The legal system of the Republic of Korea developed over 1000s of years. The early years of Korean history, the legal system of Korea was based, nearly entirely, on the principles of Confucianism, which emphasized the importance of moral principles, hierarchy, the power of the king and social order. Confucianism still plays a role in Korean society and the legal system to this day. Three Kingdoms Period (57 BC to c. 668 AD) During the Three Kingdoms Period of Korean
Continue readingCategory: Korean Constitutional Law
Korea’s First Comprehensive Legal Code: Joseon Sijeong Uigwe
The Joseon Sijeong Uigwe, a 1,893 volume legal code, is a comprehensive set of laws, regulations and rules that were developed during Korea’s Joseon Dynasty. IPG Legal shall be writing more on Korean history over the next couple of months in order to add to the body of knowledge available in the English language. Little information is available in the English language on the history of the Korean legal system. Hopefully, these articles can spark the interest of some readers
Continue readingForce Majeure Jurisprudence in the Republic of Korea
Korea has recently been affected by typhoons and severe flooding caused by the heaviest rainfall in centuries. These issues led to the loss of life, property, business and the livelihood of many individuals. Many alleged defaulting/breaching parties to an agreement have claimed Force Majeure as a defense to non-performance of contractual obligations. A Korean court recognized Force Majeure Event offers relief to the alleged defaulting/breaching party, in Korea, if the party fulfils the legal requirements noted below. Force Majeure Defined
Continue readingConstitutional Court Upholds Cellphone Ban While Driving
Long term foreign residents will note that the Korean Constitutional Court has upheld the rule banning the use of cellphones while driving. The court ruling stipulates that the ban isn’t a violation of the Korean Constitution. Using cellphones while driving increases the risk of traffic accident and should be banned to protect the life, body, and property of the people. The law allows certain exceptions that permit the use of cellphones in emergency situations, minimizing unecessary inconvenience. Korean Constitutional Court’s
Continue readingDefamation on the Internet is a Criminal Offense in Korea
“Think before you click” is a social media campaign in Korea. Please note the truth is not an absolute defense to defamation in Korea. Additionally, defamation can lead to civil and criminal liability. The following article details Defamation Crimes and potential penalties. If you are interested to read more about defamation, please read our other articles at: Defamation on Trial and Definition of Defamation in Korea. The two primary laws that punish the crime of defamation committed orally, by means
Continue readingDeportation after COVID-19 Quarantine Violations in Korea
This week a bill was submitted by Korean politicians to make the deportation process easier for the Korean government to deport foreign nationals accused of submitting false testing information for COVID-19. The COVID pandemic remains an emotive issue in Korea as cases have been steadily rising domestically over this Winter season. Political leaders, within Korea, have had a long history of using the foreign population as an easy target to win the hearts and minds of the public when times
Continue readingKorea’s New Electronic Passport Without Resident Registration Number in 2020
The Amendment to the Korean Passport Act introduces a new Korean Electronic Passport. The passport excludes the Resident Registration Number and establishes a new system in order to ease administrative work of the government. This Amendment shall become effective in 2020. The Passport Act of the Republic of Korea According to Art. 7 Passport Act every Korean passport shall include: Type of passport; Issuing state; Passport number; Date of issuance and expiration; Issuing authority; Name of the passport-holder; Nationality of
Continue readingRevision to the Laws & Regulations on Ecosystem-Disturbing Species in the Republic of Korea in 2019
In order to increase the control on certain species like ‘ecosystem-disturbing species’, which are considered to be harmful to the ecosystem of the Republic of Korea, when it is planned to import and introduce them to the ecological environment of Korea, the Chairman of the Environment and Labor Committee proposed the Amendment to the Korean Act on the Conservation and Use of Biological Diversity (hereinafter as “Act on Biological Diversity”) on September 20, 2018. The new provisions of the Amendment
Continue reading“Fine Dust” as Socially-Generated Natural Disaster – Amendment to the Framework Act on the Management of Disasters and Safety 2019
As a further reaction to the fine dust-issue in Korea, the Chair of Korea’s Public Administration and Security Committee proposed an Amendment to the Framework Act on the Management of Disasters and Safety (hereinafter a “Act on Management of Disasters”) on March 13, 2019. The regulation shall become effective upon promulgation. The major legal change is the “damages caused by fine dust” as a being defined as a “socially-generated natural disaster.” Framework Act on the Management of Disasters and Safety
Continue readingAmendment to the Korean Protection of Military Bases and Installations Act 2019
The Amendment to the Protection of Military Bases and Installations Act of Korea was proposed by the Korean Chair of the National Defense Committee on April 4, 2019 and shall become effective in the autumn of 2019. The Amendment stipulates the extension of the scope of “protection zones” within a military base or installation in Korea and amends the process to remove the status as a “protection zone” with the return of the concerning military base or installation to the
Continue readingKorean Cryptocurrency Case Filed to the Korean Constitutional Court: Korean Bitcoin Updates
