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. or demonstrations violates the democratic basic order can not only be civil laws. In this regard, the question was whether the rulings are related to the public’s basic punished but also cause an outcome where the collective expression of rights, such as human dignity and value, equal rights and property rights. “This provision intends to ensure the impartiality and independence of opinion that criticize social reality or government policies is de facto

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 04 05 blocked, which is against the principles: the damage should be average height will not be able to lie and stretch his arms and legs Fourteenth Amendment to the United States Constitution prohibit the with the Constitution” should be applied to not only the criminal minimized and legal interests should be balanced. In this regard, the straight out. In this respect, the conduct of accommodation in this case deprivation of life, liberty or property without due process of law. On the proceedings but also the administrative actions that can burden the freedom of assembly has been violated by infringing the principle of that took place in a very narrow area and prevented the claimant to other hand, such provisions are not included in the Korean Constitution public. In this regard, there is no reason for this principle to be proportionality.” (2014Hun-Ka3, September 29, 2016, Constitutional maintain the minimum dignity violates the claimant’s human dignity and and Articles 12 and 16 only regulate the warrant requirement. However, overlooked or changed just because the case is about taxation Court) value.” (2013Hun-Ma142, December 29, 2016, Constitutional Court) the Constitutional Court stated “Article 12.1 & 3 of the Constitution disposition. Although additional tax is levied as a part of main tax, the correspond to the general provisions of principle of due process. The essence is a kind of administrative restriction that is imposed to a As a result of the Constitutional Court’s decision, there is no place for The Constitutional Court’s decision has established a practical principle Constitution stipulates the principle of due process as the fundamental taxpayer who has violated his duty specified under the tax law without administrative opportunism, which used to arbitrarily block the public’s that is like a golden rule. The practical principle stipulates that the principle of the Constitution in that all public authorities, including justifiable reason in order to easily exercise authority of taxation and expression of opinion, to stand in the country. In 2016, the Constitutional exercise of public power should ensure the human dignity and value, the legislative and administrative bodies and not limited to the area of realize tax claim. In this respect, the principle of due process should be Court ruled that the practice of “concentrated accommodation,” which core values of the Constitution, of not only Koreans but also foreigners. criminal proceedings should be assured of substantive and procedural carried out more strongly. Therefore, the disposition of additional tax indiscriminately accommodates as many prisoners as possible in a Now, Korea is shifting from a rule of law nation to a constitutional legality.” (92Hun-Ga8, December 24, 1992) imposition will be regarded as illegal if only the total amount of the limited space in prison, violates human dignity due to the following nation by confirming the principle that the standards for every action additional tax is filled in without clearly specifying the types of tax and grounds. “In accordance with Article 10 of the Constitution that should comply with the Constitution. This goes beyond the old thinking As a result of the Constitutional Court’s decision, the National Assembly basis of calculation of such tax. guarantees human dignity and value, it is prohibited to treat a person as that when the administrative bodies and public authorities execute the enacted the Administrative Procedures Act, a general law of due a mere object of state action or impose inhumane and cruel punishment laws enacted by the National Assembly perfunctorily, this is in process, in 1996 and specified related provisions in the Framework Act For this ruling, it is noteworthy that the Supreme Court has elevated the when the nation exercises punishment power. In case of criminal accordance with the principle of rule of law. on National Taxes (chapter for rights of taxpayers), the Act on the principle of due process to the constitutional principle. Of course, the administration, it is prohibited to accommodate a person in a facility Regulation of Violations of Public Order and the Framework Act on Constitutional Court regards the principle of due process as the where fundamental rights of survival are deprived. The actual area that The fact that cannot be overlooked when Korea transformed from a rule Administrative Investigations. The principle of due process was able to constitutional principle and this is applied not only to the criminal had been allocated to a claimant, a male adult, was 1.06 for 2 days and of law nation to a constitutional nation for the last 30 years is that the take root in rule of law and constitutional nation in Korea thanks to not proceedings but also legislative and administrative proceedings. 16 hours and 1.27 for 6 days and 5 hours. The accommodation area per country has focused on the constitutionality and legitimacy of state act only the legislation of such positive laws but also the case decisions of However, the Constitutional Court generally states warrant requirement person is very small and narrow and, therefore, a male adult with and the importance of procedural justice. The Fifth Amendment and the the Constitutional Court and the Supreme Court. In particular, the under Article 12.1 & 3 of the Constitution when making a verdict. For the Supreme Court reached a series of decisions that emphasize the above case, the Supreme Court mentioned “the constitutional principle importance of prior notification and gathering opinions for the other of due process” but did not state specific provisions under the party in order to realize transparency, impartiality and credibility of Constitution. It seems that the Supreme Court takes the principle of due public administrative action in case of disposition that can have process under the Constitution of a rule of law nation. negative legal effects to the other party even if the application of the Administrative Procedures Act is excluded due to the complex norm What is more interesting is that the Supreme Court emphasized that the structure of the Act. (For instance, Supreme Court decision administrative opportunism will not be tolerated in the rule of law 2011Du30687, January 16, 2013) arena. Such administrative opportunism was played by a tax office against a taxpayer insisting that even though they do not specify the The Supreme Court ruled the 2007 case “Cancellation Request for types of additional taxes or the basis of calculation of such taxes in the Promotion Failure Disposition” (Supreme Court decision 2006Du20631, payment notification and just write the total amount of the additional September 21, 2007) on the same note with the above decision. The taxes, the taxpayer should be able to look up the regulations of tax law Supreme Court decided that the disposition in accordance with the by himself in order to find out what additional taxes have been imposed legislation on the public service personnel is illegal as even though the and how to calculate the tax basis. The nation has a duty to sufficiently Administrative Procedures Act excludes the application of such inform the public the contents of administrative activities. If every action legislation in principle, the disposition of canceling the promotion of a of the nation can only be justified under the consent of the people, the person, who was included in the promotion list under the legislation on due process will ultimately contribute to the sovereign of the people. military personnel, without granting an opportunity to submit his an opinion goes against the procedure. The constitutional trial, due process and judicial culture leading a new era are now in front of Korea’s society. Although there have been some There is a principle of law where the principle of due process should be regressive changes in the history of Korea, the nation has not only an examination standard that recognizes the illegality of disposition as a successfully achieved industrialization and democratization but also peremptory norm when unfavorable disposition where the rights of the developed political capabilities to build a mature civil society. It could other party are limited while obligations are granted even though the not be more timely for Korea to blossom an advanced culture of rule of Administrative Procedures Act does not apply such disposition in law. Oh, Korea! Transform from a rule of law nation to a constitutional principle. This principle of law reached its peak with the Supreme nation. (Vom Rechtsstaat zum Verfassungsstatt!) Let the enlightened Court’s decision on the notification on additional tax payment in 2012 people be with you. (Supreme Court en banc decision 2010Du12347, October 18, 2012). The Supreme Court stated that “the principle of due process in accordance

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 06 07

Recent Trends of Law & Regulation in Korea | Introduction to the Korean Legal System

2. Main Contents of Video Notarization System The e-notarization system handles the whole process from a client commissioning a certification for an electronic document to a While video notarization is a type of e-notarization based on the designated notary public carrying out a notarization. Under the e-notarization system, it is innovative in that a remote face-to-face e-notarization system, paper documents and seals (or signatures) are meeting between a client and notary public can be arranged by utilizing replaced with files and electronic signatures, notarized files can be kept Introduction to the the state-of-the-art online video technology. The article will first in the system for 20 years and the verification of the notarized files can examine the e-notarization system, which is the foundation of video be easily conducted within the system. Video Notarization System notarization, and then look into the details of the method and effects of The e-notarization is divided into three types: authentication of private video notarization. documents, proceedings and articles of association. Notarization affairs, such as drafting notarial deeds and giving a fixed date cannot be A. E-Notarization System handled through the current e-notarization system. An electronic As the use of electronic documents expanded following the document can be authenticated by the following methods: 1) having a advancement of information and communications technology (ICT) and client affix his electronic signature onto electronic documents and increase in the amount of information, there was a request to establish attach information containing the fact to the electronic documents by a service environment where notarization, which had only been possible electronic means and 2) having a client or his agent confirm an through paper documents, can be performed electronically through the electronic signature on electronic documents and then attaching electronic signature of a designated notary public. The e-notarization information containing such fact by electronic means to electronic system, which is under the management and supervision of MOJ, was documents. When authenticating electronic documents, if a client takes implemented in 2010. To date, around 900 cases of e-notarization have an oath in the presence of a designated notary public that the contents been executed. E-notarization confirms the content of the information in of electronic documents are true and correct and affix his electronic 1. Introduction The Legal Affairs Division of response to the changes or losses in the electronic documents and signature thereto or confirm a digital signature, the designated notary the Ministry of Justice electronically notarizes the information in order to verify the content of public can attach information containing details of such an oath to the With the facilitation of e-commerce, the demand for electronic documents increased. As people the information in case a dispute arises. Among the appointed or electronic documents by electronic means (Article 66.5 of the Notary called for the use of electronic documents in the notarization area where business was handled authorized notaries, a notary public who can handle notarization affairs Act). Any designated notary public who provides authentication on through paper documents, the Ministry of Justice (MOJ) revised the Notary Act in February, 2009 regarding electronic documents is referred to as a designated notary electronic documents can preserve information that can confirm identity to introduce e-notarization system to ensure private documents, including articles of association public and the Minister of Justice appoints such notary public prescribed with information mentioned in the authenticated electronic documents. and proceedings to be electronically notarized. Under the current law, however, a client had to visit by Presidential Decree as a designated notary public. A client can request a designated notary public 1) to keep electronic the notarization office at least once to apply for an e-notarization. In order to resolve such documents in which information identical to the authenticated electronic inconvenience, the Ministry adopted the video notarization system where the client can have a documents in the system server for 20 years and 2) to confirm identity of video conference with a notary public either via web cam of the Ministry’s e-notarization system authenticated information and provide identical information (Article 66.8 website or his smartphone to obtain a notarization. The client no longer has to visit the of the Notary Act). notarization office. With the e-notarization system went into effect, a notarization environment has been established to meet the requests of companies that electronically carry out registration affairs. However, under the current Notary Act, there still exists inconvenience for a client who needs to visit the notarization office to meet a notary public. Such inconvenience is an obstacle to promoting e-notarization and MOJ adopted the video notarization system that utilizes cutting edge ICT to overcome such obstacle.

B. Method of Video Notarization System Video notarization is a system where a client can have a video conference with a notary public either via web cam of the Ministry’s e-notarization system website or his or her smartphone to obtain a notarization. In order to utilize video notarization, a client first needs to access to the e-notarization system and then go through identification procedure. The identification procedure involves submission of his or her identification card electronically, officially approved electronic signature and self-authentication through his or her smartphone. When the client’s [Picture 1] MOJ’s E-Notarization System Website identification has been confirmed, his or her and a notary public will

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 08 09 engage in a video conference to execute a notarization. The whole C. Effects of video notarization Estimated cost reduction notarization process will be recorded so that such recorded file can be 1) Reduction in socio-economic expenses Table 2 Comparison of cost and time taken for applying for Korean notarization and Apostilles in the United States used as useful evidence when judging the legality of notarization affairs. When the video notarization takes into effect, socio-economic expenses After confirming the client’s notarization intention, the notary public will of clients will be cut down as expenses for commission agent, Application Cost Basis of Calculation Time Basis of Calculation perform a notarization electronically in the requested document. The transportation and time will decrease. In particular, corporations, which Method notarized document will be registered to the e-notarization system and need to obtain notarization frequently in order to register the resolutions On-site visit ₩ 2.5 million~3 million Transportation fees 3~5 days Air travel (2 days) issued as a file to the client’s email. decided at the general assemblies and board meetings, can benefit from (e.g. round-trip fare) Issuance of notarization and Apostille cost reduction when they use video notarization. (1~3 days)

Agent ₩ 50,000~100,000 Commission fees by the 11~13 days Delivery of EMS (10 days), Issuance of E-Notarization System 2) Elimination of notarization blind spots agents, EMS fees notarization and Apostille (1~3 Days) When the video notarization is implemented, the accessibility to Issue an Prepare notarization service is expected to be increased drastically as residents 4 e-notarization authentication 3 E-Notarization/ None - One day Immediate issuance via email and make living in blind spots that are geographically far from the notary offices Document registration electronic can obtain notarization without traveling to another city that has a notary E-Apostilles (preserved for 20 years signature when requested) office. Client Outline of video notarization Designated notary public 3) Function as evidence in case a dispute arises Access to Video 1 video Conference 2 As the whole process of video notarization will be recorded and back to Korea or hiring an agent. This is expected to reduce costs spent notarization (Remote preserved, the recorded file will play as evidence in case a dispute occurs on such inconveniences. If the video notarization is successfully identification process required) and improve the fidelity of the work of a notary public. connected to e-Apostilles, the demand is expected to increase by 24,000 cases. In this regard, 40% of the 60,000 Apostilles of MOJ will be able to 4) Possibility of connection to the e-Apostilles transform into video notarization, except for the Seoul area. Video notarization can be used for the authentication of private When the video notarization is executed in connection with e-Apostilles, documents, proceedings and articles of association. a project promoted by the Ministry of Foreign Affairs, Koreans who live ※Apostilles abroad can apply for notarization and Apostilles remotely without coming In order to use country A’s document in country B, 2-step procedure is required:①Confirmation by country A’s Ministry of Foreign Affairs, ② Expected demand for video notarization (※ As of 2016) Confirmation of country B’s embassy in country A. However, a member country of ‘‘the Hague Convention Abolishing the Requirement of Classification No. of cases Expected no. Reference Legalisation for Foreign Public Documents (the Apostille Convention)” can of cases use the document abroad with the 1-step confirmation by the relevant Total 3,758,294 221,297 authority. (Apostille Confirmation).

