The Constitutional Court of Korea’s efforts to protect the basic rights of citizens includes the obligation to employ persons with disabilities. The Constitutional Court of Korea justifies the requirement that all business actors employ a certain percentage of people with disabilities. This was conveyed by Justice of the Constitutional Court of Korea Seon Ae Lee in "The 3rd Indonesian Constitutional Court International Symposium (ICCIS 2019), Short Course, and Call for Papers" held by the Constitutional Court of the Republic of Indonesia (MKRI) in Nusa Dua, Bali, Monday (04/11/2019).

Any businesses not meeting this requirement, Lee added, will be charged with certain fees as compensation for non-compliance with the constitution. "So, it is compulsory for every company to promote employment for people with disabilities because basically the provisions in question do not violate the freedom of work and property rights of a business," Lee said in the second session of the international symposium under the theme "Asian Perspectives." 

Lee also explained that the basic social rights of Korean society are contained in Articles 31-36 of the Constitution of Korea, which includes the protection of the rights to education, work, life with dignity, and a healthy livelihood. However, the constitution does not explain those rights in detail. Therefore, the Constitutional Court of Korea provides explanation through its positive laws.

Lee admitted that besides the Constitutional Court, the state must also fulfill those basic rights, including providing adequate funding, such as to accommodate and provide substantive benefits in the form of subsidies, services, facilities, etc. In relation to state involvement, the constitution imposes an obligation on the state to engage in social issues in order to create a just social order in all aspects including economy, social, and culture. "In the end this will provide harmony for citizens in using their freedom in the fulfillment of their basic rights," Lee said in a presentation moderated by Deputy President of the Constitutional Court of Turkey Engin Yildirim. 

Free and Fair Competition

In the same session, Justice of the Constitutional Court of the Kingdom of Thailand Udomsak Nitimontree in his presentation entitled "The Constitutional Court of the Kingdom of Thailand and the Protection of Social and Economic Rights" explained that the provisions relating to social and economic rights have been firmly guaranteed since the first constitution of the Kingdom of Thailand was passed in 1932. Section 13 of the Constitution of Thailand guarantees freedom of faith as long as it does not conflict with public order. In addition, Section 14 guarantees freedom of residence, property, and employment. Social and economic rights are further strengthened by the establishment of the Constitutional Court of the Kingdom of Thailand in 1998. "Until now, the Thai Constitutional Court has the authority and duties, especially in [judicial review for] its citizens," Nitimontree explained in the international symposium on "Constitutional Court and the Protection of Social and Economic Rights." 

In his presentation, Nitimontree exemplified the involvement of the Constitutional Court in fulfilling the economic rights of citizens, especially on protection of fair trade competition. The Thai Constitutional Court in one of its decisions reviewed the provision prohibiting business owners from selling food or drinks between 01:00 and 05:00. The Constitutional Court believed that this was a restriction of the people\'s freedom to engage in a free and fair business competition.

"According to the Constitutional Court, the provision also burdens other people who need to consume food or drinks during that time. So, based on the above reasons, the Constitutional Court was of the opinion that the provision was unconstitutional," said Nitimontree before nine Constitutional Court Justices of Indonesia and delegations of AACC member countries such as Afghanistan, Azerbaijan, Kazakhstan, South Korea, Kyrgyzstan, Malaysia, Mongolia, Myanmar, Pakistan, Russia, Thailand, Turkey, Uzbekistan, India, and the Maldives, as well as researchers from various other friendly countries. 

Another speaker, Judge Nikolai Melnikov of the Constitutional Court of the Russian Federation, expressed the importance of the economic rights of citizens, especially in terms of property ownership and freedom of economic activity. In addition, Chairman of the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic Karybek Duisheev in his presentation stressed the importance of social protection for citizens by understanding the rule of law and the market economy. 

Next, Chairman of Constitutional Council of the Republic of KazakhstanKairat Mami Abdrazakuly presented a paper entitled "Protection of Social and Economic Rights of Citizens in the Practice of the Constitutional Council of Kazakhstan" while Judge Tin Tin Mying of the Constitutional Tribunal of Myanmar presented a paper on "The Jurisdiction of the Constitutional Tribunal and Constitutional Protection of Socio Economic Rights in Myanmar."

The Constitutional Court of the Republic of Indonesia (MKRI) as Permanent Secretary of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC) for Planning and Coordination continues to strive to share ideas and experiences in the development of constitutions in the world. Through ICCIS, Short Course, and Call for Papers within this international symposium on November 2-7, 2019, it is hoped that the cooperation with many participating countries can be improved so that the role of constitutional courts and similar institutions increases in protecting the constitutional rights of citizens of the world. (Sri Pujianti)

Translated by: Dedy/Yuniar Widiastuti