The author of this blog, formerly worked for the Constitutional Court of Korea and he is excited to see this matter being litigated in Korean courts. The issue, as I have always noted, is simply if government are willing to protect the freedom of individuals to trade and speculate in asset classes of the choosing of the investor. While, I am far from sold on Bitcoin (and other Alt Currencies) as a long-term asset class plays – of course any
Continue readingKorea Increases Penalties For Data Breach and Unauthorized Transfer of Data: Korea Communications Commission
In March 2016 Korea made amendments to its Act on the Promotion of Information & Communications Network Utilization and Information Protection (“Act”). The purpose of the Act is to both facilitate the utilization of information and communications networks and regulate for the protection of personal information including that of users of online service providers. “Online service provider” includes any commercial website operator or telecommunications service provider; and “user” is defined as any person that uses the information and communications services
Continue readingKorean Court Upholds Expulsion of Law Student at Judicial Research & Training Institute for Adultery
A male law student, expelled from the Judicial Research and Training Institute for having an affair with another law student, has just had his appeal to be reinstated denied. The male student’s mother-in-law made the situation public after her daughter committed suicide after finding out about the affair. The male law student was charged with adultery and expelled from the JRTI. Although he was found guilty in a lower court of adultery, during the course of his appeal, the Constitutional
Continue readingSouth Korea’s Military Conscription Law Challenged by Religious Conscientious Objectors
South Korea’s mandatory military conscription law is once again being challenged by religious conscientious objectors. The Constitutional Court held a public hearing on Thursday to determine whether religious objectors to military service are still subject to the same punishments that are given to other citizens who refuse to perform their military service. South Korean law mandates that citizens who refuse to perform military service, without a valid reason, are subject to imprisonment for up to three years. Currently, religious conscientious
Continue readingKorean Administrative Court Stands Up for the Right to Assemble: Korea Queer Culture Festival
The Seoul Administrative Court has ruled in favor of the organizers of the Korea Queer Culture Festival in a case concerning the right to a permit to assemble. Because of the very vocal opposition of fundamentalist Christian groups, the NamDaeMoom Police refused to grant a permit to assemble. These fundamentalist Christian groups argued, and the NamDaeMoon Police Department agreed, that amongst other things, that these Christian groups opposition to the event and the event itself will cause severe traffic disruptions
Continue readingKorea is a Country of the Future – and Always Will Be by John Lee
John Lee at The Korean Foreigner has a great post today related to Korea’s step back in time. He, kindly, allowed me to post his article on my blog. “On December 18th 2014, IKEA, the world’s largest furniture retailer, opened its first Korean branch in Gwangmyeong, Gyeonggi Province. The store is 25,759 square-meters (approximately 277,267 square-feet) in size and it is accessible via train and three inter-city express highways. It would appear that IKEA’s business is booming. So much so
Continue readingSelection of Justices at the Constitutional Court Fundamentally Flawed?
The Korean Constitutional Court has established a research institute that has, recently, criticized the appointment system at the Constitutional of Court of Korea. The Court has nine justices that are all appointed by the nation’s President. However, three of the justices are selected by the Chief Justice of the Supreme Court, three are selected by the National Assembly and three are directly selected and appointed by the nation’s President. This Constitutional Court research institute has criticized this system as, potentially,
Continue readingThe Korean Law Blog cited by the Washington Post on the Freedom of the Press in Korea
We are proud to note that The Korean Law Blog was cited by the Washington Post on an article discussing the Freedom of the Press in Korea. The article quoted our translation and comments on a landmark Supreme Court case on the issue of the freedom of speech in Korea. The Washington Post article may be found at: In South Korea, journalists fear a government clampdown on the press. The article notes, in part, that: “In the 27 years since
Continue readingCLIENT ALERT: Advice to the Press, Bloggers & Corporations Concerning Free Speech Protection in Korea
Cheong Wa Dae (Korea’s Office of the President) has been instrumental in the filing of 13 lawsuits against media sources. Six cases are still pending including cases against reporters/media from: Hankyoreh (Korean Liberal-leaning newspaper); Segye Ilbo (Korean Conservative-leaning newspaper); Chosun Ilbo (Korean Conservative-leaning newspaper); Sankei Shimbun (Japanese Conservative-leaning newspaper); CBS News; and A Sisa. The majority of the cases were filed by officials at Cheong Wa Dae or by a conservative civil group that supports President Park Geun-hye. Reporters, corporate
Continue readingDefamation Law Under Korean Law
As an attorney educated in the United States, one of the greatest differences I’ve noticed between the Korean and American legal systems is in the area of defamation. Back in the US, the extent to which speech can be curbed by the law is tempered by First Amendment protections. US law protects truthful statements and even false statements, when in the form of parody, hyperbole, or not with malice etc. In the case of potentially defamatory speech, the burden falls
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