• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.43-63
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• 2015

The number of final appeal(the rate of final appeal: 43%) has been on the increase every year over the past ten years in Korea. The number of final appeal cases given to a justice of the Korean Supreme Court amounts to nearly one everyday, which makes it vulnerable to faulty decisions. Reversal rate of final appeal is as low as 10% with most of the cases being dismissed and hence the percentage of people having trust in the judiciary is merely 27%. In this context, the Korean judiciary has announced its plan to set up a final appellate court in the Supreme Court. The establishment of final appellate court, however, is not only against the Constitution but also hardly seen in other nations. It would only overexpand the Supreme Court. Furthermore, the final appellate court would end up deteriorating into the court of fourth instance and impose extra burden on the government as well as on the disputing parties. Therefore, it is necessary to upgrade the quality of the court by increasing the number of judges in the lower court and let them focus on the fact finding process. Facilitating the ADR(Alternative Dispute Resolution) process such as arbitration would help improve the structure of the judiciary. The incompatibility among the four values of the dispute resolution process(equitability, truth, quickness and efficiency) calls for building comprehensive judicial system in which disputes are settled by choosing either jurisprudence or utility.

• Journal of Arbitration Studies
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• v.30 no.3
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• pp.67-94
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• 2020

This paper examines the current enforcement regime of Korea and provides an overview of the same with focus on the changes before and after the 2016 revision of the Korean Arbitration Act. It briefly studies the pro-arbitration bias of the New York Convention, as well as the Korean judiciary's stance on the enforcement of foreign arbitral awards. Some of the substantial issues discussed in the paper include the major procedural changes brought about by the 2016 amendment with respect to the enforcement of arbitral awards. The paper also discusses the rare instances where the Korean judiciary refused to recognize or enforce an arbitral award, and the reasoning behind the refusal. The paper discusses and analyzes four court judgments that reflect the Korean judiciary's position on the enforcement of foreign and domestic arbitral awards in Korea. It focuses on the NDS v. KT Skylife case, where the court of first instance refused the enforcement on grounds that the relief granted by the arbitral tribunal was not specific enough for enforcement. Ultimately, the appellate court, although agreeing on the specificity requirement, reversed the ruling and granted an enforcement judgment on grounds that the application for enforcement had the legal interest to request an enforcement judgment.

• The Journal of the Korea Contents Association
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• v.18 no.11
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• pp.298-305
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• 2018

This paper explored the impact of adaptive efforts for the 4th Industrial Revolution(hereafter, 4IR) on social cohesion at national level. To examine this relationship, Latent Growth Model was applied to thirty one OECD membership countries, 2006-2015. Adaptive efforts for 4IR was measured by the 4IR Relative Readiness(WEF, 2016) and social cohesion was measured by Corruption Perception Index(Transparency International) and trust on politicians(WEF). Results showed that corruption perception significantly decreased by the 4IR Relative Readiness and legal protection(judiciary independency and corporate ethics) and trust on politicians significantly increased by judiciary independency. These results imply that public and corporate efforts for the 4IR does not necessarily have negative impact on social cohesion as long as legal protection such as judiciary independency and corporate ethics are equally pursuit at national level.

• Journal of Korean Society of Archives and Records Management
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• v.19 no.2
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• pp.77-107
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• 2019

This study aims to analyze the current state of the operation of the information disclosure system in the judiciary of Korea to identify problems and suggest ways to provide more effective and substantive requests for information disclosure in the future. To this end, we reviewed the court's information disclosure claims process from 2007 to 2017 using the data published in the judicial yearbook and the data charged to the court information disclosure system of Korea. Results showed the different processes according to the person in charge, the high withdrawal rate, the complaint response rate, and the trend of the information nonexistence as the common problems. To solve these issues, we proposed to improve the various claims system, strengthen the education of the information disclosure claimant, publish the manual, and expand the provision and original text of information in advance.

• Korean Journal of Culture and Social Issue
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• v.23 no.1
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• pp.75-96
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• 2017

The present research investigated the psychological nature of low levels of trust in Korean society and the role of family expansionism, a cultural psychological factor, in this phenomenon. Specifically, we examined the possibility that Koreans' distrust toward social system is, at least partially, due to high standards for trust, which might be closely related to Koreans' cultural characteristic of family expansionism. In Study 1, the relations between levels of family expansionism, trust standards, and actual levels of trust for parents, judiciary, and politicians were examined among 540 Korean adults. In Study 2, we manipulated levels of family expansionism to examine its effect on trust standards. Results showed that trust standards were higher for politicians than parents. Participants' trust standards for politics were unrealistically high, especially on the responsibility factor. Actual levels of trust for judiciary and politicians were low when the trust standards for these targets relative to trust standards for parents were high. Moreover, the trust standards and levels of trust for judiciary and politicians (relative to those for parents) were positively correlated to levels of family expansionism. In other words, higher levels of family expansionism were linked to higher trust standards and levels of distrust for judiciary and politicians. In addition, Study 2 results showed that trust standards became high when family expansionism was induced. Unlike previous studies which focused on causes of low levels of trust while assuming that Korean society itself is a low trust society, the present research investigated the underlying mechanism behind the seemingly low trust in Korean society.

