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What Is the Asia Pacific Agricultural Policy Forum? Resilience of Livelihoods to Threats and Crises

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What Is the Asia Pacific Agricultural Policy Forum? Resilience of Livelihoods to Threats and Crises Recent Trends of Law & Regulation in Korea Vol.26 Spring 2017 ISSN 2288-4041 Expert Column - The Development of Korea’s Rule of law Introduction to the Korean Legal System - Introduction to the Video Notarization System Interview - Korea FAO Association Vol.26 Spring 2017 Publisher Feature contributors Recent Trends of Lee Changjae / Acting Minister of Justice Expert Column - Professor Sung Su Kim Law & Regulation in Korea Editor Sung Su Kim is a professor of law at Yonsei University, Korea. Professor Kim holds Kim, Hochul / a Bachelor’s and a Master’s degree in law from Yonsei University and a Ph.D. in law Deputy Minister for Legal Affairs from University of Tübingen in Germany. Aside from being a law professor, he has worked as legal and policy advisor in a number of government institutions including Director the National Assembly, Ministry of Justice and Public Prosecutor’s Office. KOO Sang-Yeop / [email protected] Vice Director Jeongsoo Soh / [email protected] Translator Introduction to the Korean Legal System Rim, Na-hyun / [email protected] - The Legal Affairs Division, Ministry of Justice Kim, A Rong / [email protected] The Legal Affairs Division of the Korean Ministry of Justice regulates attorneys Special Thanks to and notaries and handles matters related to apostilles and public service Yeon Ju Oh So Yeon Kim advocates. Seung Min Jeon Jaesam Han Expert Column Ji Young Jang Soohwan Lee 04 The Development of Korea’s Rule of law Won Young Park Jimin Oh Chungyoung Son Subin Jung Introduction to the Korean Legal System Jiwon Kim Seungmin Heo Hyun Wook Park Yejin Kim Interview - Byung Rin Yoo 08 Introduction to the Video Notarization System Ik Seon Jung Hyebin Park Byung Rin Yoo is the Chairman of Korea FAO Association (KFA). He passed the Woo Taek Shin Hakyung Min 24th Public Administration Examination and was appointed to Deputy Director of Law and Regulation Jeongwan Kim 12 Enactments and Amendments of Law the Ministry of Agriculture and Forestry. After 32 years of service in Public Office, Mr. Yoo taught as a visiting professor in Kyungpook National University before 20 Court Decisions Edited in International Legal Affairs Division being appointed as the Chairman of KFA. He majored in Agricultural Economics Interview Designed by AandF communication in Korea University and acquired a Master’s degree in the same major from Ohio Published by Ministry of Justice State University, USA. 28 Korea FAO Association Cover Story Recent Events The cover photo of the 26th Recent Trends 32 3rd O.K. Academy Kicks off of Law & Regulation in Korea depicts the Rapeseed Flowers, also commonly known 33 MOJ & IBK Sign Business Agreement to Provide Legal Support for SMEs as the yellow Canola Flowers. The Jeju Canola Flower Festival is held on an Policies of the Ministry of Justice annual basis and it is one of the most famous festivals in Jeju Island. Large 34 MOJ adopts kleptomaniac treatment program Ministry of Justice, Government Complex number of visitors come to the festival Gwacheon, 47 Gwanmoonro, Gwacheon-si, every year to enjoy this beauty. In addition Ministry of Justice at a Glance to enjoying the vibrant landscape, visitors Gyeonggi-do, 427-720, Republic of Korea can participate in a variety of festival 36 Crime Victim Protection and Support events that showcase the unique spirit of TEL: 82-2-2110-3661, FAX: 82-2-2110-0327/ Jeju Island. [email protected], www.moj.go.kr Law in Your Daily Life 40 Public Transportation in Korea Living in Korea Emblem 42 Jongmyo Shrine and Sajikdan Altar The Republic of Korea government has changed its was inspired by the font used in the “Hunminjeongeum” 43 Taegeukgi official “government identity.” The new logo conveys (1446), the original Hangeul text, in consideration of the the dynamism and enthusiasm of the country with the harmony embodied in the taegeuk circle. Starting List of Useful Organizations three colors of blue, red and white. It echoes off Korea’s March 2016, the new logo is used at all 22 ministries national flag Taegeukgi with the taegeuk circular swirl including the Ministry of Justice and 51 central 44 Government Departments and the blank canvas embodies in white. The typeface government agencies. 