Law And Democracy In South Korea

The sweeping changes that have taken place in South Korea¿s governing institutions since the adoption of a new constitution in 1987 have affected and even transformed many aspects of Korean society. Dae-Kyu Yoon adopts a legal perspective to explore the trajectory of the country¿s democratic consolidation. Ranging from processes to structures to issues of social justice, he sheds important light on the role of law in democratic development.

Expert contributors examine the challenges of fully implementing the rule of law in South Korea's fledgling democracy and market economy. The expert contributors detail the obstacles that must be overcome, such as corruption in politics and corporate governance and a deep-rooted cultural indifference to the rights of the individual, and offer suggestions on what can—and what should not—be done.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1974.

ÔAs dynamic as legal change has been in South Korea, it has also been understudied, at least until the arrival of this wonderful collection of essays. The authors, who are all leading figures in the field, demonstrate convincingly that Korean experience is relevant to many of the contemporary questions in law and society studies, including how to understand the dynamics of legal change, the role of law in development, the nature of transitional justice, and law in the postcolonial state. Every law and society scholar should read this book.Õ Ð Tom Ginsburg, University of Chicago, US This book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful. The contributors examine societal and historical conditions that are reflected in Ð or that were shaped by Ð the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed the contributions provide novel views, theories and information about South Korean law and society. Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this compendium will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book.

South Korea has been through important changes since its democratization in the late 1980s – most recently in 2016–2017 when the candlelight protests led to the ousting of Park Geun-hye and the election of Moon Jae-in. Taking a thematic approach to understanding South Korean democracy, each chapter in this textbook is written by a leading Korean expert on a different element of South Korean politics and government. Covering themes such as intergenerational differences, the instability of the party system, the role of the president, and the impact of the 2016 demonstrations, this is a vital and lively introduction to Korean politics. This systematic and nuanced approach helps you understand the past, present, and possible futures of South Korea’s democracy. It also helps in understanding South Korea’s system for the purposes of comparing it with other political systems. The New Dynamics of Democracy in South Korea is an invaluable textbook for students of Korean politics, which will also be a useful resource for scholars of comparative democracy.

This book provides an analysis of South Korean constitutional history since 1948. It furnishes an overview of the cultural and political context of Korean legal institutions, and it evinces an understanding of competing theories of the Rule of Law. The author provides an account of many important institutional transformations, including detailed discussions of Korean Supreme Court cases.

This edited volume assesses the quality of democracy in the Republic of Korea three decades after its formal democratization in 1987. It has been argued that Korea’s two subsequent power turnovers prove that its democracy has been successfully consolidated, despite its tremendous progress; however, recent developments show signs of deterioration and retreat. Therefore, drawing on the recent quality of democracy literature this volume sets out to answer the question: Where does Korea’s democratic quality stand today? The three chapters in first section of the book focus on aspects related to the presidency, political parties, and organized labor, also including the perspective of governance and human security as well as on the rule of law regarding the role and function of the prosecution. This is followed by a set of four chapters in section two that address the dimensions of democratic quality such as participation, freedom, equality, and responsiveness. The final, third section includes contributions on related inter-Korean policy issues. This book is an invaluable resource for political and social scientist working on democratic quality, and at the same for scholars in Asian or Korean Studies at faculty level as well as on graduate student level.

Has South Korea accomplished democratic consolidation since the Constitution was revised in 1987? Whereas political freedom has improved, the NSL is generally pointed out as the main obstacle to full freedom but it is not the only one to guarantee respect for human rights. Since full respect for human rights is not guaranteed, democratic consolidation has not been achieved. This book analyzes the issue based on the state of human rights that are an important part of democracy. The starting points are the 1948 UN Universal Declaration of Human Rights, the 1987 South Korean Constitution and the 2001 National Human Rights Commission (NHRC) Act which are empirically tested. Definitions of democratic consolidation are applied. The study first investiga- tes legislation and human rights institutions, including the National Security Law (NSL), the Con-stitutional Court, the NHRC, adherence to international human rights law and the Universal Periodic Review. Then the impact of inter-Korean relations on human rights are reviewed based on the NSL, dispatches of leaflets across the border and conscientious objectors. Finally, freedom of expression, assembly and association, including the state of sexual minorities, trials of ex-presidents, death penalty, human trafficking and torture are studied.