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Korea’s Legal System

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

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Korea’s Legal System

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  1. Korea’s Legal System Ilhong Yun

  2. 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

  3. 서울사진

  4. Population • Ethnically homogeneous (Korean); no racial, linguistic minorities • 48,000,000 (cf. Texas, 20,900,000)

  5. 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)

  6. Religion and Culture • Buddhism: 10 million • Christianity: 12 million • Shamanism • Confucianism - more a moral philosophy than a religion - prominent element in Korean life

  7. Religion

  8. Culture

  9. 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)

  10. 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

  11. 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

  12. 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.

  13. 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

  14. Judiciary • Supreme Court • Five High (Appellate) Courts • District Courts • Constitutional Court

  15. 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

  16. 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

  17. 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

  18. 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

  19. 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

  20. 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)

  21. 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

  22. 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

  23. 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

  24. 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

  25. Problems of Police • Low economic status of officers • Authoritative organizational culture • Image of police corruption • Poor public relations

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