The Park Administration’s usage of enforcement decrees, an executive decision-making process that allows the administration to bypass the National Assembly, has been steadily increasing according to a new article from The Hankyoreh.
The article mentions that appeals filed at the Constitutional Court seeking relief from enforcement decrees have shot up from a low of 46 in 2006 to 87 in 2012. From the article:
“Enforcement decrees are often used to overpower the law for political ends. Perhaps the most prominent recent case of this was the decision to strip the Korean Teachers’ and Education Workers’ Union (KTU) of its legal status. That Oct. 24 decision by the Ministry of Employment and Labor was based on Article 9, Item 2 of the enforcement decree for the Trade Union and Labor Relations Adjustment Act, which states that an established union ‘must be notified that it is not viewed as a labor union according to the law’ if grounds for rejecting its application are discovered and it does not respond within 30 days to a request to take corrective action.”
The article concludes with a quote by President Park Chung-hee, whereby he uses the term ‘administrative democracy’ to describe many of his actions.
It appears as though his daughter may be following the same course. Be sure to check out the original article here: Administrations’ Expediency Shaking the Rule of Law in S. Korea.
Sean Hayes may be contacted at: [email protected]
Sean Hayes is co-chair of the Korea Practice Team and Entertainment, Media and New Tech Law Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty.
He assists clients in their contentious, non-contentious and business developments needs in Korea and China.
- Constitutional Court of Korea Declares Korean Dictator’s Martial Law Decrees Unconstitutional
- Should UPP be Banned in Korea? Korea Government Files to Court to deregister Pro-North Party
- Investor-State Disputes/Arbitration in Korea: ABA Dispute Resolution Magazine
- Censorship Prohibited in Korea: Entertainment Law Cases in Korea
- Selection of Justices at the Constitutional Court Fundamentally Flawed?
- The Korean Law Blog cited by the Washington Post on the Freedom of the Press in Korea
- CLIENT ALERT: Advice to the Press, Bloggers & Corporations Concerning Free Speech Protection in Korea
- South Korean’s Aiding North Korean Hackers Arrested in South Korea by Seoul Central District Prosecutors’ Office
- South Korea’s Military Conscription Law Challenged by Religious Conscientious Objectors
- Prostitution at the Korean Constitutional Court