Notarial deeds 303,793 0 A document directly written by a notary public with the request of a client 3. Conclusion

Private documents 722,740 144,548 A document written between private individuals and certified by a notary public The video notarization system is the result of the concerns and efforts of MOJ striving to increase the benefits of the public by making the best out of the rapidly changing ICT environment following the advancement Articles of association 3,195 0 In accordance with Article 282 of the Commercial Act, a corporation is required to receive of electronic technology. At present, the National Assembly is revising authentication of articles of association and proceedings for corporation registration Proceedings 383,747 76,749 the law to adopt the video notarization system and a project to build a procedure. video notarization system is ready to take off. It is not an exaggeration ※ A notary public should verify that the articles of association and proceedings were to say that the video notarization will soon become an exemplary case written in legitimate procedure and based on factual matters. of conversion between law and new technology. Confirmation Date 2,253,322 0 A notary public stamps a date on the document written by the client to confirm that the document existed on that day. (Possible at the court, registry office and community service center). Others 91,497 0 Issue of certified copy, original copy or execution clause of the authenticated document in response to the request of a client or successor.

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Recent Trends of Law & Regulation in Korea | Law and Regulation

The National Assembly of the Republic of Korea

Enactments and Amendments of Law

NOTE: The translation is NOT official. It only serves as a guideline.

favors, he or she shall be subject to a fine for negligence of two to five Legislative Intent times the value of the financial or other advantage. With the enactment of The Improper Solicitation and Graft Act (Act No. relevant person receives the same improper solicitation again even 13278, promulgated on March 27, 2015, enforced on September 28, 01 The Improper Solicitation and Graft Act though he or she clearly expresses an intention to refuse the C Report of violations and protection of informants, etc. 2016), which includes contents requiring public officials, etc. who have Act No.13278, Mar. 27, 2015, New Enactment solicitation, he or she shall report such fact to the head of the relevant (Articles 13 to 15) received improper solicitation to show clear intentions of refusal and agency. 1) Allows any person that knows or has come to know that violations report to the head of the relevant institutions when the offer of improper Legislative Intent 2) Any person who makes an improper solicitation for a third party or of this Act has taken place or is taking place to submit a report to the solicitation is repeated to ensure the performance of their duties in a Due to consistently occurring corrupt public official cases recently, through a third party fines for negligence, and if a public official or public institution, supervisory institution, Board of Audit and fair manner and to secure public confidence in (in order to guarantee the public confidence in public institutions and integrity of public officials relevant person who performs his or her duties as directed by an Inspection, investigative agency, or the Anti-Corruption and Civil just execution of duty and secure the faith of citizens toward) public are facing crises which are the failure factors to becoming fair society improper solicitation, he or she shall be punished by imprisonment for Rights Commission where the violation has taken place. institutions, making possible restrictions on acts of receipt of money, and advanced country, and the institutional system is inadequate to not more than two years or by a fine not exceeding twenty million won. 2) Provides protective devices such as unfavorable measure goods, etc. unrelated to work or without compensation, and stating regulate them effectively. prohibition, identity privacy protection, responsibility exemption, etc. exceptions to money, goods, etc. prohibited from receipt, etc., intends to Thus, to exterminate the improper solicitation practice which hinders B Prohibition of accepting financial or other advantage to Public for public officials, etc. who have reported acts of improper determine matters entrusted by the law and the necessary details for fair performance of duties of public officials and relevant persons and Officials or Relevant Persons (Article 8, 22.1 and 23.5) solicitation, public officials, etc. who have reported or delivered enactment such as the details regarding improper solicitation and prohibit public officials and relevant persons from accepting financial or If a public official or relevant person accepts any financial or other money, goods, etc. prohibited from receipt, or a reporter, etc. of the acceptance of prohibited money, goods, etc., or the price range for food other advantages even though there is no duty relation or compensation advantage in excess of one million won at a time or three million won in violation of this Act. and drinks, congratulatory or condolence money, gifts that are provided to ensure that public officials and relevant persons fulfill their duties a fiscal year from the same person regardless of the relationship for the purpose of smooth duty execution, socializing and formalities, or uprightly and to secure public confidence in public institutions. between such offer and his or her duties, and the motive for such offer, Enforcement Date Sep. 28, 2016. congratulations or condolences, etc. including contribution, sponsorship, donation, etc., he or she will be Main Contents punished by imprisonment for not more than three years or by a fine not Main Contents A Prohibition of Improper Solicitations to Public Officials or Relevant exceeding thirty million won. If a public official or relevant person shall 02 Enforcement Decree of the Improper A Reporting and processing, etc. of improper solicitations of the head of Persons (Article 5, 7, 22.2 and 23.1 to 3) accept any financial or other advantage not exceeding one million won Solicitation and Graft Act the relevant institution (Articles 3 to 5) 1) No one shall solicit any public official or relevant person performing at a time or three million won in a fiscal year in connection with his or 1) Public officials, etc. intending to report a receipt of improper Presidential Decree No. 27490, Sep. 8, 2016, Enactment his or her duties, directly or through a third party, if a public official or her duties, regardless of whether such offer is given in exchange of any solicitation shall turn in a written report including the personal

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 012 013

information, details of and reasons for the report (personal details and higher, four hundred thousand won for deputy ministerial level or B To allow prisoners under criminal investigation or trial condemned the purpose and details of the report) to the head of the relevant higher, three hundred thousand won for level 4 or higher, two hundred prisoners, to wear plain clothes when participating in an investigation or 05 The Customs Law institutions. thousand won for level 5 or lower, for public servants and for those a trial. (Article 88) Act No.14379, Dec. 20, 2016, Partial Amendment 2) In cases of receipt of report of improper solicitation from public who are acknowledged as public servants by the qualification, officials, etc. the head of the relevant institution shall carry out employment, and guarantee of the status etc. C To allow outdoor activities of those who were imposed of solitary Legislative Intent necessary investigation based on the report and carry out disciplinary 2) The maximum limit of honoraria for outside lectures for private confinement, except for the cases in threatening the security of the The Amendment aims to ameliorate and redress insufficient parts which proceedings, or notify the investigative agency or court of competent school faculty and the executives and staffs members in press etc. facilities or order. (Article 112) are in the process of present systems by a) redressing the way of jurisdiction according to the investigation. will be fixed at one million won per hour. deciding the taxable price of imports of importers under special Enforcement Date Dec. 2, 2016 relationships, b) adding considerations when it comes to charging anti- B Measures regarding public officials who have received an improper F Ways of reporting on honoraria exceeding the limit (Article 27) dumping or countervailing duty and c) extending prior notification solicitation (Article 7.2) 1) For public officials who receive the honoraria exceeding the limit deadline for customs investigation. In the case where the head of the relevant institution recognizes that it for outside lectures etc. need to report to the head of the organization 04 Act on the Exercise of Sovereign Rights on is inconvenient for the public official, etc. who has received improper within two days of acknowledgment of the fact. Foreigners’ Fishing, etc. within the Exclusive Main Contents solicitation to perform his duties, the designation of a joint executioner 2) The head of the organization need to notify the amount of A Supplementing the way of deciding taxable price of imports of or a change of job description should be allowed. honoraria to be returned within seven days of confirming the report, Economic Zone. importers under special relationships. (Article 37.4) while the notified public officials need to return the corresponding Act No. 14507, Dec. 27, 2016, Partial amendment The head of customs office may require importers under special C Transfer of reports of improper solicitation by the Anti-Corruption amount without delay, and report to the head of organization. relationships to file objective evidence which is able to differentiate and Civil Rights Commission (Article 12.1) Legislative Intent commission from other expenses when it is difficult to distinguish The Anti-Corruption and Civil Rights Commission shall make transferals G Organization and management of the anti-corruption advisory For the purpose of protecting marine biological resources and to whether importers’ commission (or brokerage, etc.) is mixed with other to the investigative agency when it is recognized that criminal charges committee (Article 39) ensure stable fisheries of the fish industry, all foreigners without the costs or not on data submitted by the importers under special exist or there is need of investigation, to the Board of Audit and The head of the public organization can organize the anti-corruption permission of the Minister of Fisheries and Oceans within the relationship and related with the decision of taxable price. If they do not Inspection when the need for inspection is recognized, and to relevant advisory committee for reviewing cases of the disclosure of improper exclusive economic zone, but the specified prohibited zone, will be submit the objective evidence by the date of submission, he may fix the institutions or supervisory institutions in other cases where it is solicitation, reporting and handling of the improper solicitation and fined under from existing two hundred million won three hundred market price according to the data submitted. recognized that transferring to the investigative agency or the Board of graft, recommendation for the payment of the reward. million won, and any possessed fishes for the unpermitted fishery will Audit and Inspection is inappropriate. be confiscated. B Adding considerations when charging anti-dumping or countervailing duty. (Article 52.2 and Article 58.2) D Price range for food and drinks, congratulatory or condolence money, 03 Administration and Treatment of Enforcement Date Dec. 27, 2016 The minister of Strategy and Finance can investigate the market gifts, etc. (Article 17 and Supplementary table 1) Correctional Institution Inmates Act structure if the anti-dumping or countervailing duty could cause 1) The price range for food and drinks, congratulatory or condolence oligopoly as the supply of imports decreases. Therefore he may consider Act No. 14281, Dec. 2, 2016, Partial amendment money, gifts that are provided for the purpose of smooth duty execution, socializing and formalities, or congratulations or Legislative Intent condolences and which therefore does not fall under the money, As the Constitutional Court have sentenced constitutional discordance goods, etc. prohibited from receipt shall be, for food and drinks, under adjudication and decision of unconstitutionality, on the current law thirty thousand won, for congratulatory or condolence money, under Article 88 which does not apply regulation on pretrial inmates’ wearing one hundred thousand won, and for gifts, under fifty thousand won. plain clothes for those who participate the criminal trial as a defendant, 2) In cases where food and drinks, gifts are received together, the and on the current law Article 112, Clause 3 which prohibits outdoor value of each will be added and the total amount shall be within fifty activities during the period of solitary confinement, it is to reflect the thousand won while the value of each shall not exceed the limited purpose of the court’s decision, and in the meantime, to clarify the price range for each food and drinks, and gifts. definition of the term “prisoner”, and organize the relevant terminology, 3) In cases where congratulatory or condolence money, food and as the term “contagious disease” in Infectious Disease Control and drinks, gifts are received together, each value will be added and the Prevention Act is being changed into “infectious disease”. total shall be within one hundred thousand won while the value of each shall not exceed the limited price range for each congratulatory or condolence money, food and drink, and gifts. Main Contents A To specify the people as detained in the correctional institution, by E Maximum limit on honoraria for outside lectures etc. (Article 25 and clarifying the definition of the inmates, and to organize the relevant asterisk 2) terminology regarding the law as for the change of the terms used in 1) The maximum limit per hour of honoraria for outside lectures etc., Infectious Disease Control and Prevention Act. (Article 2 and Article 35) shall not exceed five hundred thousand won for ministerial level or

