The Constitution Of South Korea

The constitutional system of South Korea is a work in progress, and this volume fleshes out and makes intelligible to foreign readers that process within the specific political and historical context of modern South Korea. The current South Korean Constitution of 1987 is the culmination of decades-long efforts by the South Korean people to achieve democratic self-government. It is the fruition of untold sacrifices made by dedicated citizens who tirelessly fought to rein in the power of the government under some form of constitutional rule. In that sense, it should be understood against the backdrop of South Korea's experimentation with constitutionalism that began at the turn of the last century. Yet, it also represents a radical break, the beginning of a new era which ended a long political history of 'constitution without constitutionalism'. For the first time in the history of the South Korean nation, the constitution has become a living norm rather than an ornament, or a façade, for illegitimate or ineffectual governments. It has proven to be a binding law that matters not only for government leaders but also for private individuals. With the adoption, especially, of a system allowing the adjudication of constitutional issues at an independent court, the people have begun to realise that the constitution can be invoked to protect their rights and advance their interests. As a result, the South Korean Constitutional Court is being stretched to its limits with a great number of cases filed at its docket. This book is an insightful new addition to Hart's successful series, Constitutional Systems of the World.

The Constitution of the Republic of Korea is the highest law of South Korea. It was put into effect on July 17, 1948, and was last revised on October 29, 1987. The preamble of the Constitution states that it was established in the spirit of "upholding the cause of the Provisional Republic of Korea Government."

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.

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.

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.

This study examines the legal, political and social framework of press freedom in South Korea. It covers Korea's judicial system, the constitution, periodicals and broadcast statutes, libel, privacy, national security, access to information, obscenity, copyright and cable broadcasting.