William S. Richardson School of Law University of Hawai i at Mānoa Course Syllabus Law 520J Law and Society in Korea [2credits] Spring 2012 Professor Tae-Ung Baik Classes: Monday 1:30 PM- 3:10 PM Office hours: Monday and Wednesday at 11:00 AM - 12:00PM Or by appointment Room 210 2515 Dole Street, Honolulu, HI 96822-2328 (808) 956-7838; tubaik@hawaii.edu Scope and Objectives of the Course Korea is a country with lengthy history and rich cultural heritage. The origin of Korean law dates back to the era of Gojoseon in 2333 B.C. The current legal system in South Korea was mostly established after the liberation of Korea from Japanese colonial rule in 1945, and it was heavily influenced by the German legal tradition. In its recent legal development and reform, however, the US and other common law system had shown increasing influence on Korean legal system. The purpose of this course is to provide students with an understanding of the law, society, and legal systems in Korea. Korean law in the areas of constitutional law, civil law, criminal law, and business law are discussed against the backdrop of Korea s civil law tradition and its legal history. The course also introduces the recent changes in judicial systems and legal reform such as the adoption of US style law school system and jury trial mechanism. This course helps students appreciate the dynamic society reflected in the mirror of law. The emphasis of discussion is on South Korea, but some legal issues in North Korea are included. No pre-requisite is required. Course requirements Attendance and class participation: 30% A paper (approximately 13 double-spaced pages in length): 70% o The topic and outline of the paper due on Monday, March 19, 2012 o Final submission due on Monday April 30, 2012 Attendance and Class Participation Class attendance and participation will count for 30% of your grade. Discussion is an important element of the course. Students are expected to read assigned readings and participate in class discussions.
Each student should give at least one presentation (for approximately 10 minutes) on a specific case or legal issue relevant to the topic of the session. The plan of presentation should be communicated in advance via email. A sign-up sheet to choose the date of presentation will be circulated in class. Final Research Paper A final research paper is the major requirement for the course. The paper will count for substantial part of the grade (70%). A paper topic should be chosen in consultation with the instructor. A proposal of your essay (2-3 pages) should be submitted by Monday, March 19, 2012, which must include a working title, a brief description of the issues in the paper, and a preliminary bibliography. The essential goal of the paper is to apply the knowledge and insights you have gained during the course to a legal issue(s) in Korea. The clarity and originality with which you address the issues, the coherence of your arguments, and the appropriate and accurate use of sources will be considered in evaluating your paper. Your paper should have (a) a title page, (b) a table of contents, (c) numbered pages, (d) footnotes at the bottom of the page (do not use parenthetical documentation), and (e) a bibliography. The paper should be approximately 13 pages long excluding the title and table of contents pages, and double-spaced. Footnotes should identify every direct quote, expression of opinion, and factual statement of significance (other than facts of common knowledge). An electronic copy should be sent to the professor s email, tubaik@hawaii.edu, and a hard copy of the paper must be submitted to Ms. Julie Suenaga at Room 252 by Monday, April 30, 2012 at 3:30pm. Required reading materials Assigned course readings: Laulima (https://laulima.hawaii.edu/portal) Additional readings if assigned in class Reference books KOREAN LAW IN THE GLOBAL ECONOMY (Sang-Hyun Song ed., Bak Young Sa Pub. Co., 1996). KOREAN BUSINESS LAW: THE LEGAL LANDSCAPE AND BEYOND (Jasper S. Kim ed., Carolina Academic Press, 2010). LITIGATION IN KOREA (Kuk Cho ed., Elgar Korean Law, 2011). RECENT TRANSFORMATIONS IN KOREAN LAW AND SOCIETY (Dae-Kyu Yoon ed., Seoul National University Press, 2000). LEGAL REFORM IN KOREA (Tom Ginsburg ed., RoutledgeCurzon, 2004) THE RULE OF LAW IN SOUTH KOREA (Jongryn Mo, David W. Brady ed., 2008) JOURNAL OF KOREAN LAW. PAGE 2/7
Class Topics and Schedule Session 1: Monday, January 23, 2012 Introduction Sang-Hyun Song, Special Problems in Studying Korean Law (1995), in KOREAN LAW IN THE GLOBAL ECONOMY (Sang-Hyun Song ed., 1996) pp. 177-195. Statutes of the Republic of Korea: http://elaw.klri.re.kr/ Young-Hee Kim, Introduction to Korean Legal Materials, 2 JOURNAL OF KOREAN LAW, NO.1 (2002) PP. 125-166 Session 2: Monday, January 30, 2012 Korean legal tradition and legal consciousness Chongko Choi, Traditional Legal Thoughts in Korea, Journal of Korean Law Vol.3, No.1 (2003) [excerpts] pp.75-82. Edward J. Baker, The Role of Legal Reforms in the Japanese Annexation and Rules of Korea, 1905-1919, in KOREAN LAW IN THE GLOBAL ECONOMY (Sang-Hyun Song ed., 1996) [excerpts] pp. 81-84. Jeong-Oh Kim, The Changing Landscape of Civil Litigation, in RECENT TRANSFORMATIONS IN KOREAN LAW AND SOCIETY (Dae-Kyu Yoon ed., 2000) pp.321-38. Kwang Shik Shin and Seung Wha Chang. The Role of Law and Legal Institutions in Asian Economic Development: The Case of Korea; Patterns of Change in the Legal System and Socio-Economy (1998) [excerpts] pp.42-46. Park Byung Ho, Traditional Korean Society and Law, in KOREAN LAW IN THE GLOBAL ECONOMY (Sang-Hyun Song ed., 1996) pp.1-20 William R. Shaw, Social and Intellectual Aspects of Traditional Korean Law, 1392-1910 in KOREAN LAW IN THE GLOBAL ECONOMY (Sang-Hyun Song ed., 1996) pp. 20-47. Chan Jin Kim, Korean Attitudes towards Law, 10 PAC. RIM L. & POL'Y 1 (2000) pp.1-46 Michael C. Kalton, Korean Ideas and Values, in KOREAN LAW IN THE GLOBAL ECONOMY (Sang-Hyun Song ed., 1996) pp.99-113. Korea Legislation Research Institute, Sang-Hyun Song trans., Survey on the Korean People s Attitude towards Law 1993,, in KOREAN LAW IN THE GLOBAL ECONOMY (Sang-Hyun Song ed., 1996) pp. 128-175 Session 3: Monday, February 6, 2012 Constitutionalism and human rights in S. Korea Kyong-Whan Ahn, The Rule of Law in South Korea (2007) PAGE 3/7
Jonghyun Park, The Judicialization of Politics in Korea, 10 ASIAN-PAC. L. & POL'Y J. 62, (2008) [excerpts] pp. 62-87. Dae-Kyu Yoon, The Constitutional Court System of Korea: The New Road for Constitutional Adjudication, 1 JOURNAL OF KOREAN LAW, NO.2, 1 (2001) pp. 1-16. Jin-Su Yune, Recent Decisions of the Korean Constitutional Court on Family Law, 1 JOURNAL OF KOREAN LAW VOL.1, NO.1, 133 (2001) pp. 133-156. Hahm Chaihark, Human rights in Korea, in HUMAN RIGHTS IN ASIA (Peerenboom et. al. eds., Routledge, 2006) pp. 265-297. Tae-Ung Baik, Public Interest Litigation in Korea, in PUBLIC INTEREST LITIGATION IN ASIA (Po Jen Yap & Holning Lau eds., London, Routledge, 2010). Tae-Ung Baik, Justice Incomplete: The Remedy for the Victims of Jeju April Third Incident, in RETHINKING HISTORICAL INJUSTICE AND RECONCILIATION IN NORTHEAST ASIA: THE KOREAN EXPERIENCE IN REGIONAL PERSPECTIVE 94,113 (Shin et al eds., Routledge, 2007). Kyong Whan Ahn, The Influence of American Constitutionalism on South Korea, 22 S. Ill. U. L. J. 71 (1997) [excerpts] pp.71-85. Session 4: Monday, February 13, 2012 Structure of the government, National Assembly, and Judicial System The Constitution, 1987 Constitutional Court Case: Competence Dispute between Assemblyperson and Assembly Speaker on Private School Act [20-1(A) KCCR 438, 2006Hun-Ra2, April 24, 2008] Supreme Court of Korea, Overview of Korean Judicial System (2007) Jae Won Kim, The Ideal and the Reality of the Korean Legal Profession, 2 Asian- Pacific L. & Pol'y J.45 (2001) pp.45-68 Jae Won Kim, Transnational Legal Practices, in RECENT TRANSFORMATIONS IN KOREAN LAW AND SOCIETY (Dae-Kyu Yoon ed., 2000) pp. 409-429. Kyong-Whan Ahn, Law Reform in Korea and the Agenda of Graduate Law School, 24 WIS. INT'L L.J. 223 (2006) PP.223-242. Ryan Y. Park, The Globalizing Jury Trial: Lessons and Insights from Korea, 58 AM. J. COMP. L. 525 (2010) PP. 525-582. Presidents Day: Monday, February 20, 2012 No class Session 5: Monday, February 27, 2012 Contracts Supreme Court Decision 2001Da53059 Delivered on April 11, 2003 [Damages] [Gong2003.6.1.(179),1151] Supreme Court Decision 2004Da31302 delivered on March 29, 2007 [Sales Price in the Sales Contract] PAGE 4/7
Korean Civil Act Part III Chapter II Session 6: Monday, March 5, 2012 Torts Eun-Joo Shin and Eric Enlow, Torts, in KOREAN BUSINESS LAW: THE LEGAL LANDSCAPE AND BEYOND (Jasper S. Kim ed., Carolina Academic Press, 2010) pp. 295-312. Supreme Court Decision 2002Da63558 delivered on September 2, 2003[Damages] [Gong2003.10.1.(187).1936] Constitutional Court Case: Notice of Apology case 3 KCCR 149 89Hun-Ma 160 April 1, 1991 Korean Civil Act Part III Chapter V Session 7: Monday, March 12, 2012 Property & Family Supreme Court Full Bench Decision 97Da37661 delivered on March 16, 2000 [Demolition of Building, etc.] Supreme Court Decision 99Da67079 delivered on February 26, 2002 [Cancellation of Provisional Registration, Etc. of Vessel] Hyunah Yang, A Journey of Family Law Reform in Korea: Tradition, Equality, and Social Change, 8 JOURNAL OF KOREAN LAW, NO.1 (2008) pp.77-94. Whasook Lee, Matrimonial Property System of Past, Present and Future in Korea: Focused on the Role of Tradition and Culture in Family Law Reform, 8 JOURNAL OF KOREAN LAW, NO.1 (2008) pp.95-113. Korean Civil Act Part II Korean Civil Act Part IV Session 8: Monday, March 19, 2012* Criminal Justice Kuk Cho, Korean Criminal Law: Moralist Prima Ratio for Social Control, 1 JOURNAL OF KOREAN LAW VOL.1, NO.1 (2001) pp.77-96 Kuk Cho, The 2007 Revision of the Korean Criminal Procedure Code, 8 JOURNAL OF KOREAN LAW, NO.1 (2008) pp.1-22 In Sup Han, A Dilemma of Public Prosecution of Political Corruption, in RECENT TRANSFORMATIONS IN KOREAN LAW AND SOCIETY (Dae-Kyu Yoon ed., 2000) pp.363-376 Heekyoon Kim, The Korean Hearsay Rule and the Protocol, 10 JOURNAL OF KOREAN LAW, NO.1 143 (2001) [excerpts] pp. 143-158. PAGE 5/7
Korean Criminal Act Korean Criminal Procedure Act Korean National Security Act Kuk Cho, Unfinished Criminal Procedure Revolution" of Post-Democratization South Korea, 30 DENVER JOURNAL OF INTERNATIONAL LAW AND POLICY, ISSUE 3 (2002) pp.377-94. Craig P. Ehrlich and Dae Seob Kang, Independence and Corruption in Korea, 16 Colum. J. Asian L. 1 (2002) pp.1-69 Kuk Cho, Tension Between The National Security Law And Constitutionalism In South Korea: Security For What?, 15 B.U. Int'l L.J. 125 (1997). * Course paper proposals due. You should submit an electronic copy of the assignment to the professor s email address, tubaik@hawaii.edu, and a printed hard copy to Ms. Julie Suenaga at Room 252. Spring recess: March 26 to 30, 2012 Session 9: Monday, April 2, 2012 Corporations, WTO and FTA Dongho Lee, Corporations, in KOREAN BUSINESS LAW: THE LEGAL LANDSCAPE AND BEYOND (Jasper S. Kim ed., Carolina Academic Press, 2010) pp. 79-91. Bliss Burdett Pak, Corporate Governance, in KOREAN BUSINESS LAW: THE LEGAL LANDSCAPE AND BEYOND (Jasper S. Kim ed., Carolina Academic Press, 2010) pp. 93-104. Dukgeun Ahn, Korea in the GATT/WTO Dispute Settlement System: Legal Battle for Economic Development, 6 J. INT'L ECON. L. 597 (2003) pp. 597-631. Won-Mog Choi, Aggressive Regionalism in Korea-U.S. FTA: The Present and Future of Korea's FTA Policy, 12 J. INT'L ECON. L. 595 (2009) pp. 595-615. E. Han Kim and Woochan Kim, Changes in Korean Corporate Governance: A Response to Crisis, 8 JOURNAL of Korean Law No.1, 23 (2008) pp. 23-46. Jooyoung Kim and Joongi Kim, Shareholder Activism in Korea: A Review of How PSPD Has Used Legal Measures to Strengthen Korean Corporate Governance, 1 JOURNAL of Korean Law V.1 No.1 51 (2001) pp.51-76. Hwa-Jin Kim, The Case for Market for Corporate Control in Korea, 8 JOURNAL of Korean Law No.2, 227 (2009) pp.227-276. Hun-Je Suh, Current Legislative Changes in Korea s Foreign Trade and Investment Sectors, in RECENT TRANSFORMATIONS IN KOREAN LAW AND SOCIETY (Dae-Kyu Yoon ed., 2000) pp.263-90. Conference session: Friday, April 6, 2012- Saturday, April 7, 2012 Rainbow Rising: Community, Solidarity, and Scholarship on Gender Identities and Sexualities in Asian and Oceanic Law & Policy: Please attend a session or two. Session 10: Monday, April 9, 2012 International relations; SOFA, Dokdo, etc. PAGE 6/7
Benjamin K. Sibbett, Tokdo Or Takeshima? The Territorial Dispute between Japan And The Republic of Korea, 21 FORDHAM INT'L L.J. 1606 (1998) pp. 1606-1646. Yoon-Ho Alex Lee, Criminal Jurisdiction under the U.S.-Korea Status of Forces Agreement: Problems to Proposals, 13 JOURNAL TRANSNAT'L L. & POL'Y 213 (2003) pp.213-249. Korean Private International Act Kwang Hyun Suk, New Conflict of Laws Act of the Republic of Korea, JOURNAL OF KOREAN LAW, VOL.1, NO.2 (2001) pp.197-223 Jon M. Van Dyke, Legal Issues Related to Sovereignty over Dokdo and Its Maritime Boundary, 38 OCEAN DEVELOPMENT & INTERNATIONAL LAW 157 (2007) Session 11: Monday, April 16, 2012 The rule of law in North Korea Dae-Kyu Yoon, The Constitution of North Korea: its changes and implications, 27 Fordham Int'l L.J. 1289 (2004) pp.1289-1305. Dinah PoKempner, Tae-Ung Baik, and Mike Jendrzejczyk, Invisible Exodus, Vol. 14, No. 8 (C) (2002) The Constitution of DPRK Criminal Code of DPRK Eric Yong-Joong Lee, Development of North Korea's Legal Regime Governing Foreign Business Cooperation: A Revisit Under the New Socialist Constitution of 1998, 21 NW. J. INT'L L. & BUS. 199 (2000) pp.199-242. David Hawk, The Hidden GULAG Exposing North Korea s Prison Camps (2003) Session 12: Monday, April 23, 2012 The role of law in Korea and the future Kwang Shik Shin and Seung Wha Chang. The Role of Law and Legal Institutions in Asian Economic Development: The Case of Korea; Patterns of Change in the Legal System and Socio-Economy (1998). Jong Hoon Lim, Constitution-Making of Unified Korea: An Institutional Analysis with Special Reference to the Legislative Process, S.J.D. Dissertation, Georgetown Univ. Law Center, 1994, in KOREAN LAW IN THE GLOBAL ECONOMY (Sang-Hyun Song ed., 1996) pp. 244-284. Session 13: Friday, April 27, 2012**- [Make-up] Conclusion ** Final paper submission is due on Monday, April 30, 2012 at 3:30pm. You should submit an electronic copy of the assignment to the professor s email address, tubaik@hawaii.edu, and a printed hard copy to Ms. Julie Suenaga at Room 252. Readings are subject to additions or deletions which are announced in class. PAGE 7/7