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 014 015 these factors when he decides those duties. It is to apply for the new classification criteria which are changed in Legislative Intent accordance with 《The International Agreement on Harmonized System》 As the International Conference Industry Promotion Act is amended 08 International Disease Eradication Fund Act C Extending prior notification deadline for customs investigation. to the tariff schedule. (Act No. 13247, Promulgated Mar. 27, 2015, Enforced Sep. 28, 2015) Act No. 14404, Dec. 20, 2016, Enactment (Article 114.1) because of issues such as designating international conference Traditionally, a customs officer shall notify taxpayers who are going to I The suspension of cutbacks in tariff reduction for the part and raw complex and international conference accumulation center that Legislative Intent be examined of “the object of investigation” and “the grounds for it” materials which are used for manufacturing of fixing semiconductor integrate related facilities like conference facilities, accommodation, This enactment intends to install International Disease Eradication within seven days before the date of the start of the investigation. equipment. (Article 14.2 of the Addenda of the customs law as amended shopping etc. and providing grounds for financial assistance, this Fund in order to secure funds needed to support prevention and However, the deadline (“within seven days”) was changed to “within ten by Act No.11602) enforcement decree is intended to determine matters delegated by eradication of diseases in developing countries in the sphere of days”. This is to increase the possibility of tax payers’ prediction. This is aimed to support semiconductor equipment industry so that this law and what is needed to enforce them, such as determining government finance, while designating what is necessary for its industry enhances competitiveness by designated requisite for International Conference Complex and types operation and management, as well as abolish Contribution to D Expanding the coverage of the agents of the applicants who raise an 1) Extending the customs reduction period for the part or raw and sizes of facilities that can be appointed as International International Poverty Eradication that was up until now, created and objection to a small sum. (Article 126.2 is newly added) materials which are used for manufacturing or fixing semiconductor Conference Accumulation Facility. organized according to Korea International Cooperation Agency Act. This is aimed to reduce the taxpayer’s cost burden for the assignment of equipment of companies other than small and medium businesses the agent. In case the amount relevant to the object of the request for from Dec. 31, 2018 to Dec. 3, 2019. Main Contents Main Contents an objection, the request for an inspection, or the request for an trial is Extending the customs reduction period that businesses other than A Types and sizes of facilities that can be appointed as international A Establishment of International Disease Eradication Fund Act. (Article 3) under a specific sum of money, the applicant may appoint “the spouse small and medium businesses conference accumulation facility. (Article 4 is newly added) In order to secure funds that are needed for supporting prevention and of the applicant or the claimant” or “blood relatives within 4-chon or 2) Fixing tariff reduction percentage as being equivalent to (a) 60/100 Types and sizes of facilities that can be appointed as international eradication of diseases in developed countries, the government is those of the spouse” as a his/her agent. for goods reported in 2017, (b) 40/100 for goods reported in 2018 and conference accumulation facility is limited to tourist accommodation establishing International Disease Eradication Fund that uses (c) and 20/100 for goods reported in 2019 each. business facilities that hold more than one hundred rooms, large scale government investment and departure payment as its financial E Expanding non-taxation for the samples from the bonded areas. shops like department stores and concert halls that hold more than five resources. (Article 161.3) hundred seats. The samples which are reported may be regarded as the ones that tariff 06 International Conference Industry B Purpose of International Disease Eradication Fund Act. (Article 4) B is paid and therefore accepted, when it is confirmed by the head of a Promotion Act Designation and rescission of international conference complex International Disease Eradication Fund will be used for the purpose of customs as the civil servants collected the samples for the sake of district. (Article 13.2 is newly added) supporting the prevention and eradication of diseases in developing Act No. 14427, Dec. 20, 2016, Partial Amendment inspection. In addition, the samples are collected by public servants (but 1) This enables mayors or governors to designate regions that satisfy countries and supporting international organizations and private they belong to other departments, not customs department, based on Legislative Intent and Main Contents the required conditions such as having a professional conference organizations that mainly aim to prevent and eradicate diseases in other Acts). The current law allows local government heads that possess or have facility within the designated area and the number of foreigners that developing countries. jurisdiction over International Conference Facilities install an exclusive participated in the conference that took place in the designated area 1) Payment of international departure fee. (Article 5) F Easing off conditions of cancellation of patent in a licensed bonded organization if needed, in order to efficiently promote related tasks, is more than five thousand in the previous year or on average for the For anyone who leaves Korea through a Korean airport, one thousand area. (Article 178.2.4) but there is no legal basis for local governments to support the past three years, as an international conference complex district. won of fee shall be imposed to those who take economy class as This relaxation is to mitigate the operational burden of a licensed expenses needed for installation and managing the organization. 2) In the case of mayors or governors rescinding designation of under current law. Those who take upper class shall be charged bonded area, Except for cases when there is explicit evidence on the legislation, international conference complex district, the relevant name, location within the scope of one thousand won on a sliding scale depending 1) by decreasing the number of the cancellation of patent due to the Local Finance Act Article 32.2 prohibits delivering local subsidy as and expected date of rescission of the international conference on their flight class. aggravation of export-import conditions (the patent would be operating expenses, which makes it difficult for local government to complex district should be publicly announced on the relevant local 2) Operation and management of Global Disease Eradication Fund. cancelled if the period is exceeded) and therefore support operating expenses for exclusive organizations that are government web site for more than 20 days, in advance. (Article 6) 2) by extending the period - during which there is no incoming goods currently in charge of work related to international conference. This article provides that Global Disease Eradication Fund is operated in the area - from one year to two years. Because of this, the act aims to contribute in stable management of C Designation of international conference accumulation facility. and managed by the Minister of Foreign Affairs, and he or she may exclusive organizations by providing grounds for local government (Article 13.4 is newly added) entrust the affairs relating to the operation and management of the G The alleviation about the goods which are delivered into a bonded heads that possess or have jurisdiction over International Conference This enables Minister of Culture, Sports and Tourism to designate Fund to Korea International Cooperation Agency under Korea factory. (Article 186.2) Facilities to entirely or partially support expenses needed for accommodation facilities and sales facilities that are located within International Cooperation Agency Law. Traditionally, in case of foreign goods delivered into a bonded factory, installation and managing the exclusive organization. International Conference Complex, are equipped with guidance system 3) Employment of non-governmental experts. (Article 9) operators had to prove whether the goods obtained permission and and convenience facilities for foreign users, and have business This article provides that the Minister of Foreign Affairs may employ approval or not. The list of them was prescribed by Act. However, it is Enforcement Date Jan. 1, 2017 partnership agreement with professional conference facilities in the non-governmental experts for the purpose of effectively performing changed to ease off burden of bonded factory’s operators by decreasing international conference complex as international conference the tasks of execution, evaluation and settlement of account of Global the cases that they have to prove permission and approval. The cases accumulation facility. Disease Eradication Fund and of management of surplus fund. only consist of some goods which are chosen and notified by the head 07 Enforcement Decree on International of customs among all the goods which are delivered into the factory. Conference Industry Promotion Act Enforcement Date Sep. 28, 2015 Enforcement Date Jan. 1, 2017 Presidential Decree No. 26540, Sep. 22, 2015, Partial Amendment H the Change of classification pursuant international criteria (table)

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operators under the name of Special Account for Remedy. These articles Main Contents 09 Narcotics Control Act 10 Special Act on Remedy for Injuries from the provide that the Allotted Charges are calculated according to the 1. This Act aimed at contributing to enhancing the quality of residential Act No. 14353, Dec. 2, 2016, Partial Amendment Humidifier Disinfectants number of sufferers and sales. (Article 34 and 35) life by regulating necessary provisions to maintain neglected empty house and vitalize small-size house maintenance. (Article 1) Act No. 14566, Feb. 8, 2017, Enactment Legislative Intent F Establish humidifier disinfectant total support center for supporting 2. A chief of local government establishes and implements empty house While illegal advertisements which induce misuse or abuse of Legislative Intent humidifier disinfectant victims and establish and manage humidifier maintenance plan through deliberation of Provincial City Plan Committee narcotics (e.g. advertisements about illicitly manufacturing narcotics Until Nov 8, 2016, as many as 5117 people claimed damage from the disinfectant health care center for investigation and research of health based on the result of empty house survey on actual condition. (Article 4) using manufacturing methods uploaded online) are steadily put, they Humidifier Disinfectants to the government, and the death toll hit damage. (Article 40) 3. A chief of local government can carry out factual survey regarding cannot be punished unless proved guilty of sale of narcotics, 1064. The damage is tremendous and inestimable, as shown in some empty house or house which is estimated to be empty. (Article 5) attempted sale, fraud, etc. after the post concerned is deleted or research and poll indicating that those who died of pneumonia caused 4. A chief of local government can collect and utilize personal blocked. Owing to the absence of any legal basis for punishment other by the Humidifier Disinfectants are as many as 20000 and nearly 20% 11 Act on Special Cases concerning Empty information including national tax, local tax, and water and electricity than merely blocking the post or advertisement concerned, it is of citizens have ever used the Humidifier Disinfectants suggest. House and Small-size house Maintenance fees for empty house survey on actual condition. (Article 8) necessary to strengthen actions towards any advertisements or posts Henceforth, this special act is enacted to seek measures to prompt 5. A chief of local government can order necessary action such as Act No.14569, Feb. 8, 2017 which induce misuse or abuse of narcotics, by prohibiting remedy for sufferers of the Humidifier Disinfectants and to provide repudiation when empty house susceptible to safety accident or crime advertisements of narcotics and their manufacturing methods. sustainable support. Legislative Intent occurrence, and can demolish the house by authority when the owner In addition, in order to strengthen the employee accountability of the Recently as low birthrate, aging and low growth have continued, does not follow it without special reason. (Article 11) staff of Korean Association Against Drug Abuse and ensure that they Main Contents multiple large scale maintenance businesses are delayed and 6. A chief of local government can create empty house information contribute to public interest, it is necessary to specify articles on their A The purpose of this Act is to implement a prompt and fair relief for interrupted as national supply ratio of housing has exceeded 100 system based on the result of empty house survey on actual condition. legal fiction as public officials. suffers and their bereaved family damaged by the Humidifier percent and empty houses are consistently increasing due to the (Article 15) Disinfectants which were proven to be containing toxic substances. decline of old downtown areas. 7. A chief of local government should unitarily deliberate provisions Main Contents (Article 1) regarding architectural review, city and military management plan which A New provision on prohibition of any acts regarding advertising on Although various social problems regarding concern of safety accident are related to small-size house maintenance business. (Article 27) manufacture and sale of narcotics. New provision on penalty for B Establishment of Committee on Remedy for Injury from the or crime occurrence and being an obstacle to city’s fine view or 8. The implementer of roadside house maintenance business and small- whoever is in violation of the provision above. (Article 3 Subparagraph Humidifier Disinfectants under the Ministry of Environment in order to residential environment have aroused due to the increase of empty size rebuilding business should write business implementation plan 12 and Article 62 Paragraph 1 Subparagraph 3 are newly added.) have the Committee deliberate and resolve on matters regarding house, definition about empty house is different by every local including management and disposal plan, and be approved by a chief of payments of remedial benefits for injuries from the Humidifier government and institution to systematically maintain empty house local government through decision of general meeting of association. B Revision for allowing manufacturers of narcotics or exporters and Disinfectants. Establishment of an expert committee on Examination including empty house survey on actual condition or establishment of (Article 29, Article 30) importers of narcotics to advertise on information about psychotropic and Determination of Lung Disease and an expert committee on maintenance plan is absent. 9. When the building site or construction of empty house is unfit to law substances that have obtained item permissions, and elaboration on the Examination and Determination of Extra pulmonary Disease under Moreover, the main content of current ‘Act on the Maintenance and due to enactment or revision of law, it can be reconstructed or its use criterion for it. (Article 14) Committee on Remedy for Injury from the Humidifier Disinfectants. Improvement of Urban Areas and Dwelling Conditions for Residents’ can be altered through deliberation of local construction committee. (Article 7) consists of large scale maintenance business, and although there are (Article 46) C The staff of Korean Association Against Drug Abuse who is not a provisions related to small scale maintenance business such as 10. Regarding small-size house maintenance business, building standard public official is treated as a public official when applied Article 127 and C In order to provide relief for suffers of the Humidifier Disinfectants, roadside house maintenance business, support regulation for vitalizing including landscape, the building-to-land ratio, open space standard Article 129 through 132. (Article 51-4 is newly added.) the Minister of Environment shall pay medical benefits, allowance for the business is insufficient. In particular, public multilateral support for within a place, height limit can be relaxed and establishment of parking medical care and living costs, funeral expenses, attendance allowance, small-size house maintenance is required with regard to the fact that lot can be substituted with establishment cost payment of attached Enforcement Date Jun. 3, 2017 special consolation for bereaved family members, special funeral more than 60 percent of low-income group resides in detached house parking lot about building which is constructed by empty house and expenses, remedial benefit adjustment on the premise of subrogation of or multiplex house. small-sized house maintenance business. (Article 48) claim for damages. (Article 12 through 20) Therefore, by newly enacting ‘Act on Special Cases concerning Empty 11. Floor area ratio can be relaxed to the maximum limit fixed by the House and Small-size house Maintenance’ which is about empty related law if empty house and small-sized house maintenance business D Establishment of Special Account for Remedy in Korea house and small-size house maintenance, institutional grounds are constructs public rental housing and quasi-public rental housing with Environmental Industry Technology Institute for the purpose of paying arranged, and by transferring the roadside house maintenance more than 20 percent of total floor area. (Article 49) benefits to those sufferers who cannot receive remedial benefits due to business which is regulated by ‘Act on the Maintenance and 12. The Minister of Land, Infrastructure and Transport or a chief of local having little knowledge of the business operators who take the liability Improvement of Urban Areas and Dwelling Conditions for Residents’, government can support lease administration if rental house is for damages and to those applicants of benefits who are deemed business procedure is simplified; support regulation including special constructed as empty house and small-sized house maintenance necessary for support equivalent to remedial benefits. (Article 31) provisions such as relax of building regulation and construction of business. (Article 51) rental house, designation of maintenance support organization, E Regulations of Allotted Charges for the Humidifier Disinfectants technological support and providing information would be newly Enforcement Date Feb. 9, 2018 Injury Relief and contributions which are borne by the Humidifier established. Disinfectants business operators and source material business

