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Litigation in Korea

Edited by Kuk Cho, School of Law, Seoul National University, Korea
This informative book provides an overview of the law and judicial institutions pertaining to litigation in Korea, as well as a selection of important court decisions.
Extent: 256 pp
Hardback Price: $136.00 Web: $122.40
Publication Date: 2010
ISBN: 978 1 84844 339 6
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  • Asian Studies
  • Asian Law
  • Law - Academic
  • Asian Law
This informative book provides an overview of the law and judicial institutions pertaining to litigation in Korea, as well as a selection of important court decisions.

Throughout Korea’s democratization process, litigation has played a crucial role as an instrument to solve most of the challenging civic and social conflicts – which in turn have ramifications in the nation’s political, constitutional, societal and cultural domains. The expert contributors explore civil procedure, criminal procedure, constitutional adjudication, administrative litigation, and patent litigation in the Republic of Korea.

As the first publication in the English language to provide a comprehensive picture of litigation in Korea, this book will appeal to scholars and post-graduate students in Asian studies, as well as lawyers dealing with Korea-related cases.
‘. . . an invaluable contribution to Korean legal studies, primarily for being the most current, singular source covering essentials of judicial procedures in South Korea up to 2010. Readers are given an insiders’ view of courtroom procedure and politics which many may not be exposed or privy to, alongside comparative perspectives to other systems such as the United States, Germany and France. . . Litigation in Korea may be commended for being a vital contribution to the advancement of Korean legal studies.’
– Patricia Goedde, Pacific Affairs

‘Kuk Cho and his colleagues are to be heartily commended for masterfully advancing understanding of Korea’s legal system through Litigation in Korea. In this impressive volume, Professor Cho and ten talented scholars from leading Korean universities explore the full spectrum of major forms of litigation in Korea, including civil, criminal, constitutional, administrative, and patent litigation. Foreign readers will be pleased to know that while the papers are well grounded doctrinally, several also deftly explore issues of law and society. Anyone interested in litigation in Korea will be very grateful for this fine volume.’
– William Alford, Harvard Law School, US

‘This is a path-breaking volume. Covering a wide range of topics in both public and private law litigation in Korea, the authors utilize both black letter and more theoretical approaches to provide a comprehensive overview of the law. The book will be required reading for anyone wanting to understand the Korean legal system today.’
– Tom Ginsburg, University of Chicago Law School, US
Contributors: K. Cho, S.J. Jong, D. Kim, H. Kim, H.S. Kim, J. Kim, Y. Kwon, H.-J. Lee, J. Lim, Y.C. Park, W.-y. Rhee
Contents:

Preface

1. Litigating in Korea: A General Overview of Korean Civil Procedure
Youngjoon Kwon

2. Why Do We Pursue ‘Oral Proceedings’ in Our Legal System?
Hyun Seok Kim

3. The Reformed Criminal Procedure of Post-Democratization South Korea
Kuk Cho

4. The Role of the Public Prosecutor in Korea: Is He Half-Judge?
Heekyoon Kim

5. The Admissibility of Suspect Interrogation Record in the New Era of Korean Criminal Procedure
Yong Chul Park

6. The Structure and Basic Principles of Constitutional Adjudication in the Republic of Korea
Jongcheol Kim

7. Democratic Legitimacy of Law and the Constitutional Adjudication in the Republic of Korea
Woo-young Rhee

8. Korean Constitutional Court and the Due Process Clause
Jibong Lim

9. Administrative Litigation in Korea: Structures and Roles in Judicial Review
Hee-Jung Lee

10. Korean Administrative Cases in ‘Law and Development’ Context
Daein Kim

11. Principles and Structure of Patent Litigation
Sang Jo Jong

Index