Korea’s Legal System

Ilhong Yun

Geography

North-eastern Asia Divided by North and South Korea 38,500 sq mi (Texas, 267,000 sq mi) Between China and Japan Surrounded by sea except north 70% of the land is mountain Capital city is Seoul

서울사진

Population

Ethnically homogeneous

(Korean); no racial,

linguistic minorities 48,000,000 (cf. Texas,

20,900,000)

Economy

GNP per capita is 16,100

dollars Major industries: electronics,

automobiles, chemicals, shipbuilding, steel, textiles.

One of the world’s largest economies (one of the Asia’s Four Tigers in 1990s)

Religion and Culture

Buddhism: 10 million Christianity: 12 million Shamanism Confucianism

- more a moral philosophy than a

religion

- prominent element in Korean life

Religion

Culture

History

5000 years of history Numerous invasions from other countries Japanese occupation (1910 – 1945) Divided into South and North Korea by the

USA and USSR occupying forces after the World War II

Korean war (1950 – 1953)

Government

Tripartite system: executive, legislature, and judiciary

Single five-year term for presidency Of the 273 legislative seats, 227 are from

general elections, 46 are appointed by political parties

History of Legal System

Choson dynasty (prior to 1910) - Chinese style legal system heavily influenced by Confucianism - civil service exam Japanese occupation (1910 – 1945) - civil law system (German model) Post Korean War (1950 – 1953) - adopt some American style law

Legal System of Asia

Most Asian countries except South Asia belong to the civil law family; influenced by Germany, France, or Swiss

Recently, many countries in Asia are being influenced by the U.S.

Legal scholars seek to study in the U.S.

Civil Law System

Statutory provisions oriented No binding effects of precedents Judges don’t make the law, but

interpret nuances of law Judges are free to fact-finding, less

restricted by pleadings and rules of evidence

Judiciary

Supreme Court Five High (Appellate) Courts District Courts Constitutional Court

To Become a Lawyer

College entrance exam Four-year law college SNU College of Law Bar exam 700 of 9,000 law graduates go into

legal profession annually

To Become a Lawyer Extremely competitive bar exam: passing rate is

2% Law majors as well as other majors devote their

time in college to studying for the bar exam High social status of legal profession

(tremendous prestige and financial security) “If you pass the bar exam until 40, you are

successful” Two-thirds of those who passed the bar exam

were SNU law graduates

To Become a Lawyer Study only for the bar exam brings

about tunnel vision Young prosecutors, young judges Exam-oriented college curriculum

limits opportunities for well-rounded intellectual developments

Prosecutors Attached to the Ministry of Justice Recent scandals due to political bias in

handling cases About 1,500 members of elite group Attempts to curtail prosecutor’s discretionary

power by judiciary Police’s attempt to gain investigative

authority from the prosecutor

Corrections

Under the Ministry of Justice 12,300 staff members at 43 correctional facilities Total inmates are 61,457 as of 2001, 130 per

100,000 population : U.S. 224 per 100,000 Age of criminal responsibility is 14 Capital punishment and life imprisonment are

not allowed for those under age 18

Corrections

Hanging is the method of execution Major crime rate per 100,000

- murder: 2 (U.S., 5.6)

- robbery: 11 (U.S.,145.9)

- rape: 14 (U.S., 33)

- theft: 362 (U.S., 2,445)

Police National police

- a national headquarters, 14 provincial headquarters, 230 police stations, 2,912 police boxes (mini-station)

Supporting institutions

- National Police College, Central Police Training School, Police Training Academy,, National Police Hospital

Police

Bureaus in police headquarters - administration & planning, crime

prevention, criminal investigation, public security & traffic, intelligence, national security

100,000 sworn police officers, 50,000 auxiliary riot control personnel, 5,400 civilian employees

Only 2% of female officers

Police Ranks

11 rank structure from patrol officer to the Commissioner General

Those with the rank of Lieutenant and above are executive officers; comprise only 13.5%

Promotions through either a promotion exam or supervisor’s rating and recommendations

Police Use of Firearms

Minimally allowed even when it is necessary

Can be justified when it is the only means to apprehend a criminal or stop an escape

About 300 cases of police use of firearms are reported annually

Problems of Police

Low economic status of officers Authoritative organizational culture Image of police corruption Poor public relations