• Informatization Policy
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• v.28 no.3
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• pp.73-94
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• 2021

This study aimed to analyze the minutes of the Legislation and Judiciary Committee, one of the standing committees of the Korean National Assembly, by applying the WORDFISH algorithm of automated text analysis to estimate the pattern of changes in the ideological orientation of the members of Korea's political elite. The results of the analysis showed that the Legislation and Judiciary Committee generally undergoes changes in ideological orientation around the time of a major administrative change, especially during the period preceding a change up to the time of its implementation. Compared with the United States, where changes in the ideological orientation of the political elite occur simultaneously based on parties, changes in that of the political elite at the Korean National Assembly tend to occur in response to a certain transitional point in time or a change in the ruling government. What is especially noteworthy in terms of the ideological orientation reflected in the minutes of the Legislative Judiciary Committee is that the microscopic effect tends to disappear when the macroscopic effect occurs and, conversely, that the microscopic effect emerges once the macroscopic effect has disappeared. In other words, changes in the ideological orientation of the political elite appear to indicate the effect of a particular legislator's individual characteristics when no effect is observed during a given term or year of the National Assembly, whereas they revealed the effect of a given time itself when no effects related with the individual characteristics of a legislator are discerned.

• Convergence Security Journal
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• v.15 no.4
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• pp.141-147
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• 2015

KICS is intended to facilitate the computerization of the criminal justice process and realize a quick and transparent criminal justice process. Thus, it has been operating in the field of criminal justice by establishing criminal justice portal for the empowerment of the people. While in 2008 the opposition by the Court concerns the independent function of the judiciary and privacy violations presented in conjunction with its own operating system between the judiciary and other institutions. KICS improve office productivity by creating documents in a single criminal justice agencies to reduce costs, and costs of document exchange between criminal justice agencies. Secondly, the decision-making process is simplified by using the electronic documentation system and speed up, bind and document handling procedures ranging from preserving documents received are reduced dramatically contribute to the competitiveness of the organization through business improvement. Third, The use of an electronic document stored in the information is easy, and it is possible to easily access a variety of information can facilitate the realization of an open state by smoothly to provide information about the people. Finally, KICS building a network of criminal legal systems to maximize the benefits and the electronic integration effect it is being evaluated to improve the overall efficiency of the criminal legal system.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.97-119
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• 2008

The reluctance of Latin American countries to practice international arbitration is not a new topic in international law. This reluctance historically based on Calvo Doctrine provoked not only the absence of Latin American countries from the major international commercial arbitration conventions, but obsolete national arbitration legislation. Recently, however, these countries have undertaken major steps showing that the region is no longer reluctant to practice international commercial arbitration. Most Latin American countries have ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), the 1965 Convention on the Settlement of Investment Disputes ("Washington Convention") and the 1975 Inter-American Convention on International Commercial Arbitration ("Panama Convention"). The majority of Latin American countries have also modified and adapted their national legislation on arbitration to the UNCITRAL model law. Even judiciary has been following this pro-arbitration. This article will focus on some of these factors provoking the acceptance of international commercial arbitration in Latin America to trace the common trends and characteristics in an attempt to understand better how international arbitration set on its place firmly. For this purpose we selected five countries, Brazil, Argentina, Chile, Mexico and Venezuela, to analyse legislations and jurisprudence. Latin America is ready to challenge any obstacles to promote arbitration as alternative methods of judicial resolution. There is an ever-increasing number of international arbitration in Latin America. Both practitioners and judiciary have shown desires to promote the resolution of disputes by arbitration and used the legal instruments to ensure that process interpreting and applying legislations for pro-arbitration. Even there remains Calvo Doctrine's culture in Latin America still now, it should be certain this culture will disappear from the conduct of international arbitration.

• Journal of the Korean Society for Library and Information Science
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• v.58 no.2
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• pp.33-56
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• 2024

In this study, we analyzed the current situation of court libraries and aimed to propose a future-oriented strategy for preserving and managing their collections. Based on literature and status analysis, the study presents the future preservation strategy of court library collections in three main categories: First, securing space for the long-term preservation of court library collections; second, establishing a system for collecting and preserving court library collections; and third, performing digital archiving for the permanent preservation and utilization of court records, valuable legal volumes, administrative materials, and other judiciary-specific resources. Through this, court libraries, including those in various courts, should resolve the issue of insufficient collection storage space, preserve holdings systematically and efficiently, and activate library use.