Legal Reform In Korea (routledgecurzon Advances In Korean)

Legal Reform in Korea Law in Korea has historically been viewed as a tool of authoritarian rule, but since the transition to democracy in 1987 it has served a more important and visible role as a force for social change. With contributions from leading US and Korean scholars, Legal Reform in Korea explores the response of the legal system to domestic and international pressures, applying a socio-legal perspective to both legal practices and legal institutions themselves. An invaluable resource for students of Asian law and Korean studies. Tom Ginsburg is Associate Professor of Law and Political Science and Director of the Program in Asian Law, Politics and Society at the University of Illinois at Urbana-Champaign. RoutledgeCurzon advances in Korean studies 1 The Politics of Economic Reform in South Korea A fragile miracle Tat Yan Kong 2 Market and Society in Korea Interest, institution and the textile industry Dennis McNamara 3 Social and Economic Policies in Korea Ideas, networks and linkages Dong-Myeon Shin 4 North Korea in the World Economy Edited by E. Kwan Choi, Yesook Merrill and E. Han Kim 5 Legal Reform in Korea Edited by Tom Ginsburg Legal Reform in Korea Edited by Tom Ginsburg First published 2004 by RoutledgeCurzon 2 Park Square, Milton Park, Abingdon, Oxfordshire OX14 4RN Simultaneously published in the USA and Canada by RoutledgeCurzon 29 West 35th Street, New York, NY 10001 This edition published in the Taylor & Francis e-Library, 2004. RoutledgeCurzon is an imprint of the Taylor & Francis Group © 2004 Selection and editorial matter, Tom Ginsburg; individual chapters, the contributors. All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data A catalog record for this book has been requested ISBN 0-203-47938-6 Master e-book ISBN ISBN 0-203-67183-X (Adobe eReader Format) ISBN 0-415-34100-0 (Print Edition) To Ahn Kyong-Whan Contents List of illustrations List of contributors Acknowledgments 1 Introduction: the politics of legal reform in Korea ix x xii 1 TOM GINSBURG 2 The Korean Constitutional Court, judicial activism, and social change 19 LIM JIBONG 3 The paralysis of legal education in Korea 36 YOON DAE-KYU 4 The prosecution of corruption in South Korea: achievements, problems, and prospects 47 DAVID T. JOHNSON 5 Korean criminal law and democratization 71 CHO KUK 6 The emergence of formalized intermediate norms in Korea: the case of sexual harassment 85 CHOI DAI-KWON 7 A look at Korean corporate codes of conduct CRAIG P. EHRLICH AND KANG DAE-SEOB