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Chapter Law Content

Chapter III. Petitions Concerning Constitutionality of Laws and Constitutional Complaints
Section 2 Petitions Concerning Constitutionality of Laws Lodged by Courts
Article 55
(Petitions Lodged by Courts)
A court which strongly believes, on reasonable grounds, that an applicable statutory law on whose validity depends the court's decision of a pending case is in contravention of the Constitution may lodge a petition with the Constitutional Court for a judgment declaring the impugned applicable law unconstitutional.
Article 56
(Contents of Pleadings Submitted by Courts)
Petitions under this Section shall be submitted in writing and include the particulars below:
(1) the petitioning court and the name of the petitioning judge thereof;
(2) claims;
(3) the extent to which the impugned statutory law contravenes the Constitution and the relevant constitutional provisions or basic rights protected under the Constitution;
(4) the grounds for the petition, the showing that the impugned statutory law is necessary for the decision on the pending case, and the petitioning court's submission indicating its strong belief that the impugned statutory law is unconstitutional on the basis of objective reasons; and
(5) the titles of the annexes and the number thereof.
Article 57
(Suspension of Proceedings of Underlying Cases)
When the petitioning court suspends the proceedings of the underlying case by a ruling on the grounds that it lodges a petition with the Constitutional Court under this Section, it shall include its pleading submitted in accordance with the preceding Article in the suspension ruling. In case of emergency, the petitioning court may take necessary measures.
Article 58
(Application mutatis mutandis of Articles 51 to 54)
Articles 51 to 54 shall apply mutatis mutandis to the cases under this Section.
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