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111-427: [REDACTED] [REDACTED] The Supreme Court of Korea ( Korean :  대법원 ; Hanja :  大法院 ; RR :  Daebeobwon ) is the highest ordinary court in the judicial branch of South Korea, seated in Seocho , Seoul . Established under Chapter 5 of the Constitution of South Korea , the Court has ultimate and comprehensive jurisdiction over all cases except those cases falling under

222-525: A military dictatorship under National Council for Reunification and declared martial law . Chun violently suppressed the subsequent Gwangju Uprising democracy movement against his rule in Gwangju , during which 200-600 people may have died. In August, Choi resigned and Chun was elected President in the 1980 presidential election by the National Council, running unopposed and winning 99.37% of

333-479: A spoken language . Since the turn of the 21st century, aspects of Korean culture have spread to other countries through globalization and cultural exports . As such, interest in Korean language acquisition (as a foreign language ) is also generated by longstanding alliances, military involvement, and diplomacy, such as between South Korea–United States and China–North Korea since the end of World War II and

444-484: A Korean influence on Khitan. The hypothesis that Korean could be related to Japanese has had some supporters due to some overlap in vocabulary and similar grammatical features that have been elaborated upon by such researchers as Samuel E. Martin and Roy Andrew Miller . Sergei Starostin (1991) found about 25% of potential cognates in the Japanese–Korean 100-word Swadesh list . Some linguists concerned with

555-660: A change in the training structure for legal professionals in South Korea. The 'Judicial Policy Research Institute' (JPRI, 사법정책연구원 ), was established in 2014 under Article 76-2 of the Court Organization Act. It serves as a specialized body within the Supreme Court of South Korea, focusing on research related to policy issues concerning the judicial system. Additionally, the JPRI plays a role in educating

666-480: A core vowel. The IPA symbol ⟨ ◌͈ ⟩ ( U+0348 ◌͈ COMBINING DOUBLE VERTICAL LINE BELOW ) is used to denote the tensed consonants /p͈/, /t͈/, /k͈/, /t͡ɕ͈/, /s͈/ . Its official use in the extensions to the IPA is for "strong" articulation, but is used in the literature for faucalized voice . The Korean consonants also have elements of stiff voice , but it is not yet known how typical this

777-511: A decision, a simple majority vote among a quorum of two-thirds of all Supreme Court justices is required. In the event of a tie, the Chief Justice, serving as the permanent presiding chair of the council, has the authority to cast a tie-breaking vote. Article 17 of the Court Organization Act further empowers the council with additional supervisory functions concerning the Chief Justice's power of court administration. These functions include

888-428: A lower court's decision and sending the case back for a retrial. In such cases, the lower court is bound by the legal principles highlighted by the Supreme Court. Unless new factual circumstances arise that challenge those legal principles, the lower court must render a decision as directed by the Supreme Court. Consequently, a "verdict of acquittal with a remand for retrial" is considered final, even though it necessitates

999-509: A new constitution that laid the foundations for the relatively stable democratic system of the current sixth Republic of Korea . Park Chung Hee had served as the leader of South Korea since July 1961, during which he was a de facto military dictator and maintained his near-absolute power through legal and illegal channels. Park originally came to power as Chairman of the Supreme Council of National Reconstruction two months after

1110-399: A new trial at the lower court. In South Korea, judicial panels include a 'presiding member' ( 재판장 ) and a 'member in charge' ( 주심 ). The presiding member serves as the official representative of the panel, while the member in charge oversees the proceedings and trial and prepares the draft judgment for the specific case at hand. This role of the member in charge bears similarities to that of

1221-521: A possible relationship.) Hudson & Robbeets (2020) suggested that there are traces of a pre- Nivkh substratum in Korean. According to the hypothesis, ancestral varieties of Nivkh (also known as Amuric ) were once distributed on the Korean Peninsula before the arrival of Koreanic speakers. Korean syllable structure is (C)(G)V(C), consisting of an optional onset consonant, glide /j, w, ɰ/ and final coda /p, t, k, m, n, ŋ, l/ surrounding

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1332-482: A protest. In June 1987, the death of Lee Han-yeol, a protester killed by a police tear gas grenade at one of the demonstrations following Bak's death, caused unrelenting pressure on Chun. The protesters demanded elections to be held, as well as instituting other democratic reforms, including direct presidential elections. On June 10, Chun announced his choice of Roh Tae-woo as the DJP's candidate for president. He added that

