Transcript 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 (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 the Asia’s Four Tigers in 1990s) (one of
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