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Key Facts: Higher Court Administration Exam Exam

Grade 5

Appointment rank (법원사무관) upon passing and completing judicial training

https://exam.scourt.go.kr

KRW 10,000

Official Grade 5 application fee

https://exam.scourt.go.kr

PSAT + Law

Two-phase testing curriculum combining aptitude and deep legal doctrine

https://exam.scourt.go.kr

법원행정고등고시 is the Supreme Court of Korea's Grade 5 civil service examination. Stage 1 tests PSAT and Constitutional Law; Stage 2 tests subjective legal essays; Stage 3 is an interview. Application fee is KRW 10,000. This OpenExamPrep bank provides 100 independent English MCQ study questions covering judicial PSAT logic, Constitutional, Civil, and Administrative Law.

Sample Higher Court Administration Exam Practice Questions

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1Under Article 107 of the Constitution of the Republic of Korea, which of the following correctly describes the constitutional division of judicial review authority between the ordinary courts and the Constitutional Court?

A.The Supreme Court has the exclusive power to determine the constitutionality of statutes without referral to any other tribunal.

B.When the constitutionality of a statute is at issue in a trial, the ordinary court requests the Constitutional Court to adjudicate, whereas the Supreme Court has final review over orders, rules, and administrative dispositions.

C.The Constitutional Court reviews all administrative regulations and ordinances, while ordinary courts are restricted strictly to factual determinations.

D.The President refers challenged statutes directly to the Supreme Court for pre-enactment abstract constitutional review.

Explanation: Article 107(1) of the Korean Constitution establishes that when the unconstitutionality of a statute is a prerequisite for judgment in an ongoing trial, the ordinary court submits a request to the Constitutional Court for adjudication. Under Article 107(2), the Supreme Court serves as the court of final instance for reviewing the constitutionality or legality of administrative decrees, regulations, or dispositions when their validity is at issue in a trial.

2Under Article 104 of the Constitution of the Republic of Korea, which procedural requirement is legally mandated for the appointment of the Chief Justice and the Associate Justices of the Supreme Court?

A.The Chief Justice is appointed by the President with the consent of the National Assembly, and Supreme Court Justices are appointed by the President on the recommendation of the Chief Justice with the consent of the National Assembly.

B.The Chief Justice is elected directly by the Council of Supreme Court Justices and confirmed by a two-thirds majority in the National Assembly.

C.Both the Chief Justice and Supreme Court Justices are appointed unilaterally by the President without parliamentary consent, subject only to a subsequent confirmation hearing.

D.Supreme Court Justices are appointed by the Minister of Justice upon nomination by the Judicial Recommendation Committee and confirmed by the Prime Minister.

Explanation: Under Article 104(1) of the Constitution, the Chief Justice of the Supreme Court is appointed by the President with the consent of the National Assembly. Under Article 104(2), Associate Justices of the Supreme Court are appointed by the President upon the recommendation of the Chief Justice and with the consent of the National Assembly.

3Under the Court Organization Act (법원조직법), which of the following matters requires the deliberation and consent of the Council of Supreme Court Justices (대법관회의)?

A.Adopting or amending Supreme Court Rules and consenting to the appointment of general judges

B.Issuing formal pardons and commutations to criminal offenders

C.Drafting the state general budget for the Ministry of Economy and Finance

D.Initiating impeachment prosecutions against ministers of state

Explanation: Under Article 16 and Article 17 of the Court Organization Act, the Council of Supreme Court Justices, comprised of all Supreme Court Justices and presided over by the Chief Justice, deliberates on the enactment and revision of Supreme Court Regulations, the consent required for appointing general judges, and budgetary requests for the judiciary.

4Under Article 68(1) of the Constitutional Court Act (헌법재판소법), what is the general rule and recognized exception regarding constitutional complaints (헌법소원심판) brought against court judgments?

A.All ordinary court judgments are directly appealable to the Constitutional Court within 30 days of rendition.

B.Judgments of ordinary courts are excluded from constitutional complaints, except where a court applies a statute already declared unconstitutional by the Constitutional Court, thereby infringing fundamental rights.

C.Judgments of the District Courts and High Courts may be challenged, but judgments of the Supreme Court are strictly excluded without exception.

D.Court judgments are subject to constitutional complaints only if the Chief Justice grants a discretionary writ of certiorari.

