The U.S. president has signed the North Korean Child Welfare Act into Law. The bill, in short, urges the U.S. Secretary of State to protect North Korean children in nations outside of North Korea. The bills were passed by Congress with a unanimous vote of each chamber. Numerous orphaned North Korean children are living in China in less than adequate conditions. Many of the parents of these children have been repatriated back to North Korean from China by force. The Act specifically notes that the Secretary of
Continue readingCategory: Korean Constitutional Law
Prostitution at the Korean Constitutional Court
The petition of a 41-year-old alleged prostitute to forward a case on the constitutionality of punishing a prostitute for exchanging sexual favors for money has been accepted by a judge at the Seoul Northern District Court. The Korea Times has reported, in part, that: She was accused of having sex with a man in his 20s at a brothel in Seoul in July. The district court clarified that the judge’s request doesn’t question the part of the law that punishes buyers of sex.“We don’t punish a woman
Continue readingOpposition to Justice Lee Dong-Hup to lead the Constitutional Court is Ridiculous Liberal Hogwash
Opposition to Justice Lee Dong-Hup is nothing more than the typical nonsense that plaques Korean politics. Justice Lee has been nominated as the Chief Justice of the Constitutional Court and the ultra-liberal and liberal parties are, seemingly, opposed to the nomination, since the justice is from the same home town as the incoming president. I think this fact has nothing to do with it and, simply, these parties will oppose any nominee. I have come to know Justice Lee very well. I had the opportunity to lead
Continue readingConstitutional Crisis in the Making in Korea
The following article appeared in the Korea Times on March 2, 2012. Because of a critical flaw in the Korean Constitution, the National Assembly’s nine-month delay in nominating a justice to a vacant seat may cause an irreparable constitutional crisis. This crisis has the potential to lead to the destruction of the power of the Constitutional Court and, thus, the destruction of a critical check on the National Assembly, president and the ordinary courts. The Constitutional Court has been fiercely criticized by politicians, on both sides of
Continue readingFinally All Criminal Cases to Be Disclosed to Public in Korea
The Korea Times has reported that all court rulings in criminal cases, starting next year, will be disclosed to the pubic in writing. Civil cases will, all, be reported starting in 2015. The Korea Times notes that: All courts here, including the appellate and highest courts, will be obliged to provide access for citizens to the texts of their rulings in all criminal cases via online or offline, the top court said, noting the system will be expanded to civil cases from 2015. So far, the Supreme
Continue readingConstitutional Court of Korea Declares Internet Real-Name Online Identification System Unconstitutional
The Korean Constitutional Court, unanimously, declared Clause 5 of Article 44 of the Act on the Promotion of Information and Communication Network Utilization and Protection implemented in 2007 unconstitutional in late August of this year. This Korean law was passed in reaction to suicides of Korean celebrities. These celebrities were criticized online for various improprieties and alleged improprieties. The law required, on certain websites, the logging into the website with one’s national identification number, thus, limiting the ability to speak anonymously. Numerous Constitutional Law scholars and free
Continue readingThere Goes the Neighborhood: Samsung “Union” Allowed to Protest in Front Of Samsung Headquarters
The Korea Times has reported that the Administrative Court in Seoul has overturned the decision of the Seoul Metropolitan Police Force to disallow a rally in front of Samsung headquarters. The rally was to honor the memory of a Samsung Electronics employee who died of leukemia. Samsung has been accused of using chemicals in their manufacturing processes that are harmful to the health of workers. Some have claimed that these specific chemicals are not being used in other developed nations. Samsung and other large conglomerates are beginning
Continue readingFines by the Korea Fair Trade Commission Increases for Abuse of Market Position and Unfair Trade Practices in Korea
The Fair Trade Commission of Korea has implemented substantial amendments to its guidelines for imposing fines on companies doing business in Korea. The Amendments were detailed in a document the Fair Trade Commission of Korea calls the “Amendment Notice.” This Amendment Notice comes into effect on April 1 of 2012. The Amendment Notice will likely increase the fines imposed by the Fair Trade Commission. Prior to the Amendment Notice violations of the Monopoly Regulation and Fair Trade Act would result in lower fines than that authorized by
Continue readingReturn of Fraudulently Obtained Subsidies by Employer in Korea
The Seoul Administrative Court ruled, late in 2011, that the provision of the Enforcement Decree of the Employment Insurance Act (article 56(2)) requiring the return by an employer to the Korean government of all fraudulently obtained vocational training funds (and other like funds) collected by the Korean employer was unconstitutional (2011 gu-hap 14852). The law required, in most cases, the return of all vocational training funds received if any funds were received fraudulently. The holding of the Administrative Court of Korea noted that the ““Article 56(2) of
Continue readingNot So Free Speech over the Internet in Korea?
Evan Ramstad and R. Jai Krishna wrote a good piece for the Wall Street Journal on the freedom of speech in Korea and India. Korea has, again, begun to stricly enforce its online censorship laws. Some academics are questiong the tactics of the government: “Whoever has posted the illegal information can be held responsible that way,” said Mr. Park, who is a law professor at Korea University in Seoul. “The commission’s answer to shut down or erase the illegal information is virtually impossible to enforce in a constitutional
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