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"Preface" [2010] ELECD 250; in Cho, Kuk (ed), "Litigation in Korea" (Edward Elgar Publishing, 2010)

Book Title: Litigation in Korea

Editor(s): Cho, Kuk

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848443396

Section Title: Preface

Number of pages: 3

Extract:

Preface
The nationwide `June Struggle' of 1987 led to the collapse of Korea's
authoritarian-military regime and opened a road toward democratization.
Korea has achieved political democracy following rapid economic growth.
These changes were accompanied by the change of law and legal system.
Since 1987, the rule of law has rapidly replaced the rule of man and the
procedural democracy has been taken seriously in Korea. Throughout the
democratization process of the nation, litigation has played a crucial role as an
instrument to solve most challenging civic and social conflicts with much
greater and multifaceted ramifications in the nation's political, constitutional,
societal and cultural domains.
The legal structure and the adjudicatory institutions surrounding litigation
have been also reconstructed. For example, Korea's Code of Civil Procedure
has been revised and its focus has shifted from the written dossiers to the oral
elements of the litigation including oral testimony in a concentrated, continu-
ous and uninterrupted trial that is open to the public as a matter of principle,
for further openness and transparency. The Code of Criminal Procedure has
been substantially reshuffled particularly in the field of procedural rights and
evidence law. A jury system was recently introduced for the first time in the
nation's legal history in serious felony cases in 2008. The Constitutional
Court, which was established by the 1987 Constitution, has vigorously
reviewed the constitutionality of legislation by the nation's legislative body,
the National Assembly. The Administrative Court, which was newly estab-
lished in ...


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