The Courts

Article 101  [Courts]
(1) Judicial power is vested in courts composed of judges.
(2) The courts comprise the Supreme Court, which is the highest court of the State, and courts at specified levels.
(3) Qualifications for judges are determined by law.
 
Article 102  [Court Organization]
(1) Departments may be established in the Supreme Court.
(2) There are 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 law.
(3) The organization of the Supreme Court and lower courts is determined by law.
 
Article 103  [Independence of Judges]
Judges rule independently according to their conscience and in conformity with the Constitution and the law.
 
Article 104  [Appointment of Judges]
(1) The Chief Justice of the Supreme Court is appointed by the President with the consent of the National Assembly.
(2) The Supreme Court Justices are 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 are appointed by the Chief Justice with the consent ofthe Conference of Supreme Court Justices.
 
Article 105  [Term of Judges]
(1) The term of office of the Chief Justice is six years and he cannot be reappointed.
(2) The term of office of the Justices of the Supreme Court is six years and they may be reappointed as prescribed by law.
(3) The term of office of judges other than the Chief Justice and Justices of the Supreme Court is ten years, and they may be reappointed under the conditions as prescribed by law.
(4) The retirement age of judges is determined by law.
 
Article 106  [Sanctions, Early Retirement]
(1) No judge may be removed from office except by impeachment or a sentence of imprisonment or heavier punishment, nor may he be suspended from office, have his salary reduced, or suffer any other unfavorable treatment except by disciplinary action.
(2) In the event a judge is unable to discharge his official duties because of serious mental or physical impairment, he may be retired from office under the conditions as prescribed by law.
 
Article 107  [Constitutional Review]
(1) When the constitutionality of a law is at issue in trial, the court requests a decision of the Constitutional Court, and judges according to the decision thereof.
(2) The Supreme Court has the power to make a final review of the constitutionality or legality of administrative decrees, regulations or actions, when their constitutionality or legality is at issue in a trial.
(3) Administrative appeals may be conducted as a procedure prior to a judicial trial.  The procedure of administrative appeals are determined by law and are in conformity with the principles of judicial procedures.
 
Article 108  [Court Administration]
The Supreme Court may establish, within the scope of law, regulations, pertaining to judicial proceedings and internal discipline and regulations on administrative matters of the court.
 
Article 109  [Publicity]
Trials and decisions of the courts are open to the public: Provided, that when there is a danger that such trials may undermine the national security or disturb public safety and order, or be harmful to public morals, trials may be closed to the public by court decision.
 
Article 110
(1) Courts martial may be established as special courts to exercise jurisdiction over military trials.
(2) The Supreme Court has the final appellate jurisdiction over courts martial.
(3) The organization and authority of courts martial, and the qualifications of their judges are determined by law.
(4) Military trials under an extraordinary martial law may not be appealed in case of crimes of soldiers and employees of the military; military espionage; and crimes as defined by law in regard to sentinels, sentry posts, supply of harmful foods and beverages, and prisoners of war, except in the case of a death sentence.