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information without the consent of the holder of information, the Main Issues and Holdings standard of determining whether the said conduct inflicted such [1] Meaning of “wiretapping of telecommunications,” one of the emotional distress on the information-holder as to be compensable as communication-restricting measures prescribed under the Protection of pain and suffering. (Solatium) Communications Secrets Act and whether acts such as accessing the remaining telecommunications records or contents whereby reception Summary of Decision was completed falls under the meaning thereof. (Negative) “Personal location information” means information pertaining to the [2] Matters of compliance when an investigating agency or a location where an individual is present or had been present at a specific communications agency entrusted by an investigating agency, etc. point in time and collected by means of telecommunications equipment executes measures to restrict communication and method of execution facilities and telecommunications line equipment and facilities under if the type of restrictive measure permitted involve the “wiretapping of Article 2 subparags. 2-3 of the Framework Act on Telecommunications. It telecommunications” / Whether telecommunications contents, etc. that includes information which, although by itself is not sufficient to identify an entrusted communications agency, etc. obtained without complying an individual’s location, may easily be combined with other information with the details indicated on the written form for authorizing to identify that individual’s location (Article 2 subparags. 1-2 of the Act communication-restricting measures can be deemed inadmissible on the on the Protection, Use, etc. of Location Information). When analyzed in ground that it constitutes illegally obtained evidence. (Affirmative) its totality along with other information, location information may in turn enable identification or determination of major components of the Summary of Decision individual’s privacy, such as the individual’s religion, relationship, [1] In accordance with the Protection of Communications Secrets Act hobbies and places frequented. As such, any unauthorized revelation, (hereinafter “Act”), “communication-restricting measures” refer to the Court abuse, or misuse of location information raises grave concern with censoring of mail or wiretapping of telecommunications (Article 3(2)); respect to privacy infringement. In this light, the former Act on the “telecommunications” refer to “the transmission or reception of all kinds Protection, Use, etc. of Location Information (amended by Act No. 13540 of sounds, words, symbols or images by wire, wireless, fiber cable or Decisions of Dec. 1, 2015) provides that no one shall collect, use or provide the other electromagnetic system, including telephone, e-mail, membership location information of an individual or mobile object without the information service, facsimile and radio paging” (Article 2 subparag. 3); NOTE: The translation is NOT official. It only serves as a guideline. consent of the individual or the owner of the mobile object and renders and “wiretapping” means “acquiring or recording the contents of any violation liable to criminal punishment (see Articles 15(1) and 40). telecommunications by listening or communally reading the sounds, In the event a third party has collected, used or provided personal words, symbols or images of the communications through electronic and location information without the consent of the holder of information, mechanical devices without the consent of the party concerned or restoration is the realm that needs high level of policy decision so that the question whether the said conduct inflicted such emotional distress interfering with their transmission and reception” (Article 2 subparag. 7). 01 Seoul Administrative Court Decision 2016Gu-Hap2267 Decided Minister of Justice has a wide range of discretionary power. From this on the information-holder as to be compensable as pain and suffering In light of the concept of “wiretapping” defined under the Act, Aug. 18, 2016 [Judgment: Concluded] case, Seoul Administrative Court decided that A lost his nationality of (solatium) shall be determined on a specific, case-by-case basis by “wiretapping of telecommunications” means acquiring knowledge and Cancellation of Disposition of Refusal for Republic of Korea for the reason of military service evasion, considering taking full account of all the circumstances, including the following: 1) recording the contents of telecommunications transmitted and received Nationality Restoration Permission following circumstances: A, migrated to the USA a year before him whether the collection of location information made it likely to identify on a real-time basis, as well as interfering directly in the transmission being included in “eligible conscription status of class” and A entered the holder of information; 2) whether that or other third party perused or and reception of telecommunications and does not include acts such as and had stayed in the Republic of Korea within less than a month right otherwise used the location information collected; 3) whether the accessing the remaining telecommunications records or contents in Main Issues and Holdings after he got his USA citizenship, and A has continuously stayed in collection and use of that location information persisted over a which reception was completed. A, who has USA citizenship and stays in Republic of Korea requested Republic of Korea after one year and 9 months. prolonged duration; 4) the circumstances leading up to the collection of [2] The Act provides that the written form for authorizing permission of nationality restoration pursuant to Article 9(1) of the location information and how the collected information was managed; communication-restricting measures shall specify “the kind, objective, Nationality Act. However, Minister of Justice rejected it, stating the 5) the steps, if any, that were taken to prevent the infliction and/or scope, effective period, the place where the communication-restricting reason that A falls under “someone lost or abandoned his nationality of 02 Supreme Court Decision 2014Da56652 Decided Sep. 28, 2016 aggravation of injury from the collection and use of the location measures are executed and how such measures are executed” (Article Republic of Korea to evade military service.” From this case, Seoul Damages, Etc. information. 6(6)) and an investigating agency shall execute such restrictive Administrative Court decided that A lost his nationality of Republic of measures in accordance with the scope, method, etc. authorized on the Korea for the reason of military service evasion. (Source: eng.scourt.go.kr) written form. An investigating agency may submit a copy of the written Main Issues and Holdings form to a communications agency, etc. to execute communication- Summary of the Decision The meaning of “personal location information” under the Act on the restricting measures (Article 9(1) and (2)) and the entrusted A, who has USA citizenship and stays in Republic of Korea requested Protection, Use, etc. of Location Information and the rationale underlying 03 Supreme Court Decision 2016Do8137 Decided Oct. 13, 2016 communications agency, etc. shall likewise comply with the details permission of nationality restoration pursuant to Article 9(1) of the the prohibition against collecting personal location information and the Violation of the National Security Act (Creation indicated on the written form. Accordingly, in cases where the type of Nationality Act. However, Minister of Justice rejected it, stating the subjection of any violation to criminal punishment under the former Act of Pro-Enemy Organization, etc.; Infiltration and measure restricting communication involves “wiretapping of reason that A falls under “someone lost or abandoned his nationality of on the Protection, Use, etc. of Location Information. telecommunications,” an investigating agency or entrusted Republic of Korea to evade military service.” Permission of nationality In cases where a third party collects, uses or provides personal location Escape; Praise, Incitement, etc.) communications agency, etc. should not perform wiretapping using any

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 020 021 method other than that prescribed under the Act. neighboring resident is obligated to endure such a situation pursuant to [2] Whether daily life disruption due to noise from roads transgresses Moreover, Article 21(3) of the Enforcement Decree of the Act stipulates Article 217(2) of the Civil Act. (Affirmative) generally accepted social norms (hereinafter “bearable limit”) should be that an investigating agency shall provide the necessary equipment [2] Standard and considerations for determining whether the degree in determined by considering the totality of the circumstances, i.e., nature when entrusting a communications agency to execute communication- disruption of daily life caused by road traffic noise exceeds the and degree of damage, commonality of interests of injured parties, form restricting measures. In the event that such equipment is not available, “bearable limit”. and public nature of harmful act, injurer’s preventive measures or the entrusted communications agency, etc. should request the relevant [3] Whether it can be easily concluded that an act of infringement of likelihood of avoiding adverse effects, violation of regulatory standards investigating agency to provide the necessary equipment. If such unlawful nature exceeding the “bearable limit” occurred, solely based under the public law, locality and priority order of land use. Furthermore, request was not made and communication-restricting measures were on road traffic noise going beyond the environmental noise standard the following should be sufficiently taken into account: 1) Roads, which executed without complying with the details on the written form, the related to noise in roadside areas as prescribed by the Framework Act are critical infrastructure in modern life, largely contribute to intra- telecommunications contents, etc. obtained therefrom shall be deemed on Environmental Policy. (Negative) / In a lawsuit claiming disruption of regional transportation and well-balanced development and make it inadmissible on the ground that it constitutes evidence obtained illegally daily life due to road traffic noise, whether apartment residents’ easier and more convenient to carry out industrial and economic without following appropriate measures (Article 308-2 of the Criminal everyday lives are being disrupted beyond the “bearable limit” can be activities; urban development projects are also carried out with the Procedure Act) to guarantee citizens’ basic rights regarding the determined by measuring noise level in the living room while opening all pivotal element being the construction of road networks near the project protection of communications secrets under the Constitution and the the windows and doors in the direction of the noise source in order to areas. 2) In today’s day and age, vehicles are the main mode of Act. see if it exceeds the environmental noise standard, etc. under the transportation and residential crowding stemming from urbanization and possibility depending on victim’s subjective appeal that he/she has pain. Framework Act on Environmental Policy. (Affirmative in Principle) industrialization is being observed; against this backdrop, the occurrence (Source: eng.scourt.go.kr) and increase of road traffic noise to a certain level falls under Summary of Decision Summary of Decision unavoidable changes attributable to social development. In criminal case, injury diagnostic certificate can be a key evidence for [1] Under Article 217 of the Civil Act, “the owner of land has a duty to [3] The administrative law regulating road traffic noise mainly aims to certifying defendant’s criminal fact along with sufferer’s statement. 04 Supreme Court Decision 2014Da57846 Decided Nov. 25, 2016 take appropriate measures so that soot, heat gas, liquid, sound, protect neighboring residents from such noise and therefore, whether However, existence and causal relation of the fact of injury can be Establishment of Soundproof Facilities vibration and the like may not harm or disturb the neighbor’s living or road traffic noise exceeds the regulatory standard is a critical element to deemed when its proof reaches the degree that lacks rational doubt. use of the adjoining land” (parag. (1)) and “if the situation under the consider when setting the “bearable limit” in light of generally accepted Therefore, judging the probative power of injury diagnostic certificate preceding paragraph is appropriate for the ordinary use of the adjoining social norms. However, the occurrence of road traffic noise exceeding should be done very carefully when its objectivity and credibility can be Main Issues and Holdings land, the neighbor is obligated to endure such a situation” (parag. (2)). the environmental noise standard related to noise in roadside areas as challenged. Especially when the injury diagnostic certificate is issued [1] Whether noise constitutes a disruption of daily life as prescribed by Inasmuch as noise constitutes a disruption of daily life as prescribed by prescribed by the Framework Act on Environment Policy cannot be the only by medical possibility depending on victim’s subjective appeal of Article 217 of the Civil Act (Affirmative), and in cases where noise is Article 217, supra, a neighboring resident should endure the noise if sole ground to readily establish civil liability for committing an act of pain, probative power should be judged with logic and empirical law by appropriate for the ordinary use of the adjoining land, whether a deemed appropriate for the ordinary use of adjoining land. infringement of unlawful nature transgressing the “bearable limit.” examining followings: if diagnosis date and reporting date of diagnostic Accordingly, in the event of a lawsuit claiming disruption in daily life due certificate are close to injury occurrence point, if there are to road tariff noise, it is deemed tenable ― barring special circumstances that can cast doubt on reliability of injury diagnostic circumstances ― to determine whether apartment residents’ everyday certificate issue procedure, if injured area and degree of injury written in lives are being disrupted beyond the “bearable limit” based on the the injury diagnostic certificate correspond with cause and details of measured noise level in the living room (where daily routines mostly injury asserted by victim, if discomfort (or pain) appealed by victim was take place) while opening all the windows and doors in the direction of caused by a new reason which has no relation with pre-existing physical the noise source in order to see if it exceeds the environmental noise discomfort, the basis of issuing injury diagnostic certificate, the time standard under the Framework Act on Environmental Policy, rather than that victim had medical meeting with doctor after the injury incident, the based on the outdoor noise measured from the noise-affected area to reason and details of medical meeting with doctor, the progress of 0.5-1.0 meters away from the windows/doors or exterior walls of the medical checkups afterwards, etc. building in the direction of the noise source.

