scholarly journals Kwangju Incident and Role of the Judiciary in South Korea

2017 ◽  
Vol 5 (2) ◽  
pp. 35-39
Author(s):  
Muhammad Ramzan
Keyword(s):  
South Korea ◽  
Justice System ◽  
Constitutional Court ◽  
Military Government ◽  
Related Area ◽  
South Korean ◽  
Paper Review ◽  
The Military ◽  
The Guardian

Objective - The Constitutional Court of South Korea ('the Court') is the guardian of the constitution and has jurisdiction to decide cases concerning potential violations of the constitution. In the Kwangju incident, innocent citizens were murdered and injured while they were protesting against the military government. Their demand was to be provided the basic rights which are granted by the constitution of South Korea, as well as seeking democracy in the country. This paper analyses the judgment of the Court and observations of the judges. Further, it discusses the effects of the judgment on legislation, as well as analysing the situation involved in deciding the case in which unconstitutional actions of the military government were declared inhumane. Methodology/Technique - The research reviews articles in related area. Findings - Through this judgement, the Court played a major role in strengthening the constitution and democracy, through the way in which it reached a conclusion in the Kwangju incident case. The Court suggested the legislator should introduce new legislation to remove the latches of the case. Novelty - The study intends to learn the effects of the judgement on South Korean legislation. Type of Paper - Review Keywords: Kwangju Incident; Special-Legislation; Justice System; Democratization Movement.

scholarly journals LEMBAGA JUDICIAL REVIEW UNDANG-UNDANG TERHADAP UNDANG-UNDANG DASAR : PERBANDINGAN ANTARA KEWENANGAN MAHKAMAH KONSTITUSI KOREA SELATAN DENGAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA

2016 ◽  
Vol 5 (2) ◽  
pp. 368
Author(s):  
Joseph Atja Sulandra ◽  
Anak Agung Ngurah Roy Sumahardika
Keyword(s):  
South Korea ◽  
Judicial Review ◽  
Constitutional Court ◽  
Advantages And Disadvantages ◽  
The Republic ◽  
The Guardian

This study aimed to compare the profile and authority of the Constitutional Court of South Korea with the Constitutional Court of the Republic of Indonesia, which is granted by its Constitution and related laws. The aim is to see how far the role of the Constitutional Court of the Republic of Indonesia as an institution of judicial review, so that it can also note the advantages and disadvantages in its function as the guardian of the constitution. Penelitian ini bertujuan untuk membandingkan profil dan kewenangan Mahkamah Konstitusi Korea Selatan dengan Mahkamah Konstitusi Republik Indonesia, yang diberikan oleh Undang-Undang Dasar serta Undang-Undang terkait. Tujuannya adalah untuk melihat seberapa jauh peran Mahkamah Konstitusi Republik Indonesia sebagai Lembaga Judicial Review Undang-undang terhadap Undang-Undang Dasar, sehingga dapat dilihat kelebihanan dan kekurangannya masing-masing dalam fungsinya sebagai lembaga pengawal konstitusi.

Participating in Nation-Building: The Role of the “Military Government Police” in South Korean Politics, 1946-1948

2010 ◽  
Vol 17 (2) ◽  
pp. 174-198
Author(s):  
Jinwung Kim
Keyword(s):  
Democratic Party ◽  
Political Process ◽  
The United States ◽  
Military Occupation ◽  
Military Government ◽  
South Korean ◽  
The Creation ◽  
Korean Politics ◽  
The Military

AbstractThis study analyzes the role of the “military government police” in South Korean politics during American military occupation, 1946-48. It stresses that the Korean National Police (KNP), many of whose members had served in the police under the Japanese, was not a mere instrument of the United States Army Military Government in Korea (USAMGIK) but functioned as an active participant in the creation of a rightist regime in southern Korea. More specifically, the police were the undisputed “vanguard” of the rightist Syngman Rhee-Korean Democratic Party (KDP) coalition. The police force also functioned as the “big brother” of the rightist youth organizations which shared values and ideology with them. Finally, the police served as the “midwife” in the creation of the Rhee regime in the Republic of Korea. In sum, the KNP was an important political player actively taking part in the political process during U.S. military occupation.

Progressives and Labor under Park Chung Hee: A Forgotten Alliance in 1960s South Korea

2013 ◽  
Vol 72 (4) ◽  
pp. 873-892
Author(s):  
Hwasook Nam
Keyword(s):  
South Korea ◽  
Unusual Case ◽  
Public Support ◽  
Military Government ◽  
South Korean ◽  
Park Chung Hee ◽  
The 1960S ◽  
The Military ◽  
Shipyard Workers

Using an unusual case of a democratic and militant shipbuilding union in 1960s South Korea as a window on society, this article explores the politics and ethos of the first decade of Park Chung Hee's rule. Pronounced public support for the union in the region, dense links between the unionists and local progressives, and the surprisingly optimistic and positive expectations of the military government that shipyard workers exhibited in this period all call our attention to the still quite fluid and open terrain of politics before the full-blown authoritarianism of the 1970s. These dynamic aspects of the 1960s, when both elites and non-elites engaged major postcolonial questions of democracy, development, and unification, are mostly hidden from view today, overwhelmed by the power of the dominant minju discourse that became hegemonic in the democracy movement during the 1980s and 1990s. Excavating the forgotten alliance between an important union and the progressives surrounding it thus opens a space for alternative understandings of South Korean development and democratization.