1443-654: A reaction of Anti-Americanism in the democratization movement, which had been treated with suspicion by the United States along with other student movements. While military relations with Japan were strong, the Fifth Republic witnessed a rise in Anti-Japanese sentiment in South Korea due to various cultural and political disputes, mostly related to the history of Japanese rule in Korea . Examples include

1554-585: Is addressed by the Court Organization Act, a statute that outlines the structure of ordinary courts in the country. As of 2022, Article 4(2) of the Court Organization Act establishes that the number of Supreme Court justices is set at 14. Notably, all Supreme Court justices are appointed by the President of South Korea, subject to the approval of the National Assembly, as stated in Article 104(2) of

1665-656: Is an agglutinative language . The Korean language is traditionally considered to have nine parts of speech . Modifiers generally precede the modified words, and in the case of verb modifiers, can be serially appended. The sentence structure or basic form of a Korean sentence is subject–object–verb (SOV), but the verb is the only required and immovable element and word order is highly flexible, as in many other agglutinative languages. Question 가게에 gage-e store- LOC 가셨어요? ga-syeo-sseo-yo go- HON . PAST - CONJ - POL 가게에 가셨어요? gage-e ga-syeo-sseo-yo store-LOC go-HON.PAST-CONJ-POL 'Did [you] go to

1776-596: Is an institution primarily responsible for training and re-educating lower ordinary court Judges, as outlined in Article 72 of the Court Organization Act. However, its role has evolved over time. Originally, the JRTI served as a nationwide two-year law school supported by the South Korean government. This was prior to South Korea adopting the American-style three-year law school system in 2008 ( 법학전문대학원 ). Before

1887-445: Is bureaucratically considered the 'head of the panel' rather than the individual who actively takes on the role of the presiding member for a specific case. Korean language Korean ( South Korean : 한국어 , Hanguk-eo ; North Korean : 조선어 , Chosŏnŏ ) is the native language for about 81 million people, mostly of Korean descent. It is the national language of both North Korea and South Korea . Beyond Korea,

1998-511: Is closer to a near-open central vowel ( [ɐ] ), though ⟨a⟩ is still used for tradition. Grammatical morphemes may change shape depending on the preceding sounds. Examples include -eun/-neun ( -은/-는 ) and -i/-ga ( -이/-가 ). Sometimes sounds may be inserted instead. Examples include -eul/-reul ( -을/-를 ), -euro/-ro ( -으로/-로 ), -eseo/-seo ( -에서/-서 ), -ideunji/-deunji ( -이든지/-든지 ) and -iya/-ya ( -이야/-야 ). Some verbs may also change shape morphophonemically. Korean

2109-530: Is explicitly stipulated in Article 106(2) of the Constitution and Article 47 of the Court Organization Act. Similarly, the Chief Justice of the Supreme Court has the authority to order the retirement of lower ordinary court judges if they are found to have impairments. This retirement order system represents a significant distinction between Supreme Court justices and Constitutional Court justices. The latter cannot be ordered to retire due to impairment, as there

2220-399: Is mainly reserved for specific circumstances such as newspapers, scholarly papers and disambiguation. Today Hanja is largely unused in everyday life but is still important for historical and linguistic studies. The Korean names for the language are based on the names for Korea used in both South Korea and North Korea. The English word "Korean" is derived from Goryeo , which is thought to be

2331-691: Is no statutory provision establishing such a system in the Constitutional Court Act. The Research division of the Supreme Court ( 재판연구관 ), comprises officials who provide support to the Supreme Court Justices. These officials, referred to as Research Judges (formerly known as Judicial Researchers or Research Judges), are governed by Article 24(3) of the Act. There are two categories of Research Judges. The first category consists of lower ordinary court judges who are seconded to

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2442-399: Is of faucalized consonants. They are produced with a partially constricted glottis and additional subglottal pressure in addition to tense vocal tract walls, laryngeal lowering, or other expansion of the larynx. /s/ is aspirated [sʰ] and becomes an alveolo-palatal [ɕʰ] before [j] or [i] for most speakers (but see North–South differences in the Korean language ). This occurs with

2553-700: Is the Constitutional Court of Korea . The original constitution during the First Republic established 'Supreme Court' and 'Constitutional Committee' ( 헌법위원회 ) in Chapter 5. The Supreme Court was established as the highest ordinary court but lacked the power of constitutional review , which was conferred upon the Constitutional Committee, a sort of constitutional court . This distribution of judicial power inside judiciary