(Source: eng.scourt.go.kr) 06 Supreme Court Decision 2014Du43288 Decided Dec. 1, 2016 Cancellation of Retrial Adjudication for Discrimination Correction: Case of Fixed-Term 05 Supreme Court Decision 2016Do15018 Decided Nov. 25, 2016 Injury: Case Regarding Probative Power of Workers’ Discrimination Correction Injury Diagnostic Certificate [Gong2017Sang, 68] [Gong2017Sang, 122] Main Issues and Holdings Main Issues and Holdings [1] If fixed-term worker’s corrective benefit to claim correction of a Probative power of injury diagnostic certificate / Way to judge probative discriminatory treatment extinguish or not, in case of employment power of injury diagnostic certificate when it was issued by medical contract period expiring on the moment of correction application or

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payment, attributes and relevance of employment form, content of the prescribes that “A document written by a public official should state the task and range·authority·responsibility·labor intensity·quantity and written year, month and date with related public office and signed with quality, wage or other labor conditions, based on content of the affixation of signature and seal or signature unless other legal problematic unfavorable treatment in respective matters and the provisions regulate otherwise.” The written prosecution by the condition that employer claims to be the ground of the unfavorable prosecutor is included as “a document written by a public official”, thus treatment. follows aforementioned provision, requiring the prosecutor’s affixation of signature and seal or signature. The Criminal Procedure Act strictly prescribes the significance of paper 07 Supreme Court Decision 2015Do3682 Decided Dec. 15, 2016 and formality, due to its intentions of clearly stating the object of Violation of the Copyright Act (Partially adjudication for the court and sufficiently guaranteeing the right to Recognized Crimes about Defendant defense to the defendant. Thus, the submission of written prosecution in paper is an essential element for a prosecution, one of litigation acts, to 1·Defendant 2: Aiding and Abetting Violation of be valid. Also, the right to trial by aforementioned procedures by law is the Copyright Act·Partially Recognized Crimes prescribed in an Article 27 of the Constitution of Republic of Korea. about Defendant 3 Corporation: Aiding and Therefore, when a prosecution is filed without the submission of written Abetting Violation of the Copyright Act): Written prosecution in paper, with no special provisions approving this, prosecution as an act of litigation cannot be valid since the prosecution Prosecution Annexed in CD Case [Gong insufficiently followed apt procedures demanded by the Criminal 2017Sang, 191] Procedure Act. [2] When a public prosecutor writes a crime table, a part of a Main Issues and Holdings prosecuting fact, through a computer program as an electronic [1] Whether a prosecution is valid as an act of procedure when a document, which can either peruse or print and then does not print the prosecutor prosecuted a case without submitting a written prosecution. document in a paper form but submit the document in a storing medium (Principle Negative) with a written prosecution, prosecution is only filed to the contents of during the process of correction procedure pursuant to Article 9 of the Time Workers prescribes the comparison target worker needed the [2] Validity range of a prosecution (part written on the written the written prosecution, not those in a storing medium. This is due to no Act on the Protection etc. of Fixed-Term and Part-Time Workers. reason where discriminary treatment towards fixed-term worker existed prosecution) when a prosecutor writes a list of crimes which constitutes separate provisions on permitting electronical form of indictment and (Negative) as, “a worker who has concluded an indefinite employment contract at the facts charged through a computer program into an openable or unfeasibility to see the storing medium or electronical form of document [2] Criterion for judging whether the task of comparison target worker the corresponding business or business place carrying the same or a printable digital form document and attaches the storage medium as a “paper form”. There is no practical urgency present that the who was selected as a comparison target to judge discriminatory similar task.” including that digital form document directly into the submission of the capacity of the electronical document’s too large and no necessity to treatment towards fixed-term worker existed is same with or similar to Whether the task of the worker chosen for comparison is same with or written prosecution. / Whether the same legal principles is applied view it differently from the fact that the defendant and attorney did not the fixed-term worker's task pursuant to Article 8(1) of the Act on the similar to the fixed-term worker's task is reasoned not by the task when a prosecutor attaches a storage medium including a digital form file any complaints and acceded to the pleadings. Protection, etc. of Fixed-Term and Part-Time Workers. specified on the employment rule or the employment contract, but by document about a charge that the prosecutor intends to amend when Furthermore, according to an Article 142 of the Criminal Procedure [3] Meanings of “unfavorable treatment” and “without appropriate the actual task the worker has been performing. Even if their task does claiming a written prosecution change permission according to a written Regulation, it is a principle to submit the Application form on the grounds” stated on Article 2.3 of the Act on the Protection, etc. of Fixed- not perfectly coincide and somewhat differ in the task's prosecution change permission application. (Positive) / Way the court approval of modification of the indictment when a public prosecutor Term and Part-Time Workers and the way to judge whether “appropriate range·responsibility·authority, they should be considered to be employed reasons whether the facts charged are specified or not when a intends to modify the indictment. Also, it is only exceptionally approved grounds” exist or not. on the same or similar task under the condition that their major tasks prosecutor prosecutes or submit a written prosecution change for oral application, with conditions of defendant’s presence in the court, does not have an intimate difference and there is no special condition. permission application in the way above. defendant’s agreement and advantages to the defendant. In this legal Summary of Decision [3] Article 2.3 of the Act on the Protection, etc. of Fixed-Term and Part- sense, these exceptions are universally applied when a public [1] Collectively, the content and the legislation intent of the provisions Time Workers prescribes it a discriminatory treatment to unfavorably Summary of Decision prosecutor requests for the approval of the medication of indictment via related to a corrective procedure, function of a corrective procedure, treat a fixed-term worker in wage or other labor conditions without [1] Prosecution is an act of litigation that a prosecutor seeks for a certain that in an application of form, yet written in an electronical document content of a corrective order, etc. stated on Article 13 of the former Act appropriate grounds. criminal case’s adjudication. As per an Article 254, paragraph 1 of the and submits it in a storing medium. on the Protection etc. of Fixed-Term and Part-Time Workers(before its An "unfavorable treatment" here refers to general disadvantages that Criminal Procedure Act, “Filing a prosecution must entail a submission Also, if a public prosecutor files a prosecution in aforementioned way or amendment to Law No. 12469 on Mar. 18, 2014) and Article 9(1), Article occur to a fixed-term worker when an employer treats the fixed-term of written prosecution to the competent court” and further states in submits an Application form on the approval of modification of the 12(1), Article 13, Article 15-2, Article 15-3 of the Act on the Protection worker and the comparison target worker in wage or other labor paragraph 3 that name of the defendant or other elements that can indictment, the court must decide a particular fact of prosecution based etc. of Fixed-Term and Part-Time Workers show that the fixed-term conditions. "Without appropriate grounds" refers to the case when the specify the defendant, such as name of the offense, fact of prosecution on written prosecution or the application form without considering worker's corrective benefit to claim correction of a discriminatory necessity to treat a fixed-term worker differently cannot be approved and applied legal provisions, should be stated. Article 266 of the electronical document in a storing medium. If there are no specified treatment does not extinguish of the only reason that the employment and when the manner·degree, etc. are not reasonable even if the Criminal Procedure Act prescribes that in the case of prosecution, a copy parts in the fact of prosecution, clarification must be demanded to the contract period had expired on the moment of correction application or necessity can be approved. of a written prosecution should be forwarded to the defendant or the public prosecutor. However, if the public prosecutor fails to specify, the during the process of the correction procedure. Additionally, whether an appropriate ground existed should be reasoned attorney without delay. prosecution is deemed to be dismissed. [2] Article 8(1) of the Act on the Protection, etc. of Fixed-Term and Part- by collectively considering the determinants of actual purpose of the Meanwhile, Article 57, paragraph 1 of the Criminal Procedure Act

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 024 025

Summary of Decision need to protect transactional safety and third party reliance, since the 08 Supreme Court Decision 2014Du46850 Decided Dec. 27, 2016 By punishing the offense of defamation or insult according to criminal grant of avoidance would mean that parties such as the beneficiary Revocation of Disposition to Revoke of Driver’s law, the legal interest the relevant offense is meant to protect is a involved in a juristic act with the obligor and the subsequent purchaser License [Gong2017Sang, 239] person’s external reputation, i.e., the social evaluation of a person’s who later engaged in a legal relationship based on the said juristic act value. Therefore, a state or local government, as public authorities with would have their immediate interests at stake. Taking these factors into the responsibility of and obligation to either protect or realize the account, the law of the country having the closest connection with the Main Issues and Holdings fundamental rights of citizens, is not the subject but merely the upholder exercise of the obligee’s power of avoidance involving foreign elements Whether suspension or revocation of driver’s license based on blood of fundamental rights. Furthermore, matters pertaining to a state or local shall be the law of the country applicable to the fraudulent act meant to testing without a court’s warrant or driver’s consent in investigating government’s policy decision-making and performance constantly come be avoided. drunk driving is illegal. (Affirmative in Principle) under broad public scrutiny and criticism, given that the freedom to express such criticism is sufficiently guaranteed for the state or local (Source: eng.scourt.go.kr) Summary of Decision government to normally make policy decisions and undergo tasks. Since taking a blood sample (hereinafter referred to as “blood Accordingly, in the relationship between a state or local government and collection”) amid an investigation measure to test drunken driving is a citizens, the former cannot be the subject of external reputation that is measure including direct violation about the other’s body, not only the protected via means of punishment and thus cannot be the victim of Road Traffic Act doesn’t have regulations imposing duty for drivers to be defamation or insult. taken blood sample unlike a breath test but also the Act provides to receive driver’s consent before investigation (Article 44.3), it is not (Source: eng.scourt.go.kr) allowed to take a blood sample without driver’s consent. Furthermore, the act of collecting and storing a blood sample in purpose of collecting crime evidence by investigative agency without driver’s 10 Supreme Court Decision 2013Meu4133 Decided December 29, consent is “disposition needed to appraise” or “seizure” and possible 2016 with warrant of permission of expert opinion and seizure warrant by the Distribution of Property, Etc. court. However, in case of emergency situation when it is impossible to take a breath test because a driver falls into unconsciousness, etc. after occurring traffic accident while drunk driving, obtain driver’s consent for Main Issues and Holdings blood collection and issue a warrant of permission of expert opinion or In the event an obligee who acquired the right by virtue of foreign law beforehand seizure warrant by the court, the investigative agency can exercises the obligee’s power of avoidance in Korea, whether the law of take and seize a blood sample without driver’s consent or beforehand the country having the closest connection with the legal relationship warrant for collecting crime evidence of drunk driving under exceptional shall govern. (Affirmative) requirements while in this case it should obtain a seizure warrant by the The law of the country having the closest connection with the exercise court afterward without delay in accordance with the Criminal of the obligee’s power of avoidance involving foreign elements (held: the Procedure Act. law of the country applicable to the fraudulent act meant to be avoided). Thus, the suspension and cancellation of driver’s license based on the results of a blood test which has been conducted without driver’s Summary of Decision consent during investigating drunk driving and warrant by the court is The law of the country having the closest connection with the legal committed against the Road Traffic Act Article 44.3 and is illegal relationship shall govern those cases where: 1) the legal relationship measure barring special circumstances. surrounding claims involves foreign elements; 2) the parties have not chosen the governing law; 3) there is no provision directly on point under the Act on Private International Law regarding the standard of 09 Supreme Court Decision 2014Do15290 Decided Dec. 27, 2016 determining the governing law applicable to the legal relationship in Insult; Violation of the Act on Promotion of question (e.g., Article 26 of the Act on Private International Law). There Information and Communications Network is no particular provision in the Act on Private International Law on the governing law applicable to the case in which an obligee who acquired Utilization and Information Protection, Etc. the right by virtue of foreign law exercises the obligee’s power of (Defamation) avoidance in Korea. Such a case shall be governed by the law of the country having the closest connection with the legal relationship in Main Issues and Holdings question. When the obligee exercises his/her power of avoidance: 1) the Whether a state or local government can be a victim of defamation or preserved right is a mere cause for the rights exercise; 2) the subject insult. (Negative) matter of avoidance and restitution is the fraudulent act; 3) there is a

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 026 027

Recent Trends of Law & Regulation in Korea | Interview

Also, we organize Asia Pacific Agricultural Policy Roundtable and Forum every year to provide a platform to foster understanding of agricultural policies and build cooperation in agriculture and rural Korea FAO Association development among countries in the Asia-Pacific region.

What are “overseas expansion of Korea’s agricultural Q: industry” and “Official Development Assistance” (ODA) programs? How can Korea’s agricultural industry contribute to ODA?

