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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 pr ...
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Legal System
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more p ...
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Question Of Fact
In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles and can be applied to many situations rather than be dependent on particular circumstances or factual situations. An answer to a question of law as applied to the particular facts of a case is often referred to as a ''conclusion of law''. In several civil law jurisdictions, the highest courts deem questions of fact as having been settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as ...
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Civil Law Of South Korea
Civil may refer to: * Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights * Civil disobedience *Civil engineering * Civil (journalism), a platform for independent journalism *Civilian, someone not a member of armed forces * Civil law (other), multiple meanings * Civil liberties * Civil religion * Civil service *Civil society *Civil war A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ... * Civil (surname) {{disambiguation ...
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Criminal Law Of South Korea
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), '' The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each ...
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Copyright Law Of South Korea
Copyright law of South Korea is regulated by the Copyright Act of 1957. It has been amended several times, with a recent 2009 revision introducing a three strikes policy for online copyright infringement. History The concept of copyright first appeared in Korean writings in 1884. The history of the Korean copyright law dates to 1908, when during the occupation of Korea, the Japanese copyright law was extended to cover the Korean territories in the form of the international treaty between the United States and Japan on the Protection of Industrial Property in Korea. The Japanese law on copyright was used in Korea until 1957. The major Korean copyright legislation up to date, the Copyright Act of 1957, was enacted on January 28 of that year. This act protected the works for 30 years after the death of the author, and included fair use provisions. Later revisions also addressed issues such as moral rights. The Act has had 14 amendments, including two consolidations (in 1986 and 2006 ...
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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 priorit ...
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In Forma Pauperis
''In forma pauperis'' (; IFP or i.f.p.) is a Latin legal term meaning "in the character or manner of a pauper". It refers to the ability of an indigent person to proceed in court without payment of the usual fees associated with a lawsuit or appeal. United Kingdom IFP was abolished in the United Kingdom in favor of a legal aid approach as part of the Legal Aid and Advice Act 1949. United States In the United States, the IFP designation is given by both state and federal courts to someone who is without the funds to pursue the normal costs of a lawsuit or a criminal defense. The status is usually granted by a judge without a hearing, and it entitles the person to a waiver of normal costs, and sometimes in criminal cases the appointment of counsel. While court-imposed costs such as filing fees are waived, the litigant is still responsible for other costs incurred in bringing the action such as deposition and witness fees. However, in federal court, a pauper can obtain free servic ...
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Private International Law
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and '' choice of law'', which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries that use '' ...
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South Korean Won
The Korean Republic won, unofficially the South Korean won ( Symbol: ₩; Code: KRW; Korean: 대한민국 원) is the official currency of South Korea. A single won is divided into 100 jeon, the monetary subunit. The jeon is no longer used for everyday transactions, and it appears only in foreign exchange rates. The currency is issued by the Bank of Korea, based in the capital city of Seoul. Etymology The old "won" was a cognate of the Chinese yuan and Japanese yen, which were both derived from the Spanish-American silver dollar. It is derived from the hanja (, ''won''), meaning "round", which describes the shape of the silver dollar. The won was subdivided into 100 ''jeon'' (), itself a cognate of the Chinese unit of weight mace and synonymous with money in general. The current won (1962 to present) is written in hangul only and does not officially have any hanja associated with it. First South Korean won History The Korean won, Chinese yuan and Japanese yen ...
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Commercial Code Of The Republic Of Korea
Commercial may refer to: * a dose of advertising conveyed through media (such as - for example - radio or television) ** Radio advertisement ** Television advertisement * (adjective for:) commerce, a system of voluntary exchange of products and services ** (adjective for:) trade, the trading of something of economic value such as goods, services, information or money * Two functional constituencies in elections for the Legislative Council of Hong Kong: **Commercial (First) **Commercial (Second) * ''Commercial'' (album), a 2009 album by Los Amigos Invisibles * Commercial broadcasting * Commercial style or early Chicago school, an American architectural style * Commercial Drive, Vancouver, a road in Vancouver, British Columbia, Canada * Commercial Township, New Jersey, in Cumberland County, New Jersey See also * * Comercial (other), Spanish and Portuguese word for the same thing * Commercialism Commercialism is the application of both manufacturing and consumption towa ...
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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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Abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregnancies. When deliberate steps are taken to end a pregnancy, it is called an induced abortion, or less frequently "induced miscarriage". The unmodified word ''abortion'' generally refers to an induced abortion. The reasons why women have abortions are diverse and vary across the world. Reasons include maternal health, an inability to afford a child, domestic violence, lack of support, feeling they are too young, wishing to complete education or advance a career, and not being able or willing to raise a child conceived as a result of rape or incest. When properly done, induced abortion is one of the safest procedures in medicine. In the United States, the risk of maternal mortality is 14 times lower after induced abortion than after ...
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