Systemic Lock: The Institutionalization of History in Post- 1965 South Korea–Japan Relations

2000 ◽  
Vol 9 (1-2) ◽  
pp. 55-84
Author(s):  
Hyung Gu Lynn

AbstractLegal and diplomatic guidelines for relations between Japan and the Republic of Korea (ROK) have been in place since the Treaty of Normalization and accompanying Agreements of June 1965. Tokyo and Seoul have also cultivated extensive economic ties. Since 1965, Japan has been a major supplier of technology and capital for Korea, while Korea has consistently been among the top four export markets for Japan. Unlike relations between other neighboring countries in Asia (such as China and Vietnam, Vietnam and Cambodia, China and India, India and Pakistan, or South and North Korea), there have been no wars or military conflicts between South Korea and Japan since 1945.

Author(s):  
Sang Jo Jong

This chapter examines the statutory grounds for governmental access to private-sector data in Korea. It focuses on issues such as the circumstances under which access is allowed without a warrant and how unjustified government access can take place in practice. Systematic government access to private-sector data can take place through warrants issued by a court. Notably, due to the unique truce situation, under which the Republic of Korea is technically still at war with North Korea, Korean authorities are sometimes allowed to obtain private-sector data without warrants, for national security purposes. This chapter examines the statutory grounds for governmental access to private-sector data in Korea, focusing specifically on issues such as the circumstances under which access is allowed without a warrant and how unjustified government access can take place in practice.


2000 ◽  
Vol 9 (1-2) ◽  
pp. 85-105
Author(s):  
Steven Hugh Lee

AbstractSince December 1997, the Democratic People’s Republic of Korea (DPRK), the People’s Republic of China (PRC), the Republic of Korea (ROK), and the United States have met in a series of talks aimed at promoting peace and stability on the Korean peninsula and in the region. According to a November 1998 U.S. Department of Defense report, the discussions have created a “diplomatic venue for reducing tensions and ultimately replacing the Armistice Agreement with a permanent peace settlement.”1 Amidst the tragic human suffering which has occurred in North Korea, there have been some encouraging developments on the peninsula. The 1994 Agreed Framework between the United States and North Korea placed international controls on North Korea’s atomic energy program and cautiously anticipated the normalization of U.S.-DPRK relations. Since assuming power in early 1998, South Korean President Kim Dae Jung has vigorously pursued a policy of engagement with P’yo¨ngyang, known as the “sunshine policy.” Over the past decade, North Korea has also reoriented its foreign policy. In the early 1990s, the regime’s social and economic crisis led to a rethinking of its autarkic economic system. By early 1994, the state had created new free trade zones and relatively open foreign investment laws.2 By complying with the Agreed Framework, the DPRK has also shown a willingness to work with the international community on sensitive issues affecting its internal sovereignty and ability to project power beyond its borders.


Author(s):  
Alexander Zhebin

The article analyzes the prospects for US-North Korean and inter-Korean relations, taking into account the completed policy review of the new US administration towards the Democratic People's Republic of Korea (DPRK), as well as the results of the President of the Republic of Korea Moon Jae-in’s trip to Washington in May 2021 and his talks with US President Joe Biden. It is concluded that the “new" course proposed by the United States in relation to the DPRK will not lead to a solution to the nuclear problem of the Korean Peninsula and will interfere with the normalization of inter-Korean relations. During his visit to the US President Moon failed to obtain the US consent on ROK more “independent policy” toward North Korea. In spite of lavish investments into US economy and other concessions, Seoul was forced to promise to coordinate his approaches to the DPRK with US and Japan and support US position on Taiwan straits and South China Sea. The author argues that in the current conditions, the introduction of a regime of arms limitation and arms control in Korea should be a necessary stage on the way to complete denuclearization of the peninsula. The transition to a such method of the settlement of the nuclear problem could lead to the resumption of the negotiation process, mutual concessions, including reductions in the level of military-political confrontation, partial or large-scale lifting of economic sanctions in exchange for North Korea's restrictions of its nuclear weapon and missile systems.