2664-747: Is well attested in Western Old Japanese and Northern Ryukyuan languages , in Eastern Old Japanese it only occurs in compounds, and it is only present in three dialects of the Southern Ryukyuan language group . Also, the doublet wo meaning "hemp" is attested in Western Old Japanese and Southern Ryukyuan languages. It is thus plausible to assume a borrowed term. (See Classification of the Japonic languages or Comparison of Japanese and Korean for further details on

2775-512: Is written in the Korean script ( 한글 ; Hangeul in South Korea, 조선글 ; Chosŏn'gŭl in North Korea), a system developed during the 15th century for that purpose, although it did not become the primary script until the 20th century. The script uses 24 basic letters ( jamo ) and 27 complex letters formed from the basic ones. When first recorded in historical texts, Korean was only

2886-677: The Democratic Justice Party as a de facto dictatorship and one-party state . The Fifth Republic faced growing opposition from the democratization movement of the Gwangju Uprising , and the June Democracy Movement of 1987 resulted in the election of Roh Tae-woo in the December 1987 presidential election . The Fifth Republic was dissolved three days after the election upon the adoption of

2997-576: The Fourth Republic of Korea . Park's popularity in South Korea declined during the 1970s, as the economic growth of the 1960s began to slow and the public became more critical of his authoritarianism. On 26 October 1979, Park was assassinated at a safehouse by Kim Jae-gyu , the director of the Korean Central Intelligence Agency (KCIA), causing political turmoil in South Korea. Park's successor, Choi Kyu-hah ,

3108-491: The Japanese colonial rule , Chief Justice Kim Byung-ro famously defended the independence of the judiciary from Syngman Rhee. However, after Kim Byung-ro's retirement in 1957, the Supreme Court fell to autocratic influence. By giving the death sentence to Park's political contender Cho Bong-am in 1959 and also by sentencing death on the defendants of People's Revolutionary Party Incident in 1975 under Park Chung Hee 's era,

3219-520: The Japanese history textbook controversies and problems with the Japanese immigration system for Koreans in Japan . South Korea's relations with North Korea thawed during the beginning of the Fifth Republic, and proposed reunification plans were announced, but only held favorable conditions for their respective countries and was mostly used for propaganda . North Korean relations soured in 1983 after

3330-537: The Judge-Rapporteur in the European Court of Justice . Typically, the member in charge is selected randomly by a computer system to ensure impartiality and avoid any suspicion of bias. On the other hand, the presiding member is chosen based on seniority through a bureaucratic process. It is important to note that the term 'presiding judge' ( 부장판사 ) in South Korean courts often refers to a judge who

3441-703: The Korean War . Along with other languages such as Chinese and Arabic , Korean is ranked at the top difficulty level for English speakers by the United States Department of Defense . Modern Korean descends from Middle Korean , which in turn descends from Old Korean , which descends from the Proto-Koreanic language , which is generally suggested to have its linguistic homeland somewhere in Manchuria . Whitman (2012) suggests that

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3552-524: The Korean dialects , which are still largely mutually intelligible . The Chinese language , written with Chinese characters and read with Sino-Xenic pronunciations , was first introduced to Korea in the 1st century BC, and remained the medium of formal writing and government until the late 19th century. Korean scholars adapted Chinese characters (known in Korean as Hanja ) to write their own language, creating scripts known as idu , hyangchal , gugyeol , and gakpil. These systems were cumbersome, due to

3663-580: The May 16 coup (which he had led) overthrew the Second Republic of Korea . The Supreme Council established a provisional military junta government that prioritized the economic development of South Korea, but faced strong pressure from the United States to restore civilian rule. In 1963, Park abdicated from his military position to run as a civilian in the October 1963 presidential election , defeating

3774-560: The New Korea and Democratic Party (NKDP) was founded as the successor of the New Democratic Party , including notable opposition leaders Kim Dae-jung and Kim Young-sam , and campaigned on a focus on greater democratic rights. The NKDP became the opposition in the National Assembly after strong success in the 1985 South Korean legislative election , with only 6% fewer votes than Chun's Democratic Justice Party. Reportedly,

