Law and Society in Korea

Law and Society in Korea
Author: Hyunah Yang
Publisher: Edward Elgar Publishing
Total Pages: 254
Release: 2013
Genre: Law
ISBN: 1781953635

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.

Legal Reform in Korea

Legal Reform in Korea
Author: Tom Ginsburg
Publisher: Routledge
Total Pages: 273
Release: 2004-03-01
Genre: Political Science
ISBN: 1134326793

Law in Korea has historically been viewed as merely a tool of authoritarian rule, but since the transition to democracy in 1987 it has served a more important and visible role as a force for social change. With contributions from leading US and Korean scholars, Legal Reform in Korea explores this response to domestic and international pressures, applying a socio-legal perspective to both legal practices and the legal institutions themselves, which have become a major political issue throughout the developing world. An invaluable resource for students of Asian law and Korean studies.

Philosophy of Law in Korea

Philosophy of Law in Korea
Author: Jeong-Oh Kim
Publisher: Taylor & Francis
Total Pages: 118
Release: 2022-10-21
Genre: Philosophy
ISBN: 1000772977

When Korea began as a newly independent state in 1948, its economy was very underdeveloped and the rule of law was just established. The journey of democratization in Korea was not without challenges. This book traces the history of the legal philosophy development in Korea and highlights Korea's unique experience. This book shows how Western legal philosophy has been accepted in Korea, a non-Western country that has newly introduced the Western legal system and what role the legal philosophy has played in social context. The book also examines academic scholars' intellectual activities in a historical context and how their intellectual products are yielded through their continuous response to the circumstances of the time. It specifically looks at the many challenging tasks legal philosophers had to overcome in a society when the rule of law and democracy had not yet settled. The book explores how Korean legal philosophers coped during such unique historical situations. It also illustrates how Korean scholars accepted German and Anglo-American legal philosophies and integrated them to change social realities of Korea. Through Korea’s experience, this book will provide insights into how modern legal philosophy develops in a new state and what legal philosophers' responses would be like during such a process. The developing process of legal philosophy in Korean society will interest not only readers in countries who have had similar experiences to Korea, but also readers in the West.

The Korean Developmental State

The Korean Developmental State
Author: Iain Pirie
Publisher: Routledge
Total Pages: 248
Release: 2007-09-12
Genre: Business & Economics
ISBN: 1134141580

Ian Pirie gives a comprehensive and up-to-date analysis of state and economic restructuring in South Korea since the 1997 crisis.

East Asia’s Renewed Respect for the Rule of Law in the 21st Century

East Asia’s Renewed Respect for the Rule of Law in the 21st Century
Author: Setsuo Miyazawa
Publisher: Hotei Publishing
Total Pages: 365
Release: 2015-03-20
Genre: Law
ISBN: 9004274200

This volume showcases the most recent research on the future of the legal and judicial landscape in East Asia and its renewed respect for the rule of law in the 21st century. The book features research on emerging judicial stratifications in the legal profession; war crimes and their legacies in the post-colonial era; citizens' participation in the justice system; gender, law, legal culture and profession as well as environmental justice.

Confucianism, Law, and Democracy in Contemporary Korea

Confucianism, Law, and Democracy in Contemporary Korea
Author: Sungmoon Kim
Publisher: Rowman & Littlefield
Total Pages: 233
Release: 2015-03-26
Genre: Philosophy
ISBN: 1783482257

Comparative political theory has grown into a recognized discipline in its own right in the last two decades. Yet little has been done to explore how political theory engages with the actual social, legal, and political reality of a particular polity. East Asians are complexly conditioned by traditional Confucian norms and habits, despite significant social, economic, and political changes in their contemporary lives. This volume seeks to address this important issue by developing a specifically Confucian political and legal theory. The volume focuses on South Korea, whose traditional society was and remains the most Confucianized among pre-modern East Asian countries. It offers an interesting case for thinking about Confucian democracy and constitutionalism because its liberal-democratic institutions are compatible with and profoundly influenced by the Confucian habit of the heart. The book wrestles with the practical meaning of liberal rights under the Korean Confucian societal culture and illuminates a way in which traditional Confucianism can be transformed through legal and political processes into a new Confucianism relevant to democratic practices in contemporary Korea.

Regime Transition and the Judicial Politics of Enmity

Regime Transition and the Judicial Politics of Enmity
Author: Justine Guichard
Publisher: Springer
Total Pages: 263
Release: 2016-04-08
Genre: Political Science
ISBN: 1137531576

Among the societies that experienced a political transition away from authoritarianism in the 1980s, South Korea is known as a paragon of 'successful democratization.' This achievement is considered to be intimately tied to a new institution introduced with the 1987 change of regime, intended to safeguard fundamental norms and rights: the Constitutional Court of Korea. While constitutional justice is largely celebrated for having achieved both purposes, this book proposes an innovative and critical account of the court's role. Relying on an interpretive analysis of jurisprudence, it uncovers the ambivalence with which the court has intervened in the major dispute opposing the state and parts of civil society after the transition: (re)defining enmity. In response to this challenge, constitutional justice has produced both liberal and illiberal outcomes, promoting the rule of law and basic rights while reinforcing the mechanisms of exclusion bounding South Korean democracy in the name of national security.

Historical Dictionary of the Republic of Korea

Historical Dictionary of the Republic of Korea
Author: James E. Hoare
Publisher: Rowman & Littlefield
Total Pages: 693
Release: 2015-06-09
Genre: History
ISBN: 0810870932

The Korean Peninsula lies at the strategic heart of East Asia, between China, Russia, and Japan, and has been influenced in different ways and at different times by all three of them. Across the Pacific lies the United State, which has also had a major influence on the peninsula since the first encounters in the mid-nineteenth century. Faced by such powerful neighbors, the Koreans have had to struggle hard to maintain their political and cultural identity. The result has been to create a fiercely independent people. If they have from time to time been divided, the pressures towards unification have always proved strong. This third edition of Historical Dictionary of the Republic of Korea covers its history through a chronology, an introductory essay, appendixes, and an extensive bibliography. The dictionary section has over 500 cross-referenced entries on important personalities, politics, economy, foreign relations, religion, and culture. This book is an excellent access point for students, researchers, and anyone wanting to know more about the Republic of Korea.

Commencement of Insolvency Proceedings

Commencement of Insolvency Proceedings
Author: Dennis Faber
Publisher: OUP Oxford
Total Pages: 1351
Release: 2012-03-29
Genre: Law
ISBN: 0191630918

This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.