헌재, ‘재판소원 1호’ 녹십자 과징금 취소 사건 공개변론 열기로

The Constitutional Court has announced the opening of public arguments for the 'Taejo 1st Judgment' case involving the combined bid and fine of the "Lotus" vaccine procurement. This marks the first time such a process is being implemented for a case heard by a single bench. The Constitutional Court announced on the 1st that the public argument for the Lotus case will be held on the 7th at 3pm at the Supreme Court in Seoul.

This case is the first of its kind to be transferred from a lower court to the Supreme Court after passing through the preliminary examination process. The key issue in this case is whether the Supreme Court should hear the appeal without conducting a full hearing, in a situation where two separate rulings on the same issue have led to conflicting judgments - one in a criminal case and another in an administrative proceeding.

Under the Constitutional Court Act, oral arguments are typically conducted in written form, but the court may decide to hold a public argument if it considers it necessary, taking into account factors such as the need for expert opinions or input from third parties. The Lotus party had filed a lawsuit against the Ministry of Health and Welfare for exceeding the procurement price of three vaccine purchase bids in 2017-2019, and was awarded a fine of 20.35 billion won by the Fair Trade Commission.

The party opposed this decision in administrative court, but the Supreme Court upheld the fine. The Lotus party then appealed to the Supreme Court, arguing that the case should not be dismissed as a matter of constitutional or legal violation and that they are asserting violations of their judicial rights and property rights. The Constitutional Court is currently gathering comments from both parties regarding the scope and limits of judicial rights protection.