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.

As a result of globalization, the barriers between countries are coming down. There is more interaction between countries than ever and mutual understanding and communication have become essential considerations. In such an atmosphere, the Korea Legislation Research Institute has published this book to spread awareness of outstanding Korean law and of its legal system throughout the globe, as the authoritative sources of legal information for other countries. This book explains Korean law in nine chapters that focus on its distinguishing aspects. The nine authors who have participated are all prominent scholars who have contributed their expertise to the project.

This volume is the first in a series of comparative studies that focuses on Korea's legal system and its political institutions under the sponsorship of the Korea Law Center at UC Berkeley Law School. Korea has experienced an astonishing pace of legal reforms within an interval of two generations. The collapse of the authoritarian regime started an irreversible process of democratization that has not yet completed its full course. The papers included in this volume cast new lights on the challenges and institutions that define the substance and the structure of current legal reforms. Although it is not the purpose of this volume to provide a comprehensive report on the current state of Korean law, the selective range of the themes is not a simple happenstance. It is representative of the current political debate which echoes the Korean society's determination to resolve the paradoxes of its legal tradition and overcome the trials of its democratic aspirations.

This book looks at the history of the courts in South Korea from 1945 to the contemporary period. It sets forth the evolution of the judicial process and jurisprudence in the context of the nation's political and constitutional transitions. The focus is on constitutional authoritarianism in the 1970s under President Park Chung Hee, when judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was impaired by the constitutional language. Caught between the contending duties of implementing the law and pursuing justice, the judges adhered to formal legal rationality and preserved the fundamental constitutional order, which eventually proved essential in the nation's democratization in the late 1980s. Addressing both democratic and authoritarian rule of law, this volume prompts fresh debate on judicial restraint and engagement in comparative perspectives.

Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.

Japan and South Korea are Western-style democracies with open-market economies committed to the rule of law. They are also U.S. allies. Yet despite their shared interests, shared values, and geographic proximity, divergent national identities have driven a wedge between them. Drawing on decades of expertise, Brad Glosserman and Scott A. Snyder investigate the roots of this split and its ongoing threat to the region and the world. Glosserman and Snyder isolate competing notions of national identity as the main obstacle to a productive partnership between Japan and South Korea. Through public opinion data, interviews, and years of observation, they show how fundamentally incompatible, rapidly changing conceptions of national identity in Japan and South Korea—and not struggles over power or structural issues—have complicated territorial claims and international policy. Despite changes in the governments of both countries and concerted efforts by leading political figures to encourage U.S.–ROK–Japan security cooperation, the Japan–South Korea relationship continues to be hobbled by history and its deep imprint on ideas of national identity. This book recommends bold, policy-oriented prescriptions for overcoming problems in Japan–South Korea relations and facilitating trilateral cooperation among these three Northeast Asian allies, recognizing the power of the public on issues of foreign policy, international relations, and the prospects for peace in Asia.

Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.

Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.