3885-513: The Organisation for Economic Co-operation and Development ranked the South Korean ordinary judiciary to be one of the most efficient in terms of trial length and trial costs. The composition and appointment of Supreme Court justices ( 대법관 ) are governed by a combination of constitutional provisions and statutory regulations. While the current Constitution of South Korea does not specify the precise number of Supreme Court justices, this matter

3996-775: The Rangoon bombing , an attempted assassination of President Chun during a state visit in Rangoon , Burma . Three North Korean agents detonated a bomb at the Martyrs' Mausoleum intending to kill Chun during a wreath laying ceremony to commemorate Aung San . The blast killed 21 people, including four senior South Korean politicians: foreign minister Lee Bum Suk , minister of power resource Suh Sang-chul , economic planning minister and deputy prime minister Suh Suk-Joon, and minister for commerce and industry Kim Dong-Whie. In September 1984, relations improved when North Korea sent large quantities of aid to South Korea during major flooding. The aid

4107-568: The Three Kingdoms of Korea (not the ancient confederacies in the southern Korean Peninsula), while " -eo " and " -mal " mean "language" and "speech", respectively. Korean is also simply referred to as guk-eo , literally "national language". This name is based on the same Han characters ( 國語 "nation" + "language") that are also used in Taiwan and Japan to refer to their respective national languages. In North Korea and China ,

4218-475: The jurisdiction of the Constitutional Court of Korea . It consists of fourteen Justices, including the Chief Justice of the Supreme Court of Korea . The Supreme Court is at the top of the hierarchy of all ordinary courts in South Korea, and traditionally represented the conventional judiciary of South Korea. The Supreme Court has equivalent status as one of the two highest courts in South Korea. The other

4329-422: The 10 largest conglomerates in the gross national product increased from 33% in 1979 to 54% in 1989, while the number of affiliated companies in the 30 largest conglomerates increased from 126 in 1970 to 429 in 1979 and 513 in 1989. The liberalization of imports saw the influx of agricultural and livestock products expanded. However, the government's policies provided a favorable environment for large companies, while

4440-968: The 16th century for all Korean classes, including uneducated peasants and slaves. By the 17th century, the yangban had exchanged Hangul letters with slaves, which suggests a high literacy rate of Hangul during the Joseon era. In the context of growing Korean nationalism in the 19th century, the Gabo Reform of 1894 abolished the Confucian examinations and decreed that government documents would be issued in Hangul instead of literary Chinese. Some newspapers were published entirely in Hangul, but other publications used Korean mixed script , with Hanja for Sino-Korean vocabulary and Hangul for other elements. North Korea abolished Hanja in writing in 1949, but continues to teach them in schools. Their usage in South Korea

4551-416: The Constitution of South Korea, the appointment of lower ordinary court judges ( 판사 ), by the Chief Justice of the Supreme Court requires the consent of the 'Council of Supreme Court Justices' ( 대법관회의 ). This council consists of all Supreme Court justices, including the Chief Justice. The decision-making process of the council is governed by Article 16(1), (2), and (3) of the Court Organization Act. To reach

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4662-520: The Constitution, justices cannot be removed from office except through impeachment or a sentence of imprisonment. Furthermore, engaging in any political party affiliations or activities is strictly prohibited under Article 43(1) and 49 of the Court Organization Act. A significant aspect of South Korean Supreme Court justices is that they can be compelled to retire against their will while serving their term if they are deemed to have severe mental or physical impairment. This retirement order ( 심신장해로 인한 퇴직명령 ),

4773-558: The Constitution. Additionally, Article 104(2) empowers the Chief Justice of the Supreme Court to recommend candidates for appointment to the position of Supreme Court justice. To be eligible for appointment as a Supreme Court justice, individuals must meet certain criteria outlined in Article 42(1) of the Court Organization Act. First, they must be at least 45 years old. Second, they must qualify as an attorney at law . Lastly, candidates must have accumulated over 20 years of experience in legal practice or academia. These provisions ensure that

4884-616: The Court Organization Act, outline the term of associate justices of the South Korean Supreme Court. Their term is initially set at six years and can be renewed until the mandatory retirement age of 70. However, in the current Sixth Republic, no justices have attempted to renew their term through reappointment. This is due to the potential risk to the judicial independence of the Court that may arise from such renewal attempts. During their term, as stated in Article 106(2) of

