This informative book provides an overview of the law and judicial institutions pertaining to litigation in Korea, as well as a selection of important court decisions.
Throughout Korea's democratization process, litigation has played a crucial role as an instrument to solve most of the challenging civic and social conflicts - which in turn have ramifications in the nation's political, constitutional, societal and cultural domains. The expert contributors explore civil procedure, criminal procedure, constitutional adjudication, administrative litigation, and patent litigation in the Republic of Korea.
As the first publication in the English language to provide a comprehensive picture of litigation in Korea, this book will appeal to scholars and post-graduate students in Asian studies, as well as lawyers dealing with Korea-related cases.
Edited by Kuk Cho, School of Law, Seoul National University, Korea
Contents: Preface 1. Litigating in Korea: A General Overview of Korean Civil Procedure Youngjoon Kwon 2. Why Do We Pursue `Oral Proceedings' in Our Legal System? Hyun Seok Kim 3. The Reformed Criminal Procedure of Post-Democratization South Korea Kuk Cho 4. The Role of the Public Prosecutor in Korea: Is He Half-Judge? Heekyoon Kim 5. The Admissibility of Suspect Interrogation Record in the New Era of Korean Criminal Procedure Yong Chul Park 6. The Structure and Basic Principles of Constitutional Adjudication in the Republic of Korea Jongcheol Kim 7. Democratic Legitimacy of Law and the Constitutional Adjudication in the Republic of Korea Woo-young Rhee 8. Korean Constitutional Court and the Due Process Clause Jibong Lim 9. Administrative Litigation in Korea: Structures and Roles in Judicial Review Hee-Jung Lee 10. Korean Administrative Cases in `Law and Development' Context Daein Kim 11. Principles and Structure of Patent Litigation Sang Jo Jong Index