ISSUE REPORT Issue Report #57 (September 2, 2019)
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Korean Criminal Law Under Controversy After Democratization 49
Korean Criminal Law under Controversy after Democratization 49 Korean Criminal Law under Controversy after Democratization Cho Kuk* This Article reviews what democratization has brought and what has remained intact in Korean criminal law, focusing on the change of three Korean criminal special acts under hot debate such as the National Security Act, the Security Surveillance Act, and the Social Protection Act after democ- ratization. Then it examines the newly surfacing issues of Korean criminal law, focusing on the moralist and male-oriented biases. Keywords: criminal law, National Security Act, Security Surveillance Act, Social Protection Act, adultery, rape, homicide of lineal ascendants 1. Introduction The nationwide June Struggle of 1987 led to the collapse of Korea’s authori- tarian regime and opened a road toward democratization.1 Under the authoritari- an regime, the Constitution’s Bill of Rights was merely nominal, and criminal law and procedure were no more than instruments for maintaining the regime and suppressing the dissidents. It was not a coincidence that the June Struggle was sparked by the death of a dissident student tortured during police interroga- * Assistant Professor of Law, Seoul National University College of Law, Korea. 1. For information regarding the June Struggle, see West, James M. & Edward J. Baker, 1991. “The 1987 Constitutional Reforms in South Korea: Electoral Processes and Judicial Independence”, in Human Rights in Korea: Historical and Policy Perspectives (Harvard University Press, 1991): 221. The Review of Korean Studies Vol. 6, No. 2 (49-65) © 2003 by The Academy of Korean Studies 50 The Review of Korean Studies tion.2 Democratization brought a significant change in the Korean criminal law and procedure.3 Criminal law was a symbol of authoritarian rule in Korea. -
U.S.-South Korea Relations
U.S.-South Korea Relations Mark E. Manyin, Coordinator Specialist in Asian Affairs Emma Chanlett-Avery Specialist in Asian Affairs Mary Beth D. Nikitin Specialist in Nonproliferation Brock R. Williams Analyst in International Trade and Finance Jonathan R. Corrado Research Associate May 23, 2017 Congressional Research Service 7-5700 www.crs.gov R41481 U.S.-South Korea Relations Summary Overview South Korea (officially the Republic of Korea, or ROK) is one of the United States’ most important strategic and economic partners in Asia. Congressional interest in South Korea is driven by both security and trade interests. Since the early 1950s, the U.S.-ROK Mutual Defense Treaty commits the United States to help South Korea defend itself. Approximately 28,500 U.S. troops are based in the ROK, which is included under the U.S. “nuclear umbrella.” Washington and Seoul cooperate in addressing the challenges posed by North Korea. The two countries’ economies are joined by the Korea-U.S. Free Trade Agreement (KORUS FTA). South Korea is the United States’ seventh-largest trading partner and the United States is South Korea’s second- largest trading partner. Between 2009 and the end of 2016, relations between the two countries arguably reached their most robust state in decades. Political changes in both countries in 2017, however, have generated uncertainty about the state of the relationship. Coordination of North Korea Policy Dealing with North Korea is the dominant strategic concern of the relationship. The Trump Administration appears to have raised North Korea’s nuclear and missile programs to a top U.S. -
The New Right Movement and South Korean Cultural Memory
1 1948 as Division or Foundation? The New Right Movement and South Korean Cultural Memory A Mnemohistorical Approach Patrick Vierthaler Kyoto University Introduction Since the 1990s, and especially the mid-2000s, South Korea has witnessed intense struggles over the memory of its modern and contemporary history, manifesting most notably in disputes over the responsibility for colonial era crimes, the debate on pro-Japanese collaborators (or so- called ch’in’ilp’a), the commemoration of Park Chung-hee and Syngman Rhee, the contents of high school history textbooks, and the nature and narrative of national memorial days. One of these disputes is over the establishment (= “foundation”) of the South Korean state and how to commemorate it. Where do these struggles originate? Why did they intensify in the early and mid-2000s? And, crucially, how can these struggles over “history” be explained and analyzed methodologically? In this essay, I approach these disputes from a mnemohistorical perspective, utilizing the concept of Cultural memory. 1. Theoretical Concepts — Struggles over History as Struggles over Cultural Memory No society can be said to possess a unified and static historical memory. Rather, different memory communities co-exist within each society, with individuals often belonging to multiple memory communities at the same time. Peter Burke (1997: 56) terms these “different memory communities within a given society”, i.e. communities affected by the social organisation of transmission and the different media employed. Understanding -
