisdiction of the Constitutional Court of Korea. It consists of 13 associate justices, and the only chief justice. The Supreme Court sits atop all ordinary courts in South Korea and has traditionally represented the conventional judiciary of South Korea. The Supreme Court of Korea is one of the two apex courts in South Korea, the other being the Constitutional Court of Korea.
History The original constitution during the First Republic established 'Supreme Court' and 'Constitutional Committee' () in Chapter 5. The Supreme Court was established as the highest ordinary court but lacked the power of constitutional review, which was conferred upon the Constitutional Committee, a sort of constitutional court. This distribution of judicial power inside the judiciary was never fully realized under President Syngman Rhee, whose dictatorship hampered the committee's function and eventually left it unable to re-constitute itself. Though the Supreme Court had no power of judicial review, it enjoyed judicial independence under the first chief justice of the Supreme Court, Kim Byung-ro (), from 1948 to 1957. Known for his participation in the Korean independence movement during the Japanese colonial rule, Chief Justice Kim Byung-ro defended the independence of the judiciary from Syngman Rhee.
However, after Kim Byung-ro's retirement in 1957, the Supreme Court fell to autocratic influence. By sentencing Rhee's political contender Cho Bong-am to death in 1959, and the defendants of People's Revolutionary Party Incident to death in 1975, the Supreme Court gained notoriety for judicial murder () and obediently sentencing capital punishments over spy scandals fabricated by dictators. After the April Revolution, the Constitutional Court was established to replace the Constitutional Committee, but the Supreme Court remained largely unaffected by the changes. After Park Chung Hee's 1961 coup, the Second Republic was dissolved and, after a nominal transition to civilian rule from a military junta, the Third Republic was established in 1962. The Constitutional Court, itself never formed because of the coup, was abolished, and the power of judicial review was transferred to the Supreme Court. Nevertheless, the Supreme Court maintained deference toward the dictator. In 1971, the Supreme Court resisted the oppressive rule of President Park Chung Hee and declared Article 2 of the National Compensation Act () unconstitutional, a statute that limited state liability for injured soldiers during service. President Park retaliated by refusing reappointment of Supreme Court justices, which had been a formality. The Fourth and Fifth Republics would grant a new, differently formed Constitutional Committee with the power of constitutional review but on the condition that an ordinary court first formally submit a request before the committee could hear a case. This extra procedural hurdle was meant to nullify the committee, since the Supreme Court would never authorize such requests for fear of reprisal, while allowing the Park Chung Hee regime to maintain the pretense that it granted the committee full constitutional-review power. It effectively allowed the dictatorial regime to act with impunity. Following 1987 democratization, the Constitutional Court was restored in the Sixth Republic, with the power of constitutional review. To prevent the president from undermining the judiciary again, the 1987 constitutional amendment, which established the Sixth Republic, allows citizens to file a constitutional complaint directly with the Constitutional Court, even if courts refuse to do so.
In 2015, the Organisation for Economic Co-operation and Development ranked the South Korean ordinary judiciary to be one of the most efficient in terms of trial length and trial costs.
Composition
Justices The Court Organisation Act outlines the structure of courts in the country.
The President of South Korea appoints all 14 Supreme Court justices, subject to approval by the National Assembly. The chief justice of the Supreme Court also has the authority to recommend candidates for appointment.
To be eligible for appointment, individuals must be at least 45 years of age, qualify as an attorney at law, and have accumulated over 20 years of experience in legal practice or academia.
Expansion of Supreme Court to 26 justices On 28 February 2026, the South Korean National Assembly passed an amendment to the Court Organization Act, expanding the Supreme Court from 14 justices to 26. The government will appoint four new justices a year for three years from 2028. The changes were then approved by the State Council of South Korea on 5 March 2026.
Supporters justified the expansion to ease a chronic case backlog at the Supreme Court (40,000 substantive cases in 2025, averaging roughly 3,500 cases per justice), reduce reliance on summary dismissals without full review and to better protect citizens' right to a fair trial, while critics called the measure a court-packing scheme.
Council of Supreme Court Justices According to Article 104 Clause 2 of the constitution, the appointment of lower ordinary court judges (), by the chief justice of the Supreme Court requires the consent of the 'Council of Supreme Court Justices' (). This council consists of all Supreme Court justices, including the chief justice. The decision-making process of the council is governed by Article 16 Clause 1, Clause 2, and Clause 3 of the Court Organization Act.