Explanation: Article 68(1) of the Constitutional Court Act explicitly excludes judgments of the ordinary courts (법원의 재판을 제외하고) from the scope of constitutional complaints. However, under established Constitutional Court jurisprudence (e.g., 96Hun-Ma172 en banc), an exception exists where an ordinary court renders a judgment applying a statute that has already been declared unconstitutional by the Constitutional Court, in which case the judgment itself may be quashed via constitutional complaint.

5Under the Civil Procedure Act provisions on judicial impartiality (제척·기피), which scenario triggers mandatory statutory disqualification (제척) by operation of law rather than a discretionary motion for challenge (기피)?

A.The judge has a personal friendship with one of the litigating attorneys from university days.

B.The judge was formerly an employee of a corporate co-defendant two years prior to the litigation.

C.The judge is the spouse or former spouse of one of the principal parties to the lawsuit.

D.The judge previously expressed an academic opinion in a law journal regarding the legal doctrine at issue.

Explanation: Under Article 41(1) of the Civil Procedure Act, a judge is excluded by operation of law (제척) if the judge, or the judge's spouse or former spouse, is a party to the case or shares a common right or obligation with a party. Other subjective concerns, such as friendship or professional affiliations, constitute grounds for challenge (기피) under Article 43 on grounds of apprehension of unfairness, but do not operate automatically as statutory exclusion.

6Article 8 of the Court Organization Act governs the binding effect of decisions made by superior courts upon remand. Which of the following statements accurately reflects this statutory rule?

A.A decision rendered by an appellate court on an issue of fact or law binds lower courts in all subsequent unrelated litigations across the country.

B.Any judgment of a superior court binds the lower court strictly with respect to the specific case that was remanded or transferred.

C.Supreme Court precedents are merely advisory and lower courts may freely disregard them in identical cases on remand.

D.Lower courts are bound by the findings of fact of superior courts, but remain free to overturn the superior court's legal determinations on remand.

Explanation: Article 8 of the Court Organization Act states: 'Any judgment made in a trial by a court of higher instance shall bind lower courts with respect to the case concerned (상급법원의 재판에 있어서의 판단은 당해 사건에 관하여 하급심을 기속한다).' Under Korean law, stare decisis in the strict Anglo-American common law sense does not formally apply; superior court judgments exert binding legal effect specifically on the remand of that particular case.

7Under Article 106(1) of the Constitution of the Republic of Korea, under what conditions may a judge be removed from office against their will?

A.By an executive order issued by the Minister of Justice following an adverse administrative performance review

B.Only by impeachment or by a sentence of imprisonment without prison labor or heavier punishment

C.By a simple majority vote of the Council of Supreme Court Justices based on judicial inefficiency

D.By a joint resolution of the National Assembly and the State Council without trial

Explanation: Article 106(1) of the Constitution provides: 'No judge shall be removed from office except by impeachment or a sentence of imprisonment without prison labor or heavier punishment (탄핵 또는 금고 이상의 형의 선고); nor shall a judge be suspended from office, have their salary reduced, or suffer any other unfavorable treatment except by disciplinary disposition.'

8Article 108 of the Constitution empowers the Supreme Court to establish procedural regulations. What is the constitutional scope and limitation of this rule-making power?

A.Supreme Court rules prevail over Acts passed by the National Assembly in cases of normative conflict.

B.The Supreme Court may create criminal offenses and substantive civil liabilities through procedural rules.

C.The Supreme Court may enact rules regarding judicial proceedings, internal discipline, and administrative court affairs within the bounds of Acts.

D.Supreme Court rules require prior formal approval and counter-signature by the Prime Minister before taking effect.

Explanation: Article 108 of the Constitution states: 'The Supreme Court may establish rules relating to judicial proceedings, internal discipline of the courts, and administrative court affairs within the scope of Acts (법률의 범위 안에서 소송에 관한 절차, 법원의 내부규율과 사무처리에 관한 규칙을 제정할 수 있다).' Such rules are subordinate to Acts (statutes enacted by the National Assembly).

9When an ordinary court requests the Constitutional Court to review the constitutionality of a statute under Article 107(1), which requirement must be satisfied regarding the 'prerequisite for judgment' (재판의 전제성)?

A.The statute must have caused immediate financial injury to the presiding judge.

B.The request must be approved in advance by a national referendum or a two-thirds vote of the Bar Association.

C.The plaintiff and defendant must unanimously stipulate in writing that the law is invalid.

D.A concrete case must be pending before the court, the statute must be applicable to that case, and the ruling on constitutionality must alter the conclusion or legal meaning of the judgment.

