Rights Claiming In South Korea

An analysis of rights-based activism in South Korea, including case studies of women, workers, disabled persons, migrants, and sexual minorities.

These chapters by eight Korea specialists present a new approach to human rights issues in Korea. Instead of using an external and purely contemporary standard, the authors work from within Korean history, treating the successive phases of Korea's modern century to examine the uneasy fate of human rights and some of the ideas of human rights as they have developed in the Korean context. Beginning with the Independence Club of the late nineteenth century and continuing through to the constitutional and judicial structures underlying the Sixth Republic Government of Roh Tae Woo in South Korea, these papers illuminate the sometimes complex interactions between modern Korean human-rights issues and the legacies of Korean culture and colonial occupation.The final sections deal with the usefulness and appropriateness of U.S. policies toward human rights in South Korea and comparatively with the overall issues raised in the volume.

The Making of International Law in Korea addresses the development of international law in Korea and Korea’s approach to contemporary international legal issues.

South Korea’s postcolonial history has been replete with dramatic societal transformations through which it has emerged with a fully blown modernity, or compressed modernity. There have arisen the transformation-oriented state, society, and citizenry for which each transformation becomes an ultimate purpose in itself, its processes and means constitute the main sociopolitical order, and the transformation-embedded interests form the core social identity. A distinct mode of citizenship has thereby arisen as transformative contributory rights, namely, effective or legitimate claims to national and social resources, opportunities, and respects that accrue to each citizen’s contributions to the nation’s or society’s collective transformative goals. South Koreans have been exhorted or have exhorted themselves to intensely engage in such collective transformations, so that their citizenship is framed and substantiated by the conditions, processes, and outcomes of such transformative engagements. This book concretely and systematically analyzes how this transformative dynamic has shaped South Koreans’ developmental, social, educational, reproductive, and cultural citizenship.

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.

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.

Drawing on previously unused or underutilized archival sources, Human Rights and Transnational Democracy in South Korea offers the first account of the historical intersection between South Korea's democratic transition and the global human rights boom in the 1970s.

The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.