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offence, or where such person is still serving the sentence, he or she shall be released. However, this does not entitle such a person to claim for any compensation or damages.


Section 213. A person whose rights or liberties guaranteed by the Constitution are violated, has the right to submit a petition to the Constitutional Court for a decision on whether such act is contrary to or inconsistent with the Constitution, according to the rules, procedures and conditions prescribed by the Organic Act on Procedures of the Constitutional Court.


Section 214. In the case where a judge of the Constitutional Court must cease performing duties according to section 235 paragraph three, and there are fewer than seven judges remaining, the President of the Supreme Court and the President of the Supreme Administrative Court shall jointly appoint persons who possess the same qualifications and are not under any of the same prohibitions applicable to judges of the Constitutional Court to temporarily perform duties as judges of the Constitutional Court to complete the seat of nine judges. The appointed person shall perform duties as a judge of the Constitutional Court until the judge of the Constitutional Court who has been provisionally replaced is able to perform duties, or until a new judge is appointed to fill the vacancy.


CHAPTER XII

INDEPENDENT ORGANS


Part 1

General Provisions



Section 215. An Independent Organ is an organ established for the independent performance of duties in accordance with the Constitution and the laws. The performance of duties and exercise of powers by an Independent Organ shall be honest, just, courageous, and without any partiality in exercising its discretion.


Section 216. In addition to the qualifications and the prohibitions specifically provided in the Part on each Independent Organ, a person holding a position in an Independent Organ shall have the general qualifications and not be under any of the general prohibitions as follows:

  • (1) being not less than forty-five years but not more than seventy years of age;