2020 ◽  
Vol 27 (3) ◽  
pp. 282-306
Author(s):  
Sunwoo Lee

Abstract Chi Ki-ch’ŏl’s story reveals a man not driven by ideology, but buffeted by it. He began adulthood as a Korean exile in Manchuria, where the Japanese occupation army conscripted him. After Japan’s defeat in August 1945, he joined a Korean contingent of the Chinese Communist Army and fought in the Chinese Civil War. His unit later repatriated to North Korea, where it joined the invasion of South Korea on 25 June 1950. When U.S.-led forces of the United Nations shattered that invasion in September, he quickly arranged to surrender to U.S. troops. While in custody, Chi worked with Republic of Korea (rok) intelligence to organize prisoner of war (pow) resistance to their being returned to North Korea after the impending armistice. He enjoyed privileges as an anti-Communist in the pow camps, and hoped it would continue. Although an active anti-Communist, Chi judged that he would not be able to live in South Korea as an ex-pow. After refusing repatriation to North Korea, he also rejected staying in South Korea. But Chi would survive elsewhere. He relocated to India, where he thrived as a businessman. He chose the space of neutrality to succeed as an anti-Communist, where life nevertheless reflected the contentious energy of the Cold War. Chi’s decision demonstrated how ideology, despite its importance to him, was not sufficient to translate his rejection of Communist North Korea into a commitment to South Korea.


2020 ◽  
Vol 11 ◽  
pp. 104-114
Author(s):  
Chaerin Kang

The purpose of this research paper is to underline a few of the problematic articles of the Criminal Act in Korea and suggest possible solutions. In the Republic of Korea, three criminal elements—Applicability of Constituent Requirements, Criminal Defences, and the Principle of Responsibility—must be proven to convict a defendant. When a perpetrator does not meet all three criminal elements, they are protected by particular articles of the Criminal Act such as Articles 9, 10, and 26. These articles guarantee citizens' right to decide their own actions accordingly and provide an opportunity for improvement by reducing the punishment. All three articles of the Criminal Act reflect positive intentions embedded in the law. However, the articles' flaws have begun to cause the perpetrators to exploit the law and disdain Korea's Criminal Act. Thus, this paper aims to consider the Criminal Act's malfunctions, especially within Article 9, 10, and 26, and suggest possible solutions to improve its shortages.    


2020 ◽  
Vol 70 (2) ◽  
pp. 9-14
Author(s):  
F.Zh. Borantayeva ◽  
◽  
K.Sh. Baisultanova ◽  

Nowadays indirect influence from other countries is becoming commonplace. This article discusses the features of the formation and development of the strategy of "soft power" in South Korea. The authors analyzed the theoretical foundations of “soft power” and the historical aspects of its formation and disclosure of the essence of this policy in South Korea.


Author(s):  
Elena Vladimirovna Frolova

South Korea is one of the most developed Asian states, located in the northeastern part of the Asian continent. This country has a powerful economy and highly developed industry, being one of the world's major suppliers of computer technology. Korean statehood traces its history from the 4th-3rd centuries BC, when the country was under the control of the Japanese Empire. As a result of the Second World War, Korea was divided into the northern part, controlled by the USSR, and the southern part, under US patronage. The Republic of Korea was founded on August 15, 1948, after which the Democratic People's Republic of Korea (better known as North Korea) was proclaimed on the territory of the Soviet zone on September 9. The subsequent Korean War, which lasted for three years (1950-1953), only consolidated the division of the country. Over the 70 years of its existence, South Korea has achieved tremendous economic progress, and the changes could not but affect the health sector. Despite the fact that compared to other highly developed countries, South Korea spends not so much on the development of medicine — about 7.6 % of GDP, this figure is slowly but steadily growing. More than half of the capital that goes to meet the needs of the healthcare system is of private origin. In addition to compulsory medical insurance, which covers 96 % of the country's population, non-state sources of funding include the system of voluntary medical insurance, payment for treatment received, as well as funds from charitable foundations. On average, each Korean spends about 5 % of their income on healthcare annually.


The legislative framework for insolvency, namely the Corporate Reorganisation Act, the Composition Act, and the Bankruptcy Act, was introduced in 1962. Until the financial crisis struck Korea and other Asian countries in 1997, however, for several reasons, insolvency proceedings were hardly used by debtors. Cases were mostly settled through private arrangements between the debtor and the creditor, and only a handful of cases went to court.


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