Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-8ctnn Total loading time: 0 Render date: 2024-12-29T04:05:54.111Z Has data issue: false hasContentIssue false

3 - Jurisprudential Evolution, 1962–1972

Published online by Cambridge University Press:  23 July 2019

Marie Seong-Hak Kim
Affiliation:
St Cloud State University, Minnesota
Get access

Summary

This chapter examines jurisprudential evolution during the Third Republic under President Park Chung Hee, from 1962 to 1972. The record of the Supreme Court during this period shows that strong deference to the legislature and the executive branch prevailed in constitutional interpretation. Political questions were largely shielded from judicial interference. National security issues continued to play an important role, as seen in the Minbiyon and the Tongbaengnim (East Berlin) cases in the late 1960s. The State Tort Claims Act case of 1971 marked the first and the only time before 1987 that the Supreme Court declared the unconstitutionality of a statute on substantive grounds and refused to enforce it. After this monumental decision, the Court returned to its traditional position of refraining from rendering a constitutional ruling on sensitive political matters. The judicial strike in 1971 reveals the uneasy relationship between judges and prosecutors.

Type
Chapter
Information
Constitutional Transition and the Travail of Judges
The Courts of South Korea
, pp. 57 - 107
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×