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 ofContinue reading
Category: Korean Constitutional Law
Not 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 isContinue reading
Protecting the Right to Free Speech? MBC’s PD Notebook on Trial
An interesting case has worked its way through the courts on free speech in Korea. As we all have become aware, not one human case of mad cow disease has been linked to the consumption of U.S. beef. With the Lee Myung-Bak Administration reassurance that Mad Cow disease would not affect citizens, the Administration decided in 2008 to resume the import of U.S. beef with strict restrictions. MBC’s “PD Notebook” emphatically asserted that U.S. beef poses a risk to theContinue reading
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