scholarly journals ARQUITETURA, IDEOLOGIA E PRODUÇÃO: o uso do edifício público como veículo de comunicação no período do “Regime Militar” brasileiro

Revista Labor ◽  
2017 ◽  
Vol 1 (18) ◽  
pp. 1
Author(s):  
Eneas de Araújo Arrais Neto
Keyword(s):  
Economic Development ◽  
Public Sector ◽  
Military Government ◽  
Specific Group ◽  
The Public ◽  
Design Project ◽  
Architectural Language ◽  
The Military ◽  
The City

Este artigo tem como objetivo analisar os edifícios sedes dos órgãos públicos federais construídos na cidade de Fortaleza durante os anos de vigência do “Regime Militar”. Parte da compreensão de que a arquitetura, enquanto objeto de fruição coletiva, assume o papel de meio de comunicação de massa no espaço urbano e, como tal, foi um dos instrumentos de divulgação ideológica dos governos militares dirigidos aos setores sociais urbanos; veiculando principalmente idéias de modernização, desenvolvimento, racionalidade, onipotência do poder estatal e autoritarismo. Analisa igualmente as influências, neste processo, da cultura de classe do setor burocrático-estatal, e propõe que estas edificações, ao estabelecerem novos padrões estéticos e de utilização de materiais e equipamentos de procedência tecnológica estrangeira, se constituíram em elementos importantes do processo de abertura da economia nacional ao capital multinacional, em particular no que diz respeito ao mercado da construção civil.Abstract This paper presents the arquitectural critique of a specific group of edifications built in the city of Fortaleza during the period of the military governments in Brazil. The character of the architecture developed by the military government in public buildings in this period is common all over the country: the facilities were built to with the intention to occupy the cities as out-doors of the military governments, diffusing images of modernization, rationality, economic development and the power of the state.   Through the use of architectural language, by the means of design, project, materials, forms and other ways, the architecture of the public sector played the role of ideology, besides introducing imported materials and equipment previously unused in the building sector of the country.

The Federative Republic of Brazil

2021 ◽  
pp. 201-230
Author(s):  
Steven Gow Calabresi
Keyword(s):  
Judicial Review ◽  
Separation Of Powers ◽  
Civil Law ◽  
Constitutional Court ◽  
Military Government ◽  
Military Dictatorship ◽  
Stare Decisis ◽  
German Constitutional Court ◽  
The Military ◽  
The U.S

This chapter looks at Brazilian judicial review. Judicial review in Brazil originated because it was borrowed from the U.S. Constitution. It emerged in amplified form in Brazil’s 1988 Constitution because, by 1988, the normative appeal of judicial review was widely appreciated all over the world. Moreover, the Hybrid Model of judicial review in Brazil, whereby the Supreme Federal Tribunal is both, at the apex of a diffuse system of judicial review, and is also a Constitutional Court, reflects widespread appreciation for the value of a system like the German Constitutional Court in a civil law jurisdiction. The power of such a court to issue rulings with erga omnes effect is especially important in civil law countries like Brazil, which lack systems of stare decisis. First, judicial review emerged in Brazil as the result of borrowing. Second, it emerged as a rights from wrongs reaction to abuses of power during Fascism and during the military dictatorship, which ruled Brazil for 1964 until 1984. Third, judicial review is necessary in Brazil for both federalism and separation of powers umpiring reasons. Fourth, judicial review in Brazil also emerged because the constitution-writing elite wanted to entrench its liberal and socialist values to forestall the emergence of yet another military government in the country. And, fifth, the Brazilian Constitution divides and allocates power among so many federal and state entities that the Supreme Federal Tribunal has the political space it needs to play a really big role in governing the country.

Behind Closed Doors: The Role of Risky Lifestyles and Victimization Experiences on Fear of Future Victimization Among South Korean Inmates

2019 ◽  
pp. 088626051988818
Author(s):  
Jaeyong Choi ◽  
Brandon Dulisse
Keyword(s):  
Sexual Assault ◽  
South Korea ◽  
Theoretical Framework ◽  
Large Sample ◽  
Fear Of Victimization ◽  
South Korean ◽  
Risky Lifestyles ◽  
Violent Assault

Criminologists have long considered the extent to which victimization experiences influence fear of future victimization. As a result, some scholars have proposed risky lifestyles theory as a theoretical framework linking individuals’ lifestyles and experiences to their fear of victimization. This study contributes to and extends this line of research by exploring whether risky lifestyles and prior victimization influence fear of future victimization among a large sample of incarcerated felons in South Korea. Results show that although risky lifestyles heighten fear of sexual assault and fear of property theft among inmates, risky lifestyles are not predictive of fear of violent assault. This finding expands the scope of risky lifestyles theory and provides an understanding of why fear of victimization occurs within the prison context.

