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Published online by Cambridge University Press: 23 July 2019
This chapter examines the unfolding of politics between 1980 and 1987. President Park’s assassination by Kim Chae-Kyu in 1979 was followed by a military coup by General Chun Doo Hwan. Chun, as president of the Fifth Republic, continued authoritarian rule, albeit under the democratic 1980 Constitution.This makes the question of authoritarian legality during the Fifth Republic different from that in the Fourth Republic under the Yusin Constitution. Park’s murder trial in 1980 was one of the most pivotal political cases in modern Korea. This chapter focuses its discussion on the legal analysis of the case and its implications for the judiciary, in particular how the Supreme Court dealt with the legal and political consequences of Kim’s crime and what its decisions, both the majority and dissenting opinions, meant for the role of the court in Korea. The judicial process is examined in the contexts of the rule of law, judicial independence, and judicial activism and restraint.
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