4995-431: The Court Organization Act, the Supreme Court of South Korea carries out its final appellate jurisdiction through two distinct phases. The first phase is known as the 'Petty Bench,' which consists of a smaller panel within the Court. The Petty Bench is presided over by the most senior justice serving within that particular panel. The second phase is referred to as the 'Grand Bench,' which operates as an en banc session of

5106-422: The Court Organization Act. The role of the Chief Justice extends beyond serving as the presiding member of en banc hearings (or Grand Bench, 전원합의체 ), which are composed of more than two-thirds of all fourteen justices. In addition to this crucial responsibility, the Chief Justice has other significant functions. Under Article 111(3) of the Constitution, the Chief Justice nominates candidates for three out of

5217-470: The Court Organization Act. The NCA is responsible for overseeing and managing all administrative matters pertaining to the ordinary courts in South Korea, including the Supreme Court itself. The head of the NCA, referred to as the 'Minister of NCA' ( 법원행정처장 ), is exclusively appointed by the Chief Justice of the Supreme Court from among the associate Supreme Court justices. Similar to other Supreme Court justices,

5328-407: The Court. The Grand Bench is always presided over by the Chief Justice of the Supreme Court. During these sessions, all justices of the Supreme Court come together to deliberate on cases and make decisions. In the initial phase of the procedure, a four-judge panel (or "Petty Bench," 소부 ) examines how the appeal should be handled. If the four justices within the same panel reach a unanimous decision,

5439-417: The Court. This is particularly important considering the high volume of cases appealed to the Court. As of April 2022, there are approximately 100 Research Judges and around 30 Judicial Researchers contributing to the operations of the Supreme Court in South Korea. The 'National Court Administration' (NCA, 법원행정처 ), was established as an administrative body of the Supreme Court in accordance with Article 67 of

5550-480: The German concept of "Wissenschaftlichen Mitarbeiter" (Research Associates). In Germany, Research Associates are lower court judges who are seconded to federal courts for up to five years, serving as judicial assistants to judges in the highest courts. Although the working terms for these research staff members are relatively short, they play a crucial role as core staff members in managing the entire judicial process of

5661-555: The JRTI were selected through a nationwide jurisprudence exam known as the 'Judicial exam' ( Korean : 사법시험 ). These trainees underwent a two-year training program at the JRTI, where they received education and competed with one another. The career options available to them after graduation were influenced by their performance and records at the JRTI. Graduates with outstanding records typically pursued careers as judges and prosecutors, while those with lower records often chose to work as lawyers in various fields. This system partially reflected

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5772-463: The JRTI's role as the exclusive professional school for law diminished. It transformed into an internal education institute for newly appointed judges and law clerks. Some senior judges also receive additional training at the JRTI for technical matters. Currently, all training functions for Prosecutors have been transferred to the 'Institute of Justice' ( 법무연수원 ) at the Ministry of Justice , signifying

5883-629: The Minister is regarded as holding the same level of authority as other ministers included in the State Council in the executive branch of the South Korean government. Additionally, the Chief Justice typically appoints the Vice Minister of NCA, usually selecting a senior lower court judge for the position. The Vice Minister of NCA is treated at the same level as other vice-ministers within the government structure. The NCA operates under

5994-623: The NKDP's electoral success shocked and infuriated Chun. However, in 1986 the NKDP experienced internal ideological conflicts over the severity of opposition to Chun, and in 1987 Kim Young-sam's faction split to form the Reunification Democratic Party . The 1980 constitution limited the president to a single seven-year term, with no possibility of reelection even if it was nonsuccessive. It also stipulated that any amendments to remove presidential term limits would not apply to

6105-476: The National Assembly passed a constitutional amendment that allowed him to serve a third term, which he won in the 1971 presidential election against Kim Dae-jung . In December 1971, Park declared a state of emergency . On 10 October 1972, Park launched a self-coup known as the October Restoration , dissolving the National Assembly, suspending the constitution, and declaring martial law across

6216-577: The Public Official Election Act ( 공직선거법 ), which designates the Supreme Court as the sole authority responsible for their adjudication. Another example of single-tier trials at the Supreme Court involves cases concerning disciplinary actions against judges for misconduct. According to Article 27(2) of the Discipline of Judges Act ( 법관징계법 ), such cases are exclusively heard by the Supreme Court. As outlined in Article 7(1) of

