Civil Code Of The Republic Of Korea
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Civil Code Of The Republic Of Korea
The Civil Code of the Republic of Korea (South Korea) was passed in 1958 as Law No. 471 and is known in South Korea as one of the three fundamental laws, the other two being Criminal law and constitution. It is made up of five parts, Part I (general provisions), Part II (real rights), Part III (claims), Part IV (relatives), and Part V (inheritance). History The South Korean Civil Code is the largest code among South Korean law. During the period of Japanese rule (1910-1945), Japanese civil code was used, but family law and succession law partially followed Korean customary rules. After the establishment of the South Korean government, the Committee of Law Compilation (법률편찬위원회) proceed to legislate civil code and other codes in 1948 and completed in 1953. The South Korean government supplied the draft to the legislature in 1954, which then passed the civil code into law in 1957 after some amendments, mostly relating to the family law. After it was enacted, the South K ...
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South Korea
South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korea, Korean Peninsula and sharing a Korean Demilitarized Zone, land border with North Korea. Its western border is formed by the Yellow Sea, while its eastern border is defined by the Sea of Japan. South Korea claims to be the sole legitimate government of the entire peninsula and List of islands of South Korea, adjacent islands. It has a Demographics of South Korea, population of 51.75 million, of which roughly half live in the Seoul Capital Area, the List of metropolitan areas by population, fourth most populous metropolitan area in the world. Other major cities include Incheon, Busan, and Daegu. The Korean Peninsula was inhabited as early as the Lower Paleolithic period. Its Gojoseon, first kingdom was noted in Chinese records in the early 7th century BCE. Following the unification of the Three Kingdoms of Korea into Unified Silla, Silla and Balhae in the ...
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Penal Code (South Korea)
Penal Code (형법) is the criminal law code currently used in South Korea. The first modern form of criminal code in Korea was introduced during Korea under Japanese rule. From 1912 to 1953, the Japanese Criminal code was used for the duration of around 40 years. In Sept 18, 1953, South Korea enacted its own criminal code. Origin The criminal related laws for Joseon generally followed China's forms of law; however it had its own uniqueness based on Joseon traditions and Neo-Confucianist ideologies. In 1912, the Governor-General of Korea declared the Chosun Criminal Order (조선형사령) and in April 4 of the same year, the Penal Code of Japan and Criminal justice system of Japan was in force in Korea. After liberation, the Chosun Criminal Order was still in place until Oct 2, 1953 by the USAMGIK Ordinance 21 and the Constitution of South Korea. The law was enacted 50 days after the Korean War on September 18, 1953. 15 days later in Oct.3, the law was officially in forc ...
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Constitution Of The Republic Of Korea
The Constitution of the Republic of Korea () is the supreme law of South Korea. It was promulgated on July 17, 1948, and last revised on October 29, 1987. Background The Provisional Charter of Korea The preamble of the Constitution of South Korea states that the document was established in the spirit of "upholding the cause of the Provisional Republic of Korea Government", the Korean government exiled after the imposition of Japanese colonial rule of Korea. As such, the founding document of the provisional government—The Provisional Charter of Korea—serves as the basis for the current constitution. Promulgated in 1919, the charter first gave the country the "Republic of Korea" name and laid out the ideas forming the backbone of later South Korean constitutions. These ten articles are: # The Republic of Korea is a democratic republic country. # The Republic of Korea should be governed by the provisional people of the provisional government. # All citizens of the Republi ...
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Korea Under Japanese Rule
Between 1910 and 1945, Korea was ruled as a part of the Empire of Japan. Joseon Korea had come into the Japanese sphere of influence with the Japan–Korea Treaty of 1876; a complex coalition of the Meiji government, military, and business officials began a process of integrating Korea's politics and economy with Japan. The Korean Empire, proclaimed in 1897, became a protectorate of Japan with the Japan–Korea Treaty of 1905; thereafter Japan ruled the country indirectly through the Japanese Resident-General of Korea. Japan formally annexed the Korean Empire with the Japan–Korea Treaty of 1910, without the consent of the former Korean Emperor Gojong, the regent of the Emperor Sunjong. Upon its annexation, Japan declared that Korea would henceforth be officially named Chōsen. This name was recognized internationally until the end of Japanese colonial rule. The territory was administered by the Governor-General of Chōsen based in Keijō (Seoul). Japanese rule prioritized ...
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Hoju
''Hoju'' is a family register system in North Korea and formerly in South Korea. ''Hoju'' () means the "head of the family" or "head of the household", ''Hojuje'' () is the "head of the family" system, and ''Hojeok'' (; McCune–Reischauer romanization: ) is the "family register". In South Korea, it was formally introduced in 1953. It is similar to the Japanese koseki, the Chinese hukou and the Vietnamese Hộ khẩu. Opponents of the ''hoju'' system believed it to be innately patriarchal and representing a "violation of the right to gender equality". In South Korea, it was opposed by both feminists and by representatives of other religious traditions including Buddhism and Christianity. South Korea abolished ''hoju'' on 1 January 2008 after the Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict w ...
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Law Of South Korea
The legal system of South Korea is a civil law system that has its basis in the Constitution of the Republic of Korea. The Court Organization Act, which was passed into law on 26 September 1949, officially created a three-tiered, independent judicial system. The revised Constitution of 1987 codified judicial independence in Article 103, which states that, "Judges rule independently according to their conscience and in conformity with the Constitution and the law." The 1987 rewrite also established the Constitutional Court, the first time that South Korea had an active body for constitutional review. The Korean judicial system is based on a continental style inquisitorial system, which is markedly different from the English adversarial system. Like Chinese prosecutors and Japanese prosecutors also, Korean prosecutors directly or indirectly conduct criminal investigations. Another departure from the British/American system is the admissibility of suspect interrogation records pro ...
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