Korea Final Report
Research studies on the organisation and functioning of the justice system in five selected countries (China, Indonesia, Japan, Republic of Korea and Russian Federation) Korea Final Report for United Nations Development Programme, Viet Nam Date: 30 July 2010 Contributors: Professor Byung-Sun Cho, Chongju University College of Law, Korea Professor Tom Ginsburg, University of Chicago Law School The views expressed in this publication are those of the author(s) and do not necessarily represent those of the United Nations, including UNDP, or the UN Member States. Page | 2 Table of Contents 1. Political, Cultural, Historical and Socio-economic Context ................................................................. 6 1.1 Major historical events .................................................................................................. 6 1.2 Economic system ................................................................................................................... 9 1.3 Political system ............................................................................................................... 11 Leadership and Authority ............................................................................................................... 11 Aims, objectives and visions for the justice sector ........................................................................ 11 Institutions ...................................................................................................................................... 12 Accountability -
South Korean Cinema and the Conditions of Capitalist Individuation
The Intimacy of Distance: South Korean Cinema and the Conditions of Capitalist Individuation By Jisung Catherine Kim A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Film and Media in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Kristen Whissel, Chair Professor Mark Sandberg Professor Elaine Kim Fall 2013 The Intimacy of Distance: South Korean Cinema and the Conditions of Capitalist Individuation © 2013 by Jisung Catherine Kim Abstract The Intimacy of Distance: South Korean Cinema and the Conditions of Capitalist Individuation by Jisung Catherine Kim Doctor of Philosophy in Film and Media University of California, Berkeley Professor Kristen Whissel, Chair In The Intimacy of Distance, I reconceive the historical experience of capitalism’s globalization through the vantage point of South Korean cinema. According to world leaders’ discursive construction of South Korea, South Korea is a site of “progress” that proves the superiority of the free market capitalist system for “developing” the so-called “Third World.” Challenging this contention, my dissertation demonstrates how recent South Korean cinema made between 1998 and the first decade of the twenty-first century rearticulates South Korea as a site of economic disaster, ongoing historical trauma and what I call impassible “transmodernity” (compulsory capitalist restructuring alongside, and in conflict with, deep-seated tradition). Made during the first years after the 1997 Asian Financial Crisis and the 2008 Global Financial Crisis, the films under consideration here visualize the various dystopian social and economic changes attendant upon epidemic capitalist restructuring: social alienation, familial fragmentation, and widening economic division. -
Economic Growth 9 Inflation 9 Exchange Rates 9 External Sector 10 Forecast Summary 11 Quarterly Forecasts
South Korea - Timeline 1 May 2018 A chronology of key events: 1945 - After World War II, Japanese occupation ends with Soviet troops occupying area north of the 38th parallel, and US troops in the south. 1948 - Republic of Korea proclaimed. The Korean war (1950-1953) killed at least 2.5 million people. It pitted the North - backed by Chinese forces - against the South, supported militarily by the United Nations In Depth: The Korean War On This Day 1950: UN condemns North Korean invasion 1950 - South declares independence, sparking North Korean invasion. 1953 - Armistice ends Korean War, which has cost two million lives. 1950s - South sustained by crucial US military, economic and political support. 1960 - President Syngman Ree steps down after student protests against electoral fraud. New constitution forms Second Republic, but political freedom remains limited. Coup 1961 - Military coup puts General Park Chung-hee in power. 1963 - General Park restores some political freedom and proclaims Third Republic. Major programme of industrial development begins. 1972 - Martial law. Park increases his powers with constitutional changes. After secret North-South talks, both sides seek to develop dialogue aimed at unification. 1979 - Park assassinated. General Chun Doo-hwan seizes power the following year. Gwangju massacre 133 Hundreds died as troops fired on 1980 rally 2005: Lingering legacy of Korean massacre 1980 - Martial law declared after student demonstrations. In the city of Gwangju army kills at least 200 people. Fifth republic and new constitution. 1981 - Chun indirectly elected to a seven year term. Martial law ends, but government continues to have strong powers to prevent dissent. -
