Constitutional Court to Review Case of 'CEO Acquitted, Corporation Fined'

Court Decision Dismissing Corporate Retrial Request
Despite CEO’s Acquittal Faces Constitutional Review

A court decision to dismiss a corporate retrial request, even though the company’s CEO as the main actor was found not guilty, is now set to be reviewed by the Constitutional Court.

Constitutional Court, Jongno-gu, Seoul. Yonhap News

On July 14, the Constitutional Court announced that, following deliberation by its designated judge panel, it had referred the case—filed by metal assembly structure manufacturer Company A, seeking the cancellation of a court's decision rejecting its retrial request—to a full bench review.

Both Company A and its CEO, Mr. B, received summary orders imposing a fine of 1.5 million won each from the Changwon District Court in December 2022, after being charged in October 2017 for installing a waste incinerator without prior notification, in violation of the Wastes Control Act.

The dual liability provision under the Wastes Control Act was applied to Company A. This provision holds not only the individual—the company’s representative or employee—responsible for violations, but also extends liability to the corporation itself.

Mr. B requested a formal trial and was ultimately acquitted on appeal, with the not guilty verdict confirmed in August 2024. However, Company A missed the window to request a formal trial, resulting in the summary order against it becoming final.

Company A subsequently filed for a retrial, arguing that under the dual liability provision, the corporation should also be acquitted if the actual actor was found not guilty. However, in August 2025, the Changwon District Court rejected the retrial request, stating that there were no valid grounds for retrial. The Supreme Court also dismissed Company A’s further appeal in March of this year, rendering the same judgment.

As a result, Company A filed a constitutional complaint in April, seeking cancellation of the Supreme Court’s dismissal of its final appeal. The full bench of the Constitutional Court is now set to deliberate on the tension between legal stability and the principle of substantive justice in retrial proceedings, which exist as emergency remedies for unjust convictions. The court explained that the review will address multiple issues, including the scope of retrial under the special nature of dual liability provisions that span both criminal and administrative law, and the balance between legal stability and the realization of substantive justice.

Meanwhile, since the introduction of the system on March 12 of this year, a cumulative total of 1,463 constitutional complaint cases seeking to cancel court rulings have been filed. Of these, 13 cases have passed preliminary review and will be ruled on by the full bench, while 1,109 cases have been dismissed due to reasons such as failure to meet requirements.

This content was produced with the assistance of AI translation services.