Out of the Barracks: The Role of the Military in Democratic Revolutions

2017 ◽  
Vol 45 (1) ◽  
pp. 78-100 ◽  
Author(s):  
Marcos Degaut
Keyword(s):  
South Korea ◽  
Necessary Condition ◽  
Tiananmen Square ◽  
Velvet Revolution ◽  
Different Types ◽  
Key Factor ◽  
Democratic Revolution ◽  
Action Theories ◽  
The Military

Why some democratic revolutions succeed while others fail? The scholarly community has sought to address this issue from various perspectives, from rational choice approaches to collective action theories. Too little attention, however, has been paid to analyzing the role of the military. By discussing the different types of interactions played by the military in five cases of successful democratic revolutions—the 1910 Portuguese Republican Revolution, the 1958 Venezuelan Revolution, the 1960 April Revolution in South Korea, the 1989 Velvet Revolution in Czechoslovakia, and the 2000 Bulldozer Revolution in Yugoslavia—and three cases of failed revolutions, the 1905 bourgeois-liberal revolution in Russia, the 1989 Tiananmen Square Protests in China, and the 2016 Turkey’s coup attempt, this study finds out that the key factor in determining their outcome is the army’s response and that the military backing is a necessary condition for a democratic revolution to succeed.

scholarly journals Constitutional Court of Bosnia and Herzegovina as Positive Legislator

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Vladimir M. Simović ◽  
Miodrag N. Simović
Keyword(s):  
Bosnia And Herzegovina ◽  
Rule Of Law ◽  
Case Law ◽  
Constitutional Court ◽  
State Institutions ◽  
Democratic State ◽  
Corrective Factor ◽  
Protection Of Human Rights ◽  
The Guardian

The Constitutional Court of Bosnia and Herzegovina was established on the basis of Article VI of the Constitution of Bosnia and Herzegovina as an independent guardian of the Constitution of Bosnia and Herzegovina and an institutional guarantor of the protection of human rights and fundamental freedoms established by this Constitution and instruments of Annex I to the Constitution. Assuming that it is not part of the legislative, executive and regular judicial power (as positioned by the Constitution of Bosnia and Herzegovina), the Constitutional Court acts as a separate, autonomous and independent authority and a corrective factor for the other three segments of government in Bosnia and Herzegovina. In this way, the Constitutional Court, as one of the key state institutions of Bosnia and Herzegovina, contributes to the promotion of democracy, rule of law and the affirmation of the rule of law, especially in the first years after its constitution when it was necessary to protect the foundations of a democratic state and resolve a number of questions that have in some ways remained vague in the Constitution of Bosnia and Herzegovina. The decisions of the Constitution are final and binding. In the end, the Constitutional Court has to seek and find out the ways for implementation of its decisions. If the legislator is not able to do that, the role of the guardian of the Constitution imposes on the Constitutional Court, even in the unpopular (realistically, rarely used) role of a positive legislator, to bring the procedure before the court to an end - by proclaiming a law on a temporary basis. The paper explains the concept of judicial activism, its limitations and self-limitations. Then, it points out some of the most impressive forms of its realization in the case-law of the Constitutional Court, taking into account mutual influences and differences. Special emphasis is placed on the constitutional framework of constitutional court activism of the Constitutional Court, which is also the basis for the interpretation of the Constitution of Bosnia and Herzegovina.

scholarly journals Confucian Democracy and a Pluralistic Li-Ki Metaphysics

Religions ◽  
2018 ◽  
Vol 9 (11) ◽  
pp. 325
Author(s):  
Hyo-Dong Lee
Keyword(s):  
South Korea ◽  
Public Culture ◽  
Popular Sovereignty ◽  
General Will ◽  
South Korean ◽  
History Of ◽  
Ethical Monism ◽  
Diverse Groups ◽  
Landmark Study

This essay explores the possible constructive role of a Confucian metaphysics in the pluralistic Confucian-democratic context of South Korea. In his recent landmark study, Sungmoon Kim has argued that South Korean democracy is sustained by a public culture of civility that is grounded in Confucian habits and mores and yet is pluralistic in ethos. I appreciatively interrogate Kim’s thesis in order to advance a claim that a comprehensive Confucian doctrine such as Confucian metaphysics can contribute significantly to the flourishing of Confucian democratic public culture, provided that it affirm a pluralistic ontology. I contend that the tradition of Korean Neo-Confucian li-ki metaphysics, particularly one found in the works of Nongmun Im Seong-ju, offers rich resources for a pluralistic ontology despite its history of ethical monism. By putting Nongmun’s thought in conversation with some of the contemporary critiques of the Schmittian (mis-)appropriation of the notion of popular sovereignty, I outline a pluralized version of the Rousseauian general will—a kind of critically affectionate solidarity of diverse groups of people—that is Confucian in character. My claim is that such a critically affectionate solidarity finds its grounds in and draws its nourishment from a pluralistic Confucian ontology.

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