South Korea | Freedom House: Freedom in the World 2019
South Korea | Freedom House https://freedomhouse.org/report/freedom-world/2019/south-korea A. ELECTORAL PROCESS: 11 / 12 A1. Was the current head of government or other chief national authority elected through free and fair elections? 4 / 4 The 1988 constitution vests executive power in a directly elected president, who is limited to a single five-year term. Executive elections in South Korea are largely free and fair. Moon Jae-in of the liberal Minjoo Party won a May 2017 snap presidential election following the impeachment of former president Park. He took 41 percent of the vote, followed by Hong Jun-pyo of the conservative Liberty Korea Party with 24 percent and Ahn Cheol-soo of the centrist People’s Party with 21 percent. About 77 percent of registered voters turned out for the election. In the June 2018 local elections, the Minjoo Party won 14 of 17 metropolitan mayoral and gubernatorial offices, with two of the others going to the Liberty Korea Party and one to an independent. Turnout for the local elections was 60.2 percent, marking the first time the voting rate had surpassed 60 percent for local elections since 1995. A2. Were the current national legislative representatives elected through free and fair elections? 4 / 4 The unicameral National Assembly is composed of 300 members serving four-year terms, with 253 elected in single-member constituencies and 47 through national party lists. The contests are typically free of major irregularities. In the 2016 elections, the Minjoo Party won 123 seats, while the Saenuri Party (which later became the Liberty Korea Party) won 122. -
Will the Chaebol Reform Process Move Forward Under the Moon Jae-In Administration? —Future Directions and Challenges—
Will the Chaebol Reform Process Move Forward under the Moon Jae-in Administration? —Future Directions and Challenges— By Hidehiko Mukoyama Senior Economist Economics Department Japan Research Institute Summary 1. Collusive links between politics and business were a major focus during South Korea’s 2017 presidential election. In an address to the national after his election victory, President Moon Jae-in promised to carry out reforms targeting the chaebol (industrial conglomerates) and eliminate collusion between politicians and business people. The purpose of this article is to clarify how the chaebol reform process is likely to proceed, what the focal points will be, and the issues that could arise. 2. The economic policy of the Moon Jae-in administration is based on the four pillars of income-driven growth, the establishment of an economy that will generate jobs, fair competition (including chaebol reform), and growth through innovation. Immediately after taking power, President Moon Jae-in announced policies targeted toward income-driven growth. Efforts to achieve growth through innovation began in the fall of 2017. The chaebol reform process has not yet begun. 3. Chaebol reform is necessary for several reasons. First, the concentration of economic power in the hands of the chaebol is producing harmful effects, including growing economic disparity, and a lack of jobs for young workers. Second, there have been numerous fraud cases relating to the inheritance of management rights by members of the chaebol families. Third, the chaebol have repeatedly colluded with politicians. 4. One reason for repeated cases of business-political collusion is the enormous amount of au- thority wielded by the South Korean president. -
What Is Putinism? M
October 2017, Volume 28, Number 4 $14.00 What Is Putinism? M. Steven Fish Vladimir Kara-Murza Leon Aron Lilia Shevtsova Vladislav Inozemtsev Graeme Robertson and Samuel Greene Eroding Norms and Democratic Deconsolidation Paul Howe Iran’s 2017 Election: Two Views Abbas Milani Ladan Boroumand Marc F. Plattner on Democracy’s Fading Allure Gi-Wook Shin & Rennie Moon on South Korea’s Impeachment Drama Michael C. Davis on Constitutionalism in Asia Ken Menkhaus on Somalia’s Elections Staffan Lindberg et al. on Measuring Democratic Backsliding Social Media and Democracy Joshua Tucker, Yannis Theocharis, Margaret Roberts, and Pablo Barberá SOUTH KOREA AFTER IMPEACHMENT Gi-Wook Shin and Rennie J. Moon Gi-Wook Shin is professor of sociology and director of the Walter H. Shorenstein Asia-Pacific Research Center at Stanford University. Rennie J. Moon is associate professor of research methods at Un- derwood International College of Yonsei University and the 2016–17 Koret Fellow at the Shorenstein Center. In just over a year, between April 2016 and May 2017, a series of dra- matic events roiled the domestic politics of South Korea (hereinafter Korea). Things began normally enough: An election to fill all 300 seats in the unicameral National Assembly went forward as scheduled on 13 April 2016. A presidential balloting was set to follow in due course near the close of 2017 as the incumbent, Park Geun Hye of the right-of-center Saenuri (New Frontier) Party,1 finished the single five-year term that the constitution allows. In late October 2016, however, a lightning bolt of scandal electri- fied the scene. -
Opposition Landslide in Mayoral Elections Shifts Political Landscape