ODA programs are not limited to specific areas. Hence, we provide all kinds of support to enhance the economy situation in the developing Yoo, Byung Rin The Food and Agriculture Organization (FAO) was established as a specialized agency of the United countries. Agriculture, commonly, accounts for the largest part of the Chairman of the Korea FAO Association Nations in October 1945 to raise levels of nutrition, improve agricultural productivity and the lives of rural GDP in developing countries with the majority of the population people. The Korea FAO Association was founded in 1957 as a private nonprofit organization to facilitate depending their livelihood in this sector. This is why we emphasize the participation of the private sector in the FAO's works. Yoo Byung Rin is the Chairman of the Korea that agriculture holds the key for tackling hunger and food security FAO Association since February, 2016. issues. In the early 1970s, more than 70% of Korean population resided in rural areas working in agricultural sector. Nevertheless, food shortage was a pervasive phenomenon in Korea. In the past, we frequently used the term borit-gogae or the barley hump to describe the time of year when food was scarce. Fortunately, Korea was able to overcome What are the major programs undertaken by Korea the food crisis by implementing appropriate actions. What is the UN-FAO? Q: Q: FAO Association? The developing countries are going through the same hardship we have once suffered. Therefore, I believe Korea can play a significant There are 17 specialized agencies in the United Nations System and the Food and Agriculture Undertaking the functions of a FAO national committee, Korea FAO role in helping them tackle hunger issues by sharing our success Organization of the UN (FAO), founded in 1945, is one of them. The initial purpose of the Association’s activities can be categorized as the following: stories. For instance, we can dispatch agricultural policy experts with organization was to eradicate poverty by increasing food production. communication and coordination, information dissemination and extensive knowledge and experience in agricultural policy With rapid economic growth over the decades that led to increased food production, FAO also international cooperation. development and provide consultations on agricultural policy works to improve nutrition and living standards of rural population and promotes sustainable First, Korea FAO Association acts as a liaison between the FAO development. We can share the development policies that had been management of natural resources. Headquarters and the Korean government. When Korean delegates implemented and discuss ways to transform them so that it can be FAO’s five strategic objectives that guide its activities are eliminating hunger, food insecurity and attend FAO conferences, council and various committees, we applicable to their own situation. malnutrition, making agriculture, forestry and fisheries more productive and sustainable, reducing provide policy guidance and accumulated expertise on the issues rural poverty, creating inclusive and efficient agricultural and food systems and increasing the discussed throughout FAO so the government’s views can be What is the Asia Pacific Agricultural Policy Forum? resilience of livelihoods to threats and crises. effectively reflected and represented at such meetings. Q: FAO disseminates agriculture-related knowledge, supports formulation of agricultural policies of Second, we disseminate information on world food and agriculture the developing countries, facilitates cooperation between public and private sectors, provides by publishing FAO reports and our own Monthly Magazine called As I have briefly mentioned, the Asia Pacific Agricultural agriculture-related technology and carries out risk management against natural disasters. World Food, Agriculture and Fisheries to raise public awareness on Policy(APAP) Forum is a network and coalition of various FAO in Korea. As FAO publications on international agriculture are stakeholders in the Asia-Pacific region. Professors and scholars with When and how was the Korea FAO Association established? What do you do mostly in English, it is our job to translate them into Korean. rich agricultural expertise and incumbent government officials, Q: in specific? Other than publication, there are other ways we try to raise experts from the private sector gather to identify key information awareness on FAO. For instance, FAO celebrates the World Food gaps and priority areas for agricultural policy actions in the region. South Korea joined FAO in 1949. In 1951, FAO member states adopted a resolution at its 6th Day, October 16th, to raise public awareness on global food crisis. Founded in 2002, the forum serves as a leading platform to share Conference to establish national committees in each member state. To execute the roles of We also organize World Food Day activities in Korea such as Live experiences and knowledge on the emerging issues and suggest Korea’s national committee, Korea FAO Association was founded on December 10, 1957 as a Talk with FAO where we invite FAO experts to deliver a presentation possible ways for policy coherence and harmonization in the region. non-profit association to encourage active participation from both public and private sectors. on the theme of World Food Day of the year. In addition, we Key issues that have been discussed over the years were public As a national committee, Korea FAO Association aims to liaise and serve as a channel between collaborate with MBC, one of the major broadcasting company in private partnership for development, regional integration and trade, FAO Headquarters and Korean government and other partners, disseminate useful information Korea, to organize K-pop Concert in commemoration of the World climate change and green growth and etc. on world food and agriculture, and establish international/regional cooperative networks by Food Day. The APAP Forum has also been increasing its partnership with organizing and/or participating international conferences and seminars.

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 028 029

especially in the African countries. In the future, people predict that It is commonly said that the climate change is one of the greatest the population in Africa will account for a quarter of the world challenges for the global agricultural sector to overcome in the future. population and it is these developing countries that are already According to “2016 The State of Food and Agriculture”, with climate suffering and will suffer the most from food problems. Therefore, if change, the population living in poverty could increase between 35 food scarcity issues in developing countries are not solved, global food and 122 million by 2030 relative to a future without climate change, issue will not be settled. The foremost important factor in dealing with largely due to its negative impacts on incomes in the agricultural the food crisis is promoting agricultural development in such sector. As previously mentioned, if the world population reaches 9.7 developing countries. billion, 60% more food should be produced until 2050. In order to facilitate agricultural development in developing countries, There are two ways to increase the world food production. The first is it is important for developed countries to share their experience and to expand arable land and the other is to increase production per unit expertise related to development with them. In this regard, Korea through development of technology. Korea falls into the latter. 80% cannot be any better fit for the job. Korea has transformed from a increase of global food production is due to increased production per recipient of ODA to a donor. As said before, Korea FAO Association unit, rather than expanding arable land. Developing countries will was established in 1957. Why so early? Well, to receive aid from suffer the most from climate change due to lack of agricultural other countries after the Korean War. What happened to us now? infrastructure, such as irrigation facilities. In this regard, the most Korea has achieved economic growth and stands in the position to crucial challenge for developing countries to adapt to climate change assist other countries with the experience of overcoming the will be to improve necessary infrastructure. I believe the agricultural difficulties. This is why Korea should be proactive in cooperating with sector in the developing countries will be able to respond to the other countries in developing their agricultural industry. climate change when they are equipped with necessary infrastructure.

What do you think is the most important part in What are the future directions of the Korea FAO Q: agricultural industry? Q: Association?

I have been involved in agricultural trade negotiations for a long time. This is the most concerning part. Our goal is to contribute to Trade negotiations in the agricultural sector are rather tricky. We maximizing Korea’s national interest and status in the agricultural conduct trade negotiations not because we want to make a loss, but sector. As I said earlier, Korea has transferred from an aid recipient to benefit from them. However, when you look into the details, it’s true country to a donor country. I believe raising our national standing by that not all sectors benefit from the negotiations. Nonetheless, we fulfilling our duties in the international community will be beneficial to still carry out trade negotiations because we believe we can benefit our country in the long term. from them as a whole. I think there are two sides to negotiations. One The UN has proposed 21 goals, the Sustainable Development Goals, relative entities to serve as an arena to interchange insights and was broadened incorporating food safety, nutritional balance, is where we try to maximize our interest, such as in the automobiles that the international community should pursue by 2030. Since Korea experiences for policy coordination. Meetings have been held in household’s purchasing power over food, and etc. Understood its and other industrial sectors. The other is where we figure out ways to is the only country to have shifted from a recipient to a donor of ODA, connection with the Regional Policy Dialogue of FAO as well as the complexity, the international community agreed on the minimize our burdens in some sectors including the agricultural sector. we have invaluable experience in tackling food crisis. It is our duty to APEC Forum facilitating cross sectoral discussions. characteristics of food security to include availability, accessibility, Issues that we negotiate to minimize burdens may result in benefiting share our experience with other developing countries. utilization and stabilization/sustainability. Only when these our counterparty, therefore, the agricultural sector is politically and There are various international organizations including the characteristics are met can we ensure food security. “Governance” socially sensitive. International Fund for Agricultural Development(IFAD) and the World What is food security? Q: is also necessary to oversee the characteristics. What I have felt from all the trade negotiations is that when you Food Programme(WFP) that handle global food and agriculture issues. negotiate, you compromise something. It is important to make sure To address such issues effectively, we will strengthen partnership As per definition set by the World Food Summit, food security Why do we need international cooperation in the results heads towards our ultimate long term goal. One other point with relevant international organizations, and make more effort in “exists when all people, at all times, have physical and economic Q: agriculture, fisheries and livestock industry of we need to bear in mind is that the trade agreements affect not only transferring Korea’s expertise and experience to the developing access to sufficient, safe and nutritious food to meet their dietary developing countries? the current but also the future generation. In this regard, I believe it is countries. In addition, we will support young talented Koreans who needs and food preferences for an active and healthy life.” important to take a balanced perspective between industries where are interested in joining these international organizations so they The notion of food security was first developed in the early 1970s The current world population is estimated to be approximately 7.5 an industry can benefit while the other cannot. could also play a important role in improving world food security. greatly emphasizing the importance of food production. This was billion. We assume that in 2050, the world population will grow to 9.7 partly due to the fact Soviet Union, a major food producer at that billion. The bigger the population grows, the more food we will need Despite the increase in world population, the time, decreased their production affecting the optimum inventory to produce. FAO predicts that by 2050, food production should Q: agricultural industry is facing more difficulties due to level. Optimum inventory level refers to the minimum food reserve increase at least 60% more than today’s production to meet the climate change and natural disasters, such as drought and required. Food prices soared as the inventory was depleted causing demands. Now, the issue is whether the increasing population is from flood. What is your outlook on the future agricultural industry food problems which led to the food security issues. developed or developing countries. It is said that 90% of the and climate change? Notwithstanding the initial notion of food security, the definition population increase will happen in the developing countries,

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 030 031

Recent Trends of Law & Regulation in Korea | Recent Events Recent Events

Completed Long-term Reference In order to produce tangible results and continue bilateral cooperation, 3rd O.K. Academy Kicks off attendees Interns MOJ & IBK Sign Business Agreement to practitioners from both institutions will hold working-level meetings for 1st Academy 57 students 7 interns U.S.A., Germany, Provide Legal Support for SMEs legal support service. The Ministry of Justice jointly held the opening ceremony of the 3rd (2015) Vietnam, UAE Overseas Experience of Youth Lawyers Academy (O.K. Academy) with 2nd Academy 70 students 5 interns U.S.A., Australia, The Ministry of Justice (MOJ, Acting Minister Changjae Lee) and the “The Ministry of Justice is striving to create an environment where the the Korean Bar Association and the International Association of Korean (2016) Vietnam Industrial Bank of Korea (IBK, President Do-jin Kim) signed a business workers in the business sector can focus on business management by Lawyers on March 8, 2017. agreement on February 20, 2017 to promote comprehensive bilateral reducing legal risks of companies. I hope the business agreement will Acting Minister Changjae Lee of Justice, President Hyun Kim of the More long-term interns are employed as regular employees or offered cooperation to revitalize our economy by strengthening the legal support increase the competiveness of Korean companies and revitalize our Korean Bar Association, President Mihwa Chung of the International positions. The number of short-term interns amounts to 47 in 2015 and service for the small- and medium-sized companies (SMEs). economy. I believe cooperating closely with IBK, which has the largest Association of Korea Lawyers and around 60 young lawyers participating 46 in 2016. number of customers who are companies and various support projects, in the academy have attended the Opening Ceremony. Acting Minister Lee delivered a congratulatory address and said, “The The agreement aims to successfully promote the Ministry’s project to will bring a positive synergy to both our institutions,” said Acting To respond to the legal services market opening, the O.K. Academy serves legal services market opening will not only be a new challenge but also revitalize our economy by enhancing the quality and publicity of SME Minister Lee at the business agreement signing ceremony. to strengthen global competitiveness of Korean young lawyers and an opportunity for the Korean young lawyers. In this regard, I hope the support service through close cooperation between MOJ and IBK by encourage them to enter into foreign markets by providing education on 3rd O.K. Academy will act as a stepping stone to enhance the connecting legal support of the Ministry and financial support of the international legal affairs. A total of 13 sessions will be carried out until competitiveness of Korean young lawyers and take them to the bank. July 5, 2017. Leading experts in international legal affairs, including international stage.” mergers and acquisitions and international arbitration will give lectures to When the 3rd O.K. Academy is completed in July, candidates for long- The two institutions will strive to provide tailored services for SMEs that the attendees on ways to make inroads into the foreign markets. term internships will be selected during July and August. The selected are struggling with legal issues, such as signing agreements, protecting Certificates will be awarded to the attendees meeting the requirements attendees will be working as long-term interns in the second half of the the intellectual property rights and dealing with international disputes. for the completion of the course. Among the completed attendees, those year. who have passed additional assessments (such as language skills) will The Ministry of Justice will help qualified Korean young lawyers The two will also work together comprehensively to strengthen legal be given opportunities to work at foreign and local law firms and foreign increase their global competitiveness by operating the academy and support for the SMEs by jointly hosting briefing and consulting sessions offices of local corporations as long-term interns (3 months – 1 year). providing them more opportunities to reap benefit from internship and sharing legal documents. programs.