6327-400: The Supreme Court by order of the Chief Justice. The second category, known as Judicial Researchers, comprises experts who are not lower ordinary court judges. Judicial Researchers are appointed for a maximum term of three years, while Research Judges are typically seconded to work in the Supreme Court for one to two years. This system of Research Judges and Judicial Researchers is influenced by

6438-466: The Supreme Court exclusively handles certain cases as single-tier trials, without the possibility of appeal. One category of cases subject to single-tier trials in the Supreme Court pertains to disputes related to the election of the President of South Korea , National Assembly members, provincial-level local governors, and local parliament members. These cases are governed by Article 222 and 223 of

6549-472: The Supreme Court gained notorious reputation for judicial murder ( 사법살인 ) as obediently sentencing capital punishments over spy scandals fabricated by dictators. After the April Revolution , the Constitutional Court was established to replace the Constitutional Committee, but the Supreme Court remained largely unaffected by the changes. After Park Chung Hee 's 1961 coup , the Second Republic

6660-442: The Supreme Court of South Korea is composed of individuals with substantial expertise and experience in the field of law. The appointment process, involving the President and the National Assembly, as well as the Chief Justice's role in recommending candidates, aims to uphold the independence and integrity of the Supreme Court while maintaining the necessary checks and balances within the judicial system. According to Article 104(2) of

6771-636: The adoption of the American law school system, the JRTI played a vital role in training legal professionals in South Korea. Another pathway for legal professionals was recruitment by the South Korean Armed Forces as 'Judge Advocates' ( 군법무관 ) within the military justice system. The JRTI was initially modeled after the ' Legal Research and Training Institute ' ( Japanese : 司法研修所 ) in Japan, which trained judges, prosecutors, and attorneys-at-law simultaneously. In South Korea, candidates for

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6882-418: The application of law and logic in the decisions of the lower courts regarding the specific case. Therefore, the role of the Supreme Court is to review the decisions of the lower courts and not to issue new judgments. The Supreme Court primarily issues two types of rulings: affirming the lower court's decision ( 원심확정 ) or remanding the case ( 파기환송 ). Remanding, in simple terms, refers to the act of overturning

6993-455: The beginnings of words. /l/ becomes alveolar flap [ɾ] between vowels, and [l] or [ɭ] at the end of a syllable or next to another /l/ . A written syllable-final ' ㄹ ', when followed by a vowel or a glide ( i.e. , when the next character starts with ' ㅇ '), migrates to the next syllable and thus becomes [ɾ] . Traditionally, /l/ was disallowed at the beginning of a word. It disappeared before [j] , and otherwise became /n/ . However,

7104-441: The case is resolved within the panel. However, in cases where the panel fails to reach a unanimous decision or determines that the matter should be heard en banc (such as when changing a Supreme Court precedent or when addressing a significant constitutional issue at a sub-statutory level), the case is referred for an en banc hearing (or "Grand Bench," 전원합의체 ). Given that the Court has three four-judge panels, only twelve out of

7215-554: The civil law tradition of considering prosecutors as a de facto part of the judiciary as the deputy director (or vice-president) of the JRTI is appointed among prosecutors according to Article 74(1) of the Court Organization Act. Similar arrangements can be observed in institutions like the French National School for the Judiciary . With the adoption of the American-style three-year law school system in South Korea,

7326-414: The compact Koreanic language family . Even so, Jejuan and Korean are not mutually intelligible . The linguistic homeland of Korean is suggested to be somewhere in contemporary Manchuria . The hierarchy of the society from which the language originates deeply influences the language, leading to a system of speech levels and honorifics indicative of the formality of any given situation. Modern Korean

7437-450: The country's economy. By the mid-1980s, the South Korean economy improved, with high-tech industries such as the manufacture of electronics and semiconductors becoming prosperous. In 1986, Hyundai Motors began exporting the Pony and Excel models to the United States, the first signal that South Korea was competing with developed countries in the automobile industry. Thanks to exports,

7548-611: The country. Park commissioned work on a brand new constitution, known as the Yushin Constitution , which essentially formalized his long-held dictatorial powers and guaranteed him as president for life. On 21 November 1972, the Yushin Constitution was approved in the 1972 South Korean constitutional referendum with 92.3% of the vote and came into force, dissolving the Third Republic and establishing

7659-417: The countryside migrated to the cities. Rural migrants often lived in poverty at the very bottom of urban society, engaging in industrial or services work, and sometimes illegal activity