Opposition landslide in mayoral elections shifts political landscape 12 April 2021 Mayoral candidates from the conservative opposition People Power Party, Oh Se- hoon in Seoul and Park Hyung-joon in Busan, swept to victory on 7 April in a major upset for the ruling Democratic Party and its President, Moon Jae-in. The results show how Moon’s popularity has waned since he secured a 180-seat majority in the National Assembly elections last April. Moon’s reform agenda – to reduce the power of prosecutors and cool the property market – has encountered fierce opposition and, in the case of the property measures, backfired. The People Power Party’s twin victories highlight the level of public fatigue at the extreme confrontation between the Prosecutor's Office and the Minister of Justice, as well as disillusionment with ballooning house prices and rents, despite reforms that were supposed to provide relief to first-time buyers and tenants. Public anger against Moon’s Democratic Party was also exacerbated by land speculation by employees of the Korea Land & Housing Corporation, a public institution, based on their access to insider information about the development of a new town, an issue that was uncovered just before the election. Efforts to improve inter-Korean relations, a key focus of the Moon administration, have also fallen into stalemate, further contributing to falls in the ruling party’s popularity. While the People’s Power Party fought fiercely against Moon’s reforms, it has been criticised for failing to provide realistic policy alternatives. The party is also tainted by historic ties, not only to big business and the military, but also to the impeachment of former President Park Geun-hye by the Constitutional Court in 2017 – a first in Korean history. -
Redeploying US Nuclear Weapons to South Korea
Redeploying U.S. Nuclear Weapons to South Korea: Background and Implications in Brief Amy F. Woolf Specialist in Nuclear Weapons Policy Emma Chanlett-Avery Specialist in Asian Affairs September 14, 2017 Congressional Research Service 7-5700 www.crs.gov R44950 Redeploying U.S. Nuclear Weapons to South Korea: Background and Implications in Brief Summary Recent advances in North Korea’s nuclear and missile programs have led to discussions, both within South Korea and, reportedly, between the United States and South Korean officials, about the possible redeployment of U.S. nuclear weapons on the Korean Peninsula. The United States deployed nuclear weapons on the Korean Peninsula between 1958 and 1991. Although it removed the weapons as a part of a post-Cold War change in its nuclear posture, the United States remains committed to defending South Korea under the 1953 Mutual Defense Treaty and to employing nuclear weapons, if necessary, in that defense. The only warheads remaining in the U.S. stockpile that could be deployed on the Korean Peninsula are B61 bombs. Before redeploying these to South Korea, where they would remain under U.S. control, the United States would have to recreate the infrastructure needed to house the bombs and would also have to train and certify the personnel responsible for maintaining the weapons and operating the aircraft for the nuclear mission. Some who support the redeployment of U.S. nuclear weapons argue that their presence on the peninsula would send a powerful deterrent message to the North and demonstrate a strong commitment to the South. Their presence would allow for a more rapid nuclear response to a North Korean attack. -
Law and Society in Korea
JOBNAME: Yang PAGE: 1 SESS: 2 OUTPUT: Mon Dec 3 11:36:58 2012 Law and Society in Korea Columns Design XML Ltd / Job: Yang_Law_and_Society_in_Korea / Division: 00_Prelims /Pg. Position: 1 / Date: 24/10 JOBNAME: Yang PAGE: 2 SESS: 6 OUTPUT: Mon Dec 3 11:36:58 2012 ELGAR KOREAN LAW INASSOCIATIONWITH THE LAW RESEARCH INSTITUTE OF SEOUL NATIONAL UNIVERSITY Series editor: In Seop Chung, Law Research Institute, Seoul National University, Korea In the dramatic transformation Korean society has experienced for the past 40 years, law has played a pivotal role. However, not much information about Korean law and the Korean legal system is readily available in English. The Elgar Korean Law series fills this gap by providing authoritative and in-depth knowledge on trade law and regulation, litigation, and law and society in Korea.The series will be an indispensable source of legal information and insight on Korean law for academics, students and practitioners. Titles in the series include: Litigation in Korea Edited by Kuk Cho Trade Law and Regulation in Korea Edited by Seung Wha Chang and Won-Mog Choi Korean Business Law Edited by Hwa-Jin Kim Law and Society in Korea Edited by HyunahYang Columns Design XML Ltd / Job: Yang_Law_and_Society_in_Korea / Division: 00_Prelims /Pg. Position: 2 / Date: 28/11 JOBNAME: Yang PAGE: 3 SESS: 9 OUTPUT: Wed Dec 5 12:52:59 2012 Law and Society in Korea Edited by HyunahYang Professor of Law, Seoul National University, Korea ELGAR KOREAN LAW INASSOCIATIONWITH THE LAW RESEARCH INSTITUTE OF SEOUL NATIONAL UNIVERSITY Edward Elgar Cheltenham, UK + Northampton, MA, USA Columns Design XML Ltd / Job: Yang_Law_and_Society_in_Korea / Division: 00_Prelims /Pg.