Explanation: Under long-standing constitutional doctrine, the prerequisite for judgment (재판의 전제성) requires three elements: (1) a concrete dispute is currently pending before the ordinary court; (2) the statute in question must be applied in resolving that dispute; and (3) whether the statute is constitutional or unconstitutional must affect the operative conclusion (주문) of the judgment or its fundamental legal rationale.

10What does the 'right to be tried by a judge qualified under the Constitution and the law' guaranteed by Article 27(1) of the Constitution entail according to Constitutional Court precedents?

A.Litigants are entitled to choose the individual judge who hears their case through personal preference.

B.Every citizen has the constitutional right to have lay juries render final binding verdicts in all civil and criminal cases.

C.Trials must be conducted by judges appointed and organized pursuant to pre-established legal rules, protecting litigants against arbitrary ad hoc tribunals.

D.Courts must always comprise panels of at least nine judges for all summary proceedings.

Explanation: Article 27(1) guarantees the right to trial by a lawful judge (헌법과 법률이 정한 법관에 의한 재판을 받을 권리). The Constitutional Court has consistently held that this requires courts to be organized and jurisdiction to be allocated according to pre-established general laws (the principle of the lawful judge / 법정법관 원칙), preventing the state from setting up arbitrary special courts or manipulating panel assignments.

About the Higher Court Administration Exam Exam

The Higher Court Administration Examination (법원행정고등고시) is South Korea's premier competitive examination for recruiting senior Grade 5 administrative officials (사무관) for the judicial branch. Administered by the Supreme Court's Court Administration Office, it is renowned for its extreme selectivity and rigorous multi-stage legal and analytical assessment.

Exam sponsor: Supreme Court of Korea Court Administration Office (대법원 법원행정처). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Three-stage senior judicial service examination: Stage 1 PSAT and Constitutional Law; Stage 2 subjective legal essay examination across 5 core subjects; Stage 3 interview.

Time Limit

Stage 1: 90 minutes per PSAT area (270 minutes) + 25 minutes Constitution; Stage 2: two-day essay test

Passing Score

Stage 1: 60+ on Constitution, relative ranking up to 15x quota; Stage 2: 40+ floor per subject, top score up to 150% quota; final pass after interview

Exam / Certification Fees

KRW 10,000 (Grade 5 application fee)

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

25% of bank (25 questions)

Judicial PSAT & Constitutional Law

Verbal and situation judgment, constitutional rights, judicial independence, and court organization.

25% of bank (25 questions)

Civil Law: General & Property Law

Juridical acts, agency, prescription, real rights, property transfers, and mortgages.

20% of bank (20 questions)

Civil Law: Obligations & Contracts

Contract formation, non-performance, damages, assignment, and tort liabilities.

15% of bank (15 questions)

Civil Procedure Law

Jurisdiction, legal standing, trial proceedings, res judicata, and appellate review.

15% of bank (15 questions)

Administrative Law & Judicial Review

General Act on Public Administration, administrative acts, state liability, and litigation remedies.

Preparing for the Higher Court Administration Exam Exam

What You Need to Know

Passing score: Stage 1: 60+ on Constitution, relative ranking up to 15x quota; Stage 2: 40+ floor per subject, top score up to 150% quota; final pass after interview
Assessment: Three-stage senior judicial service examination: Stage 1 PSAT and Constitutional Law; Stage 2 subjective legal essay examination across 5 core subjects; Stage 3 interview.
Time limit: Stage 1: 90 minutes per PSAT area (270 minutes) + 25 minutes Constitution; Stage 2: two-day essay test
Exam / certification fees: KRW 10,000 (Grade 5 application fee) Official sources

Using Our Practice Resources

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Higher Court Administration Exam: Suggested Study Strategy

1Master the fundamental rights jurisprudence of the Constitutional Court regarding judicial procedures.

2Thoroughly analyze Supreme Court civil case precedents dealing with breach of contract and property acquisition.

3Understand the scope and preclusive effects of res judicata (기판력) in Civil Procedure Law.

4Focus on the General Act on Public Administration and revocation lawsuit requirements in Administrative Law.

Frequently Asked Questions

What is the primary role of officials selected through this examination?

Successful candidates are appointed as Grade 5 administrative officers (법원사무관) in the Supreme Court, High Courts, District Courts, and the Court Administration Office, managing judicial administration, court registries, and judicial policy.

What is the examination fee?

The official application fee is KRW 10,000, payable online at exam.scourt.go.kr.

How does this practice bank adapt the official examination?

The official Stage 2 exam is a written essay test; this OpenExamPrep bank adapts its key legal principles, statutory doctrines, and case law into rigorous four-option multiple-choice study items in English.