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Recent Trends of Law & Regulation in Korea | Policies of the Ministry of Justice

MOJ Adopts Kleptomaniac Treatment Program

The Ministry of Justice (MOJ) adopted an intensive therapeutic program before since it offers primary-intensive-final courses in accordance with to provide more professional therapy for addicted prisoners with high risk the degree of addiction in case of drug abuse and alcoholic poisoning for recidivism at the Gunsan Correctional Institution Mental Health Care prisoners. [primary course(52 correctional institutions), intensive Center on January 16, 2017. This is the first time to establish such course(12 correctional institutions), final course(Gunsan Correctional kleptomaniac treatment program at the Gunsan Correctional Institution Institution Mental Health Care Center)] Mental Health Care Center and the intensive program targeting drug abuse and alcoholic prisoners will be enforced together. This year Gunsan Correctional Institution Mental Health Care Center are going to enforce treatment program to 60 people(once per the first/latter The Gunsan Correctional Institution Mental Health Care Center, which half of the year, 10 people per one time) over 6 times targeting drug was opened as a mental health center in December, 2012, has abuse, alcoholic poisoning prisoners and kleptomaniac prisoners. transformed into an addictive crime specialized rehabilitation center in November 2016. Until last year, the Correctional Institution divided the In addition, it introduces the "therapeutic community" for the first time as treatment program for drug abuse and alcohol offenders into primary and a treatment program for addiction therapy. Through this, it will do its On the other hand, the Ministry of Justice provides psychological intensive courses depending on the degree of their addiction. The result utmost to encourage rehabilitation with treatment and recovery by treatment to not only drug abuse and alcohol poisoning prisoners but also of the addictive crime treatment program in 2016 is as follows: drug ensuring addicted prisoners not to have addiction problem again after sex offenders, mental disorders, and prisoners without motivation by abuse (primary course: 3,892 people, intensive course: 89 people), releasing. Therapeutic community is program to cure fundamental establishing psychotherapy division last September. alcoholic poisoning (primary course: 546 people, intensive course: 153 problem (life attitude) of addiction. In the U.S.A 48 states operate people). therapeutic jurisdiction system (court orders addictive prisoners to The Ministry of Justice will continue to make diverse efforts to ensure participate therapeutic community). that many prisoners return to their families and society successfully. With this action, treatment program is expected to be more effective than

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 034 035

Recent Trends of Law & Regulation in Korea | Ministry of Justice at a Glance

Emergency pagers (location tracking device) will be distributed to the crime victims in danger of retaliation in order for the police to rush out when the victim faces with an emergency situation. We also cooperate with the Korea Land & Housing Corporation to provide public rental Crime Victim Protection housing to the crime victims to ensure their safety and protection. (Requirements and methods for application) An applicant should be a victim of a crime where the offender caused and Support physical injury or loss of life to the victim in Korea and he or she should not have received compensation, in part or in whole, for such damage from the offender. The victim should file an application for the Crime Victim Protection and Support system within 3 years since the acknowledgement of the crime or within 10 years of the date of the crime. Requirements for financial support and psychological treatment of Prosecutors’ Offices are the same. However, Smile Centers do not set time limit for application. We provide crime victim compensation funds for the bereaved family of a dead victim or for a victim who became disabled or a victim with serious injury that requires treatment for more than 2 months within the 10 degree stipulated in the Asterisk 1 of the Enforcement Decree of the Crime Victim Protection Act. Medical expenses will be covered for a victim with injury that requires treatment for more than 5 weeks. However, emergency living expenses, tuition fees and funeral expenses Vice Director Jung GaJin The Human Rights Support Division within the Human Rights Bureau oversees protection will only be eligible for crime victims whose livelihoods have been Ms. Jung GaJin is a public prosecutor at the and support of crime victims, and establishes and implements legal aid policies. jeopardized as the result of the crime. Human Rights Support Division within the For more information on the Crime Victim Protection and Support Human rights Bureau of the Ministry of system, please call the Police (182 without an area code), the Crime Justice. Previously, she served as a public Victim Support Offices of each Prosecutors’ Office (1577-2584) and the prosecutor at the Seongnam Branch of Suwon What are the Crime Victim Protection and Support system Crime Victim Support Center (1577-1295). District Public Prosecutors' Office, the Seoul To provide crime victims with practical and systematic support and protection, the Q: and its application procedure? Dongbu District Public Prosecutors' Office, the Division continuously revises related legislation and systems and closely works with local Chungju Branch of Cheongju District Public governments and private institutions. The legal aid and service programs of the Division (About the system) With the advent of multicultural society, the number of Prosecutors' Office and the Suwon District for marginalized citizens ensure every single person is protected from human rights The Ministry of Justice provides psychological, financial, medical, Q: foreigners residing in Korea is also on the rise. Can Public Prosecutors’ Office. She passed the violation. housing and legal support for crime victims and their families to recover foreigners living in Korea benefit from the Crime Victim 45th National Judicial Exam in 2003. from damages caused by crime and; information about the rights of Protection and Support system? crime victims in criminal proceedings and crime victim support system. Financially, we offer crime victim compensation funds to the bereaved In case of a foreigner who is residing in Korea lawfully becomes a victim family of a dead victim or a victim with serious injury so that the crime of a crime, he or she can receive financial support, such as medical victims and their families can ensure the minimum basic living needs. In treatment expenses, funeral expenses and tuition fees, just like addition, we have established various systems to provide medical Koreans. However, if the victim and the offender are both foreigners, the Would you introduce the Human Rights Support Division and its major tasks? Q: expenses, nursing fees, emergency living expenses, tuition fees and victim will not be able to benefit from the Crime Victim Protection and employment support expenses. Support system unless his or her home country has signed a mutual The Human Rights Support Division supervises the Crime Victim Protection and Support system and Psychologically, we have launched 10 Smile Centers across the nation to guarantee agreement with Korea. the establishment and implementation of legal aid policies. The Crime Victim Protection and Support help violent crime victims overcome their psychological after effects. For Also, foreign crime victims can access to Smile Centers to overcome system provides all kinds of financial and medical support from crime victim compensation funds to those who are unable to gain access to such treatment centers for their psychological after effects. medical expenses while Smile Centers help crime victims recover from the effects of crime through trauma, each Prosecutors’ Office established a support group to provide psychological treatment. In May 2012, the Division initiated the pro-bono traveling lawyers program psychological treatment. to offer primary legal services, such as legal counseling and legal education tailored to the vulnerable In case of instituting legal proceedings against the offender for claiming Why were Smile Centers established and what are the who were unable to access to the high threshold of legal services. compensation for damages, the Korea Legal Aid Corporation offers legal Q: expected effects to the crime victims? support, including free legal counseling and representation in litigation. It is reported that the mental state of a violent crime victim is worse

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 036 037 than that of a mentally disabled patient and suffers from social anxiety psychological pain of crime victims, such as exaggerated startle response disorder, panic disorder and memory loss. (hyperarousal) and recurring nightmares on crime scenes (re-experience). Smile Centers provide professional psychological services, including What is the public’s level of satisfaction on the Crime Q: Victim Protection and Support system and what are your future plans?

With the aim to measure the performance and gather on-site opinions of the Crime Victim Protection and Support system, the Human Rights Support Division conducts an annual satisfaction survey. According to the survey, the public’s level of satisfaction has increased every year from 87 points in 2015, 88.5 points in 2016 to 88.8 points in 2017. The performance of the system has also been rated as “very satisfied”. psychological counseling, medical assessment, psychological treatment In May, 2015, we were invited to give a keynote address at a conference and other psychological recovery programs to violent crime victims to hosted by the Victim Support Europe to introduce Korea’s efforts on crime relieve psychological pain and help them return to their normal lives as victim protection and support. Our system was also noted as a success soon as possible. model of crime victim protection and support. The international Furthermore, Smile Centers run shelters for crime victims to ensure them community recognizes the Korean government’s efforts to protect and to regain psychological stability while cleaning crime scenes. support crime victims. With the first Smile Center opened in Seoul in 2010, a total of 10 Smile A new Smile Center will soon be opened in Uijeongbu and we plan to Centers are currently located throughout the nation, including Busan, expand the psychological treatment system throughout the nation by Incheon and Gwangju. establishing Smile Centers in 18 regions. Smile Centers have so far handled a total of 102,721 cases. It is confirmed that the psychological treatment has greatly decreased

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Recent Trends of Law & Regulation in Korea | Law in Your Daily Life

Public Transportation in Korea 2.Train passes For an affordable trip in Korea, the KORAIL Pass, an exclusive railway pass for foreign visitors, allows unlimited use of all trains, including KTX express trains, for a certain number of days (please visit www.letskorail. com for more information).

Travelling by Taxi

1.Types of taxis

International taxi Travelling by Bus International taxis are driven by drivers who are fluent in foreign languages and the taxis have a fixed taxi fare system in the Airport zone 1. Types of buses which is a section from the Incheon International Airport to destinations within Seoul. City bus Reservations for international taxis can be made via phone (1644-2255) Buses within Seoul are divided into different colors depending on their or internet (www.intltaxi.co.kr) and are available all-year round. routes. Blue buses are trunk route buses within the Seoul Metropolitan Area. Green buses are branch route buses that connect or transfer to Deluxe taxi these trunk routes or subway stations. The fare for blue and green buses Deluxe taxis are black sedans and have yellow rooftop lamps. The fare Korea is well known for its convenient public transportation system. The 2. Purchasing and refund of ticket is, when paid by card, KRW 1,200 for adults, KRW 720 for youths, and for deluxe taxis start from KRW 5,000 and additional fees are charged for methods of transportation include subways, buses, trains and taxis. KRW 450 for children. The red buses are wide area buses with a route destinations further than 3km. While each method has their pros and cons, subways are probably the Purchasing Transportation Cards within the wider Seoul Metropolitan Area. The fare for the red buses is, most favored public transportation by both Koreans and visitors from In order to use subways, the first step to take is purchasing a right card when paid by card, KRW 2,300 for adults, KRW 1,360 for youths, and Regular taxi aboard. It connects you from one point to another with less hassle than depending on your needs. Passengers can either buy a Single Journey KRW 1,200 for children. Regular taxis are usually silver or orange sedans with white, blue, or often seen on the open roads and thus, making it easy for tourists to get Ticket or get rechargeable cards like T-money, Cashbee or M-Pass for black rooftop lamps and the basic fare start from KRW 3,000 and around as well. multiple uses Express bus additional fees are charged for destinations further than 2km. For long Express buses can be taken for travelling outside of Seoul. Various distance rides and from midnight to 4am, there is a 20% additional Deposit Refunds express buses travelling from Seoul to various regions are available at charge. Travelling by Subway You may receive a KRW 500 refund for the Single Journey Ticket deposit terminals such as the Seoul Express Bus Terminal (www.exterminal. Regular taxis can be called via phone call or smart phone application by returning the ticket to a deposit refund device at your final destination. co.kr), Central City Bus Terminal (www.hticket.co.kr), East Seoul Express (kakaotaxi). When called by phone, there is an additional call service fee 1. Subway system Simply insert the ticket into the device, and collect your refund. Bus Terminal (www.ti21.co.kr), and the Nambu Bus Terminal (www. of KRW 1,000 in addition to the basic fare and KRW 2,000 from midnight nambuterminal.com). Reservations can be made at the terminal or via to 4am. The subway service is available in the Metropolitan Seoul region, Busan, 3. Fares and payment methods internet by visiting the websites of each terminal. Daegu, Gwangju and Daejeon. The service is similar in all of these cities, but the price of a one-trip ticket varies slightly depending on the city. *Seoul Subway Fares (as of August 10, 2016) PASSENGER TRANSPORT SERVICE ACT Article 26 (Matters to be Observed by Transport Employees) Travelling by Train (1) Every transport employee shall be prohibited from engaging in the General: There are five major subway systems throughout the country, Transportation payment Basic Fare for 10 km Cash following activities: equipped card (T-money) including Seoul, Busan, Daegu, Gwangju, and Daejeon. Most of the 1.Types of train 1. Refusing passengers (including boarding reservations, in cases of subway lines circulate within downtown. on-demand passenger transport business referred to in Article 3 (1) 3) or Adults (age 19 and older) KRW 1,250 KRW 1,350 Classes of trains are divided into KTX, Saemaeul, and Mugunghwa forcing them to alight on the way to a destination without good cause Intercity lines: There are other lines which the trains travel in and out the Teens (age 13-18) KRW 720 KRW 1,350 according to the length of travel time. KTX, the fastest one, travels (excluding passenger transport business determined by Presidential Decree, city. They usually connect other metropolitan regions or satellite cities. between Seoul and Busan in about 2 hours and 50 minutes, while among area-passenger transport business); Children (age 7-12) KRW 450 KRW 450 Saemaeul takes 4 hours and 30 minutes, and Mugunghwa about 5 hours 2. Charging excessive charges or fares (excluding passenger transport business determined by Presidential Decree, among area-passenger Airport railroad: Airport railroad provides passengers an easy access (https://english.visitkorea.or.kr/enu/TRP/TP_ENG_6.jsp) and 30 minutes for the same route. For stopping stations and fare transport business); between the airport and the downtown city. (Seoul and Busan information of the three types, check the KORAIL Website (www.korail. metropolitan subway) com).