To reach a decision, a simple majority vote among a quorum of two-thirds of all Supreme Court justices is required. In the event of a tie, the chief justice, serving as the permanent presiding chair of the council, has the authority to cast a tie-breaking vote. Article 17 of the Court Organization Act further empowers the council with additional supervisory functions concerning the chief justice's power of court administration.
These functions include the promulgation of interior procedural rules, the selection of judicial precedents for publication, and fiscal planning for all ordinary courts, including the Supreme Court itself. In essence, the Council of Supreme Court Justices serves as a mechanism for collective decision-making and oversight within the Supreme Court, ensuring the fair and effective administration of justice while upholding the principles of transparency and accountability.
Chief Justice of the Supreme Court
According to Article 104 Clause 1 of the constitution, the chief justice of the Supreme Court is appointed by the president of South Korea, subject to the approval of the National Assembly. The requirements for experience and age for the chief justice are the same as those stipulated for associate Supreme Court justices under Article 42 Clause 1 of the Court Organization Act.
The role of the chief justice extends beyond serving as the presiding member of en banc hearings (or Grand Bench, ), which are composed of more than two-thirds of all 14 justices. In addition to this crucial responsibility, the chief justice has other significant functions.
Under Article 111 Clause 3 of the constitution, the chief justice nominates candidates for three out of the nine Constitutional Court justices. Furthermore, the chief justice serves as the chairperson of the Council of Supreme Court Justices.
Moreover, the chief justice appoints one of the associate Supreme Court justices to the position of Minister of National Court Administration (). This appointment involves selecting a justice to fulfill the administrative duties associated with managing the national court system. Additionally, with the consent of the Council of Supreme Court Justices, the chief justice appoints all lower court judges in ordinary courts.
Tenure Article 105 Clause 1, Clause 2, and Clause 4 of the constitution, along with Article 45 Clause 4 of the Court Organization Act, outline the term of associate justices of the Supreme Court. Their term is initially set at six years and can be renewed until the mandatory retirement age of 70. However, in the current Sixth Republic, no justices have attempted to renew their term through reappointment. This is due to the potential risk to the judicial independence of the court that may arise from such renewal attempts.
During their term, as stated in Article 106 Clause 2 of the constitution, justices cannot be removed from office except through impeachment or a sentence of imprisonment. Furthermore, engaging in any political party affiliations or activities is strictly prohibited under Article 43(1) and 49 of the Court Organization Act.
A significant aspect of Supreme Court justices is that they can be compelled to retire against their will while serving their term if they are deemed to have severe mental or physical impairment. This retirement order () is explicitly stipulated in Article 106 Clause 2 of the constitution and Article 47 of the Court Organization Act. Similarly, the chief justice of the Supreme Court has the authority to order the retirement of lower ordinary court judges if they are found to have impairments. This retirement order system represents a significant distinction between Supreme Court justices and Constitutional Court justices. The latter cannot be ordered to retire due to impairment, as there is no statutory provision establishing such a system in the Constitutional Court Act.
Current justices Name Born Appointed by Recommended by Education First day / Length of service Jo Hee-de (Chief Justice) (age ) in Gyeongju Yoon Suk Yeol Nominated by the President of the Republic of Korea subject to the National Assembly's approval Seoul National University / (age ) in Busan Seoul National University / (age ) in Iksan Seoul National University / Oh Seok-joon (age ) in Paju Seoul National University / (age ) in Seoul Seoul National University / (age ) in Seoul Seoul National University / (age ) in Jinju Seoul National University / (age ) in Seoul Seoul National University / (age ) in Haenam Seoul National University / (age ) in Busan Seoul National University / Lee Sook-yeon (age ) in Incheon Korea University / (age ) in Hapcheon Seoul National University / Kim Seong Soo (age ) in Hampyeong Hanyang University /
Organization
Research judges The research division of the Supreme Court () comprises officials who provide support to the Supreme Court justices. These officials, referred to as research judges (formerly known as judicial researchers or research judges), are governed by Article 24 Clause 3 of the Court Organization Act.
There are two categories of research judges. The first category consists of lower ordinary court judges who are seconded to the Supreme Court by order of the chief justice. The second category, known as judicial researchers, comprises experts who are not lower ordinary court judges. Judicial researchers are appointed for a maximum term of three years, while research judges are typically seconded to work in the Supreme Court for one to two years.
This system of research judges and judicial researchers is influenced by the German concept of "Wissenschaftlichen Mitarbeiter" (Research Associates). In Germany, Research associates are lower court judges who are seconded to federal courts for up to five years, serving as judicial assistants to judges in the highest courts.