Noh Kyung-pil
Overview
Noh Kyung-pil (노경필, 盧景弼, born 1961) is a South Korean legal professional who served as the 22nd Supreme Court Justice and a Justice of the Constitutional Court of Korea. He is recognized for his dedication to strengthening the independence of the judiciary and protecting fundamental rights, particularly playing a significant role in major cases such as constitutional review of statutes and impeachment trials during his tenure as a Constitutional Court Justice.
Main Content
Life and Education
Noh Kyung-pil was born in Seoul in 1961. He graduated from Seoul National University's College of Law and passed the 25th bar examination. After completing the Judicial Research and Training Institute, he was appointed as a judge and entered the legal profession.
Legal Career
- As a Judge: He served as a judge at the Seoul District Court, Daejeon District Court, and Busan High Court, handling both criminal and civil cases. He gained attention for progressive rulings in human rights-related cases.
- Supreme Court Justice: From 2010 to 2016, he served as a Supreme Court Justice, contributing to judicial administrative reform and enhancing the transparency of trial procedures. Notable opinions include a dissenting opinion in the 'conscientious objection to military service' case and a ruling expanding 'freedom of assembly'.
- Constitutional Court Justice: From 2016 to 2022, he served as a Justice of the Constitutional Court, participating in landmark cases such as the impeachment trial of President Park Geun-hye, a constitutional complaint on the Personal Information Protection Act, and a decision of constitutional nonconformity on the abortion ban. In particular, he presented opinions emphasizing constitutional procedures in the impeachment trial.
Major Rulings and Opinions
- Conscientious Objection to Military Service: As a Supreme Court Justice, he issued a dissenting opinion arguing that refusal of military service based on religious beliefs should be recognized. This later led to a full bench decision of the Supreme Court, forming the basis for a constitutional nonconformity ruling on Article 5 of the Military Service Act.
- Freedom of Assembly: In a constitutional complaint regarding the 'prohibition of outdoor assembly at night,' he concurred with the Constitutional Court's decision of unconstitutionality, judging that the ban on nighttime assemblies was an excessive restriction.
- Personal Information Protection: In a case concerning procedures for consent to the collection and use of personal information, he emphasized the right to self-determination of data subjects and pointed out the unconstitutionality of provisions in the Act on Promotion of Information and Communications Network Utilization and Information Protection.
Academic Contributions
Noh Kyung-pil has published numerous papers in legal journals and is recognized in academia, particularly for his research on constitutional adjudication and the protection of fundamental rights. His major work includes Theory and Practice of Constitutional Adjudication (2018).
Recent Developments
As of 2024, Noh Kyung-pil is serving as a professor at a law school after retirement, focusing on training future legal professionals. Recently, he has been actively giving lectures on AI and law, as well as digital human rights. In 2025, he plans to host an international academic conference on the theme 'Fundamental Rights in the Digital Age.' Additionally, he has expressed concerns about the crisis of judicial independence and is participating in public discourse to improve the judicial appointment system.
Related Topics
- [[Constitutional Court of Korea]]
- [[Impeachment of Park Geun-hye]]
- [[Conscientious objection to military service]]
- [[Judicial reform]]
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