Constitutional Court to review first 'trial appeal' case involving GC Biopharma fine

The Hankyoreh highlights a significant development in South Korean jurisprudence as the Constitutional Court accepts its first 'trial appeal' case. This new system allows the Constitutional Court to review and potentially overturn final court rulings that are found to have infringed upon a litigant's basic rights.

The case involves GC Biopharma, which was fined approximately 2 billion won by the Fair Trade Commission for alleged bid-rigging in vaccine purchases between 2017 and 2019. While administrative courts upheld the fine, a criminal court later acquitted GC Biopharma, ruling that the company's actions did not constitute bid-rigging due to a lack of substantial competition.

GC Biopharma argues that the Supreme Court's decision to dismiss its administrative appeal without full deliberation, despite the acquittal in the criminal case, constitutes a violation of its right to trial and property rights. The company's petition to the Constitutional Court, therefore, centers on this perceived inconsistency and injustice in the judicial process.

This case is crucial as it sets a precedent for the trial appeal system. The Constitutional Court's decision will not only impact GC Biopharma but also shape how future cases with conflicting judicial outcomes are handled, potentially offering a new avenue for redress for citizens who feel their fundamental rights have been compromised by court rulings.