• Korean Journal of Legislative Studies
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• v.22 no.2
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• pp.157-188
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• 2016

Since democratic transition in the early 1990s, constitutionalism is getting more important for democratic consolidation in Africa. Using Afribarometer data set, this paper explains influences on public confidence in judiciary. High levels of public trust in judiciary is a necessary condition for judicial system to work effectively in emerging democracy. Unlike existing studies focusing on the function of judiciary and legal procedures, this paper is interested in the relationship between how ordinary Africans perceive the attitudes of the chief executive toward judiciary, the rule of law, and judicial corruption and their confidence in judiciary. The results show that those who think that the chief executive is likely to respect the constitution and the judiciary, that the law applies to everyone equally, and that there are few corrupt judicial personnel are likely to show high levels of confidence in judiciary. This study argues that the tension between laws and politics have a significant influence on transitional justice in emerging democracy.

• Korean Security Journal
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• no.26
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• pp.7-28
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• 2011

This study is to propose the improvement of security related regulations to reinforce security activity and actualize constitutionalism in the National Assembly. For the purpose, some improvements could be considered as followings; First, legislating of regulations including some articles on the scope of security activity such as order preservation at assembly hall, facility security, security agents' right and protection of personal is necessary. Second, changing the organization and command system of security management is necessary for the unification of security activity and efficiency of the job. Also clear definition of terminology on the security job is need. For the shake of above object, one officer in charge of situation management and three section such as the personal protection section, facility security section and order preservation section could be substructured under security department. Third, elimination of unnecessary article on the arrest of red handed criminal in the assembly hall and on the physical checkup of audience by security agent is need. Also legislating of regulations on the hoarding of person who could disorder is necessary. Forth, legislating of regulations on the cooperation with government branch, judicial police power, carry and use of weapon and uniform and equipment to reinforce practical efficiency of security activity. For the proper legislating of the regulations, comparition with other public organizations such as presidential security Service, police, private security could be considered.

• The Southeast Asian review
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• v.28 no.4
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• pp.77-114
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• 2018

The purpose of this article is to verify whether recent political change in Thailand and the Philippines is temporarily shown "democratic recession" or "returning to authoritarianism". For the purpose this research establishes three propositions based on previous academic researches of political change. The is to verify characteristics of liberal democracy based on democratic procedures and institutions as well as civilian control over the military. The is to analyze the characteristics of authoritarianism such as the control over individual freedom and rights, concentration of power, and populist ruling behavior contrary to constitutionalism. The last one, , is to check either the coincidence or discrepancy between democratic institutions and popular understanding of democracy during democratic transitions. The finding through testing those propositions is that recent political change in two countries is more likely "returing to authoritarianism" rather than provisional "democratic recession". Implications of the finding has two aspects. One is that the only change in democratic procedures and institutions including the competition among political parties and peaceful change of governments are not enough to ensure a successful transition to liberal democracy. The other is that a half-democracy lacking the change of popular understanding and belief toward democracy as well as democratic practices cannot survive long enough. These are confirmed through this study on the cases of Thailand and the Philippines.

• Journal of Legislation Research
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• no.53
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• pp.61-107
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• 2017

It has been seventy-two years since the Korean Peninsular was divided into South and North Korea. When Korea was liberated from Japanese colonial rule in August 1945, the South and North established a capitalist system and a socialist system (communism) respectively, intensifying the ideological conflict and confrontation. The division of Korea was not confined to political and economical aspects, but extended to legal system, making it difficult to find legislative homogeneity in the two. The long-term situation of the divided nation results in a social phenomenon accompanied by legal division. For instance, shortly after its liberation from Japan's colonial rule, North Korea responded quickly to secure legal stability to govern the northern part while the Soviet army troops were stationed in it. Based on Marx and Engels' historical materialism, the North drove a change in its ideological superstructure by repealing the privatization of land property which was the means of production and finally enforced land nationalization, in common with other socialist states including the former Soviet Union. The North's land reform made under the guise of fulfilling national independence and doing away with anti-seigneurial and anti-feudalistic relations, has led to a wide difference in the systems between the South and Korea. This paper focuses on the legal systems of South and North Korea and is aimed at exploring the legal characteristics and environment of the North which became secluded from the world while engaging in socialist experiments for the past seventy two years against capitalism. Ongoing studies of legal system integration will be briefly discussed. The legal status of South and North Korea as a political entity will be investigated to overcome legal system division; and the characteristics of South-North relationship in legal terms and the limitations of the North's legal system will be also examined. Moreover, the directions for integrating legal systems and the plan for resolving legal system division will be suggested.