47 Readers Survey Spring 2017 Vol.26 03 Recent Trends of Law & Regulation in Korea | Expert Column The Development of Korea’s Rule of law Transforming from a rule of law nation to a constitutional nation Now, the public officials do not just focus on whether their duties are judicial actions by protecting the independence of the judiciary. For the first time in its history, the Constitutional Court of Korea has upheld a decision by the based on laws, enforcement ordinances or notifications or they are Although the legitimacy of the legislative purpose is recognized, Professor Sung Su Kim country's National Assembly to impeach the sitting President on March 10, 2017. Some have executing them in a proper manner. Rather, they are more concerned considering that a nation’s judicial authority should also be practiced taken to the streets to protest against the ruling, causing casualties. Nevertheless, the Acting about whether their duties comply with the rules, values and core based on the legitimacy of the people’s intention and that a legitimate Chief Justice delivered the ruling, “We announce the decision as the unanimous opinion of all principles of the Constitution or if the laws are against the Constitution. criticism against a trial can in fact contribute to enhancing the Disclaimer: The views and opinions expressed eight judges. We dismiss the defendant President Park Geun-hye.” This was a historic moment to As the Constitutional Court raises questions on laws or wrongful impartiality of judicial actions, this provision cannot be regarded as an in the article are those of the author and do affirm the constitutional authority that calmed the outcries with just one bang of a gavel upon the practices in the Korean society, people began to realize that the appropriate way to secure independence of the judiciary. Despite the not necessarily reflect the official policy or most intense conflict in the history of Korea’s constitutional government and the unprecedented constitutional trial is not just political-judicial activities but a living fact that the independence of the judiciary can be ensured in accordance position of the Ministry of Justice of the corruption case involving so many interests. standard standing by the people and dominating their everyday lives. with the general rules on outdoor assembly and demonstration under Republic of Korea. the former Assembly and Demonstration Act and regulations and The Constitutional Court of Korea, which was established in September, 1988 as a result of the Let us take two examples. In 2016, the Constitutional Court clearly punishment under the Criminal Act, No.2 of this case is against the public demand for direct election system and improvement of human rights after the June Struggle showed through the following decision how invaluable people’s rights to principle of minimum infringement as it is impossible to make collective in 1987, is soon to mark its 30th anniversary. However, who would have guessed that the freedom of expression or in other words, assemblies and expression of opinion related to the trial because it does not suggest Constitutional Court system would affect immensely on Korea’s political order and the daily lives demonstrations are in order to establish public opinion and realize any standard to determine what assembly or demonstration falls into of the people in 30 years’ time? To begin with, the Constitutional Court transformed to perform the democratic principles. The Constitutional Court examined whether it which regulation and because it prohibits any assembly or country’s administrative activities in general. In the past, it was the administrative agency that excessively violates people’s freedom of expression under the Assembly demonstration that can or tries to affect the trial, de facto depriving the faithfully executed the laws enacted by the National Assembly, which was regarded as “the and Demonstration Act. The issue in question was whether 1) the freedom to hold assemblies. The provision, which prohibits assemblies administration is suitable for the laws.” It seemed rule of law was exercised when the regulation that prohibits any assembly or demonstration that has the and demonstrations that violate democratic basic order, only regulates administrative activities were suitable for the laws. possibility to affect a trial or that tries to affect such trial or criminally “democratic basic order”, the dominating principle of the Constitution, punishes anyone who has violated such regulation and 2) the regulation as prerequisite without stipulating the purpose or contents of The bookshelves of the public administrators were stacked with all kinds of laws, legislations, that prohibits any assembly or demonstration that is against the assemblies and demonstrations in detail and does not suggest any by-laws and Supreme Court rulings, which were widely used as reference for understanding democratic basic disorder stipulated in the Constitution or criminally specific standard for setting the limitation on restricting people’s basic decrees or solving pending issues. With the implementation of the Constitutional Court system, punishes anyone who has violated such regulation are against the rights. Due to the comprehensiveness of such regulations, anyone who however, the offices of the public servants began to gradually change. The bookshelves began to Constitution for excessive violation of people’s rights to freedom of makes an assertion that goes against the details stipulated under the be filled with the Constitutional Court rulings. For the decisions, the Constitutional Court took into expression. The Constitutional Court firmly expressed its stance as the Constitution or any event that occurred accidentally during assemblies account not only the administrative regulations, but also all areas of laws including criminal and following.
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