Selection 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,

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The 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

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CLIENT 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

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Korean Defamation 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 on

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Investor-State Disputes/Arbitration in Korea: ABA Dispute Resolution Magazine

The American Bar Association Dispute Resolution Magazine has an interesting article on Investor-State Disputes that is relevant to Korea.  The article appears in the Fall 2013 edition of the magazine. Some of the “top” law firms in Korea have been notoriously conflicted – thus leading to choices made in agreements that are less than favorable to clients.  This has led, in part, to South Korea being perceived as not a foreign-friendly destination for direct investment.  Additionally, the courts, recently, invalidated

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Enforcement Decrees are Becoming more Common in South Korea

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

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Should UPP be Banned in Korea? Korea Government Files to Court to deregister Pro-North Party

The Park Administration as filed to the Constitutional Court of Korea a complaint to disband the leftist UPP.  The petition claims that the party engaged in pro-North Korea activities.  The case, also, calls for the immediate suspension of six of the lawmakers of the party. Justice Minister Hwang Kyo-ahn noted to the press that:  “We have determined that the UPP’s platform and its objectives are intended to favor North Korean socialism, which goes against the free democratic basic order of

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Korea’s Data Privacy and Data Protection Law

Korea’s Personal Information Protection Act has replaced, in whole, the Public Agency Data Protection Act of Korea and, in part, the Act on Promotion of Information and Communications Network Utilization and Information on September of 2011. The new Korean privacy law is one of the strictest laws in the world. Please seek advice prior to engaging in any business where data of customers will be collected. Over the next couple of weeks please check back to this blog.  We will

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Visa Benefits for Korean Homosexuals in America: Defense of Marriage Act Held Unconstitutional

The U.S. Supreme Court, in a 5-4 holding that was split on the typical ideological camps, declared unconstitutional the U.S. Defense of Marriage Act.  The Defense of Marriage Act denied federal benefits to same-sex spouses.  In declaring the law unconstitutional the majority opinion by Justice Kennedy opined that the law simply; “writes inequality into the entire United States code.”   Justice Kennedy went on to opine that the law, in of itself, is “demeaning” and “humiliating” to gays and lesbians.  Justice

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Definition of Defamation in Korea

Supreme Court Decision 97Da19038 delivered on February 27, 1998 【Damages】 Translation of Official Court Summary  a. When a media, such as broadcast etc, defames one by presenting fact, the action has no illegality when the alleged fact is related to a public matter, the presentation is intended solely for the public interest, and the alleged fact is proved to be true. In addition, even when the alleged fact is not proved to be true, but the presenter believes that the

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