Syllabus: Understanding Korean Law and Legal System 2023

1. Class Hours: Monday & Wednesday, 15:00-16:15

2. Classroom: Jinrikwan 307

3. Lecturer: Jinsuk Byun, Professor, College of Law

4. Contact: bjinsuk@sm.ac.kr, Phone: 02-2077-7336

5. Textbook: Korea Legislation Research Institute, Ed., Introduction to Korean Law,

Springer, Seoul (2012). Students are not required to buy the textbook. Necessary class
materials will be posted on Snowboard.

6. Course Purpose and Approaches

The purpose of this class is to provide students a broad, general understanding of

Korean law and legal system instead of detailed analysis of certain individual acts or
regulations.

In particular, this class focuses on three subject areas that are significant for the
understanding of Korea and Korean legal system. They are, first, Korean security and
survival, second, Korean economic development, third, Korean democracy. Legal
systems in these three areas are significant enough in defining Korea and Korean legal
system as well.

In each of these three areas, this class will take slight different approaches. First, in the
matter of security and survival, mainly a few international treaties and agreements will
be discussed. Second, in economic development, the number of relevant laws are too
many for us to look at individually. Therefore, the understanding of Korean economic
development related law and legal system will be approached through ‘model’ which
shows certain characteristic aspect of the legal system. When numerous acts and
regulations, practices are made and executed in a certain direction, they will form a
certain structure, or framework, the unique aspect of which will be represented by a
model or models. The model will help us to understand Korean law and legal system
without spending too much time and efforts. Third, in Korean democracy area, Korean
Constitutions and its changes will be looked at. In particular, 9 amendments of Korean
Constitution will be discussed to understand Koreans established democracy.

7. Weekly Schedule

1st week: Introduction to Korean Law and Legal System

Part I: Survival and Security

2nd week: Loss of Country and Japanese Colonial Rule.
 3rd week: Division, Korean War and Armistice Agreement
4th week: Cold War and Korea US Alliance
5th week: End of Cold War, North Korean Nuclear Weapon and Korean Security

Part II: Economic Development

6th week: Historical Legacy and First Repulic
7th week: Park’s Coup and Developmental Dictatorship 1
8th week: Mid Term Exam
9th week: Park’s Coup and Developmental Dictatorship 2
10th week: Reestablishing Government-Economy Relations, Movie watching “Ode to
MY Father.” Movie watching depends on the progress of class.

Part III: Democracy in Korea

11th week: Theories and Institution of Democracy
12th week: The Weak Constitutionalism in Korea in the Early Years
13th week: The Destruction of Democracy
14th week: The Restoration of Democracy
15th week: Final Exam

8. Evaluation

Mid Term Exam 45%, Final Exam 45%, Attendance & Participation 10%. This grading
standard may change.