Korean Law

Source: A cartograghic guide to Starbucks' global domination (http://qz.com/208457)

0

200,000,000

400,000,000

600,000,000

800,000,000

1,000,000,000

1,200,000,000

1,400,000,000

1,600,000,000

demographic pyramid as on 1955-09-01

demographic pyramid as on 2005-11-01 demographic pyramid as on 1955-09-01

0

500,000

1,000,000

1,500,000

2,000,000

2,500,000

3,000,000

3,500,000

4,000,000

4,500,000

5,000,000

0

10,000

20,000

30,000

40,000

50,000

60,000

China Russia

Japan U.S.A.

● Common law countires: USA, Canada, Britain, Australia, India, South Africa

● Civil law countries: Germany, France, Switzerland, Austria, Russia, China, Japan, Korea

China Russia

Japan U.S.A.

History &

Law

(918∼1392)

Song (960-1279)

Yuan (1260-1368)

Japan

Ming (1368-1644)

Qing (1644-1911)

Japan

(1392-1910)

Ren(仁, benevolence), Yi(義, justice), Lǐ(禮, proper rite), Zhì(智,

wisdom), Xìn(信, integrity). Zhōng (忠, loyalty); Xiào (孝, filial piety); Jié (節, continency); Yì (義, righteousness).

Confucian Society

Family head Family name

Inheritance

Male head

Family name?

Inheritance

Equlity

Wife’s family

Economic developments

Demands for sexual equality

Small families, divorces…..

• Article 11(1) All citizens shall be equal before the law, and there shall be no discrimination in political, economic, social or cultural life on account of sex, religion or social status.

• Article 36(1) Marriage and family life shall be entered into and sustained on the basis of individual dignity and equality of the sexes, and the State shall do everything in its power to achieve that goal.

• Q: What happens to the Family Registration Act?

• Q: How does a wife have her family name changed after marriage in the US?

• 宗中 [JongJoong]: A traditional patriarch clan organisation

• To perform ancestral rituals for the common ancestor as well as to strengthening the bonds among members of the same clan.

• Custom or Implicit Contract excluding women

• Supreme Court Decision 2002Da1178 held on 21 July 2005; Supreme Court Decision 2007Da27670 held on 20 November 2008.

China: One China policy since 1949 One Korea under the Constitution

Korea:

Article 3 The territory of the Republic of Korea shall consist of the Korean peninsula and its adjacent islands. Article 4 The Republic of Korea seeks unification and formulates and carries out a policy of peaceful unification.

Japan

China:

Seoul

US Army

One China policy since 1949 One Korea under Constitution

Korea:

Japan

Seoul

Sejong

KCCR 2004Hun-Ma554, 566(consolidated) all held on October 21, 2004.

• The capital: as the location of Constitutional institutions that perform pivotal functions of politics and administration

• Constitutional issue to be decided by citizens

• Continuous practice + national consensus = Constitutional Custom