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 040 041

Recent Trends of Law & Regulation in Korea | Living in Korea

Jongmyo Shrine and Sajikdan Altar Taegeukgi

to Kaesong even before King Seonjo, when the Japanese invaded Korea in 1592.

The Joseon Dynasty held 5 memorial services called Jongmyo Jaerye annually. Jongmyo Shrine consists of various interesting places, including Jeongjeon, the main hall for the spiritual tablets, and Yeongnyeongjeon, the hall of eternal comfort, Chanmakdan, a ritual food inspection table, Jeonsacheong, a special place designated for preparing food for the ritual.

If you are a fan of historical Korean dramas, you probably have heard Sajikdan Altar the line, “His majesty, please preserve Jongmyo and Sajik Shrines!” Interestingly, you can easily bump into the shrines while wandering around central Seoul, Korea. You can find Jongmyo Shrine near Jongno area while Sajikdan Altar next to Gyeongbokgung Palace. Even though the shrines date back to the beginning of the Joseon Dynasty, not many pureness and brightness. Many people might think the white background people are aware of their meaning. Now, let us dig deeper into Jongmyo as a mere blank, but our ancestors did not leave it meaningless. Shrine and Sajikdan Altar. Second, take a look at the four trigrams (Gwe) on each corner of Taegeukgi. Foreigners not accustomed to the oriental philosophy might It is not an exaggeration to say that both Jongmyo and Sajik Shrines feel it difficult to understand the trigram concept, but it is not much symbolize and represent the Joseon Dynasty. The Kingdom of Joseon different from the western philosophy. Just as the westerners considered Confucianism as the foundation of the nation and its ruling questioned the fundamental principle of the world and the universe, the ideology. According to the Confucian teaching, a nation’s capital must oriental philosophy also had a similar curiosity. And our ancestors had include a palace for the King’s use, a place of worship to hold memorial come to a conclusion that the universe is composed of two basic services to the King’s ancestors (Jongmyo Shrine) and a place of powers, which are the “yin” and the “yang”. In a western point of view, worship to hold memorial services to deities (Sajik). Therefore, Jongmyo “yin” can be translated into the “negative” and “yang” to the “positive”. and Sajik Shrines have granted legitimacy to the establishment of the This concept is embodied in Taegeukgi by four different trigrams. As you Kingdom. The shrines, which were built during Taejong’s reign, have can see from the image, each trigram is structured by combining two been the basis of Joseon until the end of the dynasty. different types of lines. One is the “connected line” representing “yang”, You might have seen Taegeukgi, the flag of South Korea, hoisted across the other is the “dotted line” representing "yin". Each combination has the nation last March 1 to commemorate the Independence Movement its own name and meaning. Clockwise from the top left, each is called Day of Korea. Taegeukgi is hoisted on Korea’s 5 national holidays “Geon”, “Gam”, “Gon”, “Ri. In the same direction, each symbolizes Jongmyo Shrine Sajik refers to the God of Land (Sa) and God of Grains (jik). In the (Independence Movement Day, Constitution Day, National Liberation heaven, water, earth and fire. agricultural society, the land and grains have been regarded as the most Day, National Foundation Day and Hangul Day) and other dates Lastly, look at the “Taegeuk” right in the center of the flag. “Taegeuk” is Firstly, Jongmyo is the royal ancestral shrine that keeps the spirit tablets important factors. Sajikdan Altar was established to perform the designated by the government. Taegeukgi is also hoisted throughout the consisted of two parts. One is the red color representing “yang” and the of former Kings and Queens. A spiritual tablet is a placard used to national soil and grain ceremonies during the Joseon Dynasty. The King year at airports or hotels where many foreigners pass by. A country’s blue for the “yin”. The position of “yang” and “yin” shows the perception designate the seat of a deity or past ancestor as well as to enclose it. In would hold memorial services in spring, autumn and winter to the Gods identity is contained in its national flag. In this regard, the more that the heaven is above the earth. In the oriental view of the world, “yi” Confucian society, it was believed that when a person dies, his or her of land and grains for the stability and affluence of the nation. Also, the foreigners understand the true meaning of Taegeukgi, the more they will and “yang” is not an exclusive concept. Rather, they are interdependent body and spirt will be divided. In other words, the body of the dead is King would turn to the Gods of land and grains whenever the nation better understand the Korean identity. concepts, which develop together through circulation and coordination. buried under the ground while his or her spirit is kept in the spiritual faces ups and downs, such as drought and flood. Unlike Jongmyo Taegeukgi is a very philosophical flag and features our nation’s concept In conclusion, the white background, 4 trigrams, and “Taegeuk” show tablet. Jongmyo Shrine was regarded as invaluable in the Joseon Shrine, the memorial service held at the Sajikdan Altar was opened to of universe. Firstly, Taegeukgi as a whole represents peace, unity, harmony and peace that have been emphasized by our ancestors. Dynasty and since the spiritual tablets were the key to Jongmyo Shrine, the public. It is said that King Jeongjo, known for his goodness, listened creativity, bright future and eternity. Let’s first begin with the white In this respect, Taegeukgi can be a good way to understand Korea’s they were considered very precious. The spiritual tablets were relocated to his people’s voices on his way to Sajikdan. background of the flag. Koreans regard the color “white” as a symbol of identity as the flag represents the core values of our country.

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 042 043

Recent Trends of Law & Regulation in Korea | List of Useful Organizations

Government Departments

Anti-Corruption & Civil Rights Commission Korea Law Service Center Ministry of Foreign Affairs National Intelligence Service The National Digital Library http://www.acrc.go.kr/eng/index.do http://law.go.kr/LSW/main.html http://www.mofa.go.kr/ENG/main/index.jsp http://eng.nis.go.kr/svc/index.do http://www.nl.go.kr/english/ 82-2-2012-9110 82-2-2100-2520 (Ministry of Government 82-2-2100-2114 82-111 82-2-535-4142 [email protected] Legislation)/82-2-2100-2600 (Legislative Research [email protected] Services) National Research Foundation of Korea VOD Service for Conferences Constitutional Court of Korea [email protected] Ministry of Gender Equality and Family http://www.nrf.re.kr/nrf_eng_cms/ http://na6500.assembly.go.kr/ http://english.ccourt.go.kr/ http://english.mogef.go.kr/index.jsp 82-2-3460-5500 / 82-42-869-6114 82-2-788-2298 82-2-708-3460 Korea Meteorological Administration 82-2-2100-6000 [email protected] [email protected] http://web.kma.go.kr/eng/index.jsp [email protected] National Tax Service 82-2-2181-0900 http://www.nts.go.kr/eng/ Fair Trade Commission [email protected] Ministry of Government Legislation 82-2-397-1200 / 82-1588-0560 http://eng.ftc.go.kr http://www.moleg.go.kr/english 82-44-200-4318 Korean Bar Association 82-44-200-6900 Network of Committed Social Workers [email protected] http://www.koreanbar.or.kr/eng/ http://www.welfare.or.kr/ 82-2-3476-4008 Ministry of Health and Welfare 82-2-822-2643 Financial Services Commission http://english.mw.go.kr/front_eng/index.jsp http://www.fsc.go.kr/eng/index.jsp Korean Library Information System Network 82-44-202-2001~3 Public Procurement Service 82-2-2156-8000 (Korean Library Information System) http://www.pps.go.kr/eng/index.do [email protected] http://www.nl.go.kr/kolisnet/index.php Ministry of Justice 82-70-4056-7524 82-2-535-4142 (National Library of Korea) http://www.moj.go.kr/HP/ENG/index.do Global Legal Information Network 82-2-2110-3000 Small & Medium Business Administration http://www.nanet.go.kr/glin/index.jsp Korean National Police Agency [email protected] http://www.smba.go.kr/eng/index.do 82-2-788-4211 (National Assembly Library) http://www.police.go.kr/eng/index.jsp 82-42-481-4499 [email protected] 82-182 Ministry of Land, Infrastructure and Transport http://english.molit.go.kr/intro.do Statistics Korea Judicial Research & Training Institute Ministry of Agriculture, Food and Rural Affairs (Day) 82-44-1599-0001, (Night) 82-44-201-4672 http://kostat.go.kr/portal/english/index.action http://jrti.scourt.go.kr/ http://english.mifaff.go.kr/main.jsp 82-2-2012-9114 82-31-920-3114 110 (from Korea) / 82-2-6196-9110 (from overseas) Ministry of National Defense http://www.mnd.go.kr/mbshome/mbs/mnd_eng/ Supreme Court Library of Korea Korea Communications Commission Ministry of Culture, Sports and Tourism 82-2-748-1111 https://library.scourt.go.kr/Eng/main.jsp http://eng.kcc.go.kr/user/ehpMain.do http://www.mcst.go.kr/english/index.jsp [email protected] 82-2-3480-1551~2 82-2-2110-2114 82-44-203-2000 [email protected] [email protected] [email protected] Ministry of Security and Public Administration http://www.mospa.go.kr/eng/a01/engMain.do Supreme Prosecutors’ Office Korea Consumer Agency Ministry of Education 82-2-2100-3399 http://www.spo.go.kr/eng/index.jsp http://english.kca.go.kr/index.do http://english.moe.go.kr/enMain.do [email protected] 82-2-3480-2337 82-43-880-5500 82-2-6222-6060 [email protected] [email protected] Ministry of Strategy and Finance Korea Customs Service http://english.mosf.go.kr The Board of Audit and Inspection of Korea http://english.customs.go.kr/ Ministry of Employment and Labor 82-44-215-2114 http://english.bai.go.kr 82-1577-8577 http://www.moel.go.kr/english/main.jsp [email protected] 82-2-2011-2114 82-52-702-5089 (National Labor Consultation [email protected] Ministry of Food and Drug Safety Center) Ministry of Trade, Industry and Energy http://www.mfds.go.kr/eng/index.do 82-44-202-7137 (International Cooperation Bureau) http://www.motie.go.kr/language/eng/index.jsp The Supreme Court of Korea 82-43-719-1564/ 82-1577-1255 82-44-202-7156 (Foreign Workforce Division) 82-2-1577-0900 / 82-44-203-4000 http://eng.scourt.go.kr/eng/main/Main.work [email protected] (International Cooperation 82-2-3480-1100 Korean Intellectual Property Office Bureau) Ministry of Unification [email protected] http://www.kipo.go.kr/kpo/user.tdf?a=user.english. http://eng.unikorea.go.kr/main.do main.BoardApp&c=1001 Ministry of Environment 82-2-2100-5722 The National Assembly of the Republic of 82-42-481-5073 http://eng.me.go.kr/ Korea [email protected] 82-44-201-6568 / 82-1577-8866 National Assembly Library http://korea.assembly.go.kr/index.jsp [email protected] http://www.nanet.go.kr/english/ 82-2-788-3656 82-2-788-4211 [email protected] [email protected]

Recent Trends of Law & Regulation in Korea Spring 2017 Vol.26 044 045

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Recent Trends of Law & Regulation in Korea 046 The Ministry of Justice of the Republic of Korea is the leading state authority which promotes liberty, democracy, equality, justice and respect for humanity

through fair and transparent enforcement of law.

Ministry of Justice, Republic of Korea Vol.26 Spring 2017 Recent Trends of Law & Regulation in Korea

Ministry of Justice, Government Complex Gwacheon, 47 Gwanmoonro, Gwacheon-si, Gyeonggi-do, 427-720, Republic of Korea TEL: 82-2-2110-3661, FAX: 82-2-2110-0327 / [email protected], www.moj.go.kr