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week 4 pptx

The document provides an overview of the Korean legal system, specifically focusing on the Constitution of Korea and various articles that outline citizens' rights and freedoms, including protection from prosecution, freedom of speech, and religious freedom. It also discusses recent court decisions regarding military service and the implications of freedom of conscience. Overall, it emphasizes the importance of individual rights and the separation of religion and state.

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4 views

week 4 pptx

The document provides an overview of the Korean legal system, specifically focusing on the Constitution of Korea and various articles that outline citizens' rights and freedoms, including protection from prosecution, freedom of speech, and religious freedom. It also discusses recent court decisions regarding military service and the implications of freedom of conscience. Overall, it emphasizes the importance of individual rights and the separation of religion and state.

Uploaded by

nadaalexkim
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 26

Introduction of the Korean Leg

al System
---Understanding Korean Law
(한국법의 이해)

by Professor Lee Chul Song


Chair Professor, Konkuk University, School of Law

Assistant: Xiao Manling (Chinese) 02-450-3365/


010-3540-0888
[email protected]
1
Topic :
“Constitution of Korea”(2)

Part I

2
Ø Article 13
(1) No citizen shall be prosecuted for an a
ct which does not constitute a crime under t
he Act in force at the time it was committed,
nor shall he be placed in double jeopardy.
(2) No restriction shall be imposed upon t
he political rights of any citizen, nor shall an
y person be deprived of property rights by m
eans of retroactive legislation.

3
(3) No citizen shall suffer unfavorable treatment on
account of an act not of his own doing but committ
ed by a relative.

4
Ø Article 14 All citizens shall enjoy freedom of
residence and the right to move at will.

Ø Article 16
All citizens shall be free from intrusion into their
place of residence. In case of search or seizure in a
residence, a warrant issued by a judge upon reques
t of a prosecutor shall be presented.

5
Ø Article 15
All citizens shall enjoy freedom of occupation.

6
Ø Article 17
The privacy of no citizen shall be infringed.
Ø Article 18

The privacy of correspondence of no citize


n shall be infringed.

7
Ø Article 19
All citizens shall enjoy freedom of conscie
nce.

8
9
 Military Service Act Article 88 (Evasion, et
c. of Enlistment)(1) Any person who has re
ceived … a notice of call … and fails to com
ply with the call, … without justifiable g
rounds, shall be punished by imprisonme
nt with labor for not more than three years:

10
<Court decision>

 Old : Punishment of refusal of army service for a reason of con


science is not unconstitutional (Supreme Court 2015. 8. 27.; C
onstitutional Court 2004. 8. 26., 2002Hunga 1)

 New: Denial of military service based on the religion doctrine


can be admitted as one of the justifiable grounds of Military Se
rvice Act Sec. 88(1). (Supreme Court 2018. 11. 17., 2016Do109
12)
 The military service law which does not define non-combatant
service as one of military service, is unconstitutional. (Constit
utional Court 2018. 6. 28., 2011Hunba379)

11
Ø Article 20
(1) All citizens shall enjoy freedom of religion.

12
Scope of freedom:
Religious rituals
Missionary
Assembly or association for religious purpose
Education of religion
Etc.

13
 (2) No state religion shall be recognized, a
nd religion and state shall be separated.

14
15
Topic :
“Constitution of Korea”(2)

Part II

16
Ø Article 21
(1) All citizens shall enjoy freedom of speech and
the press, and freedom of assembly and association.

17
Includes:
Ø 1) Freedom of formation of opinion
Ø 2) Freedom of expression of opinion
Ø 3) Freedom of mass-communication
Ø - Freedom of editing, compilation by mass me
dia
Ø - Freedom of news-gathering and coverage
freedom of hiding news source—debated
4) Freedom of assembly, and formation and a
ctivity of an association

18
Ø Article 21
(2) Licensing or censorship of speech and
the press, and licensing of assembly and ass
ociation shall not be recognized.
(3) The standards of news service and bro
adcast facilities and matters necessary to ens
ure the functions of newspapers shall be det
ermined by Act.

19
Art. 21
(4) Neither speech nor the press shall violate the h
onor or rights of other persons nor undermine publ
ic morals or social ethics. Should speech or the pre
ss violate the honor or rights of other persons, clai
ms may be made for the damage resulting therefro
m.

20
Communist…?

21
 Undermining public morals or social ethic
s.

22
 Pornography ? Art?

23
 “clear and present danger” test : a standar
d to regulate the freedom of speech.

24
Ø Article 22
(1) All citizens shall enjoy freedom of learn
ing and the arts.
(2) The rights of authors, inventors, scient
ists, engineers and artists shall be protected
by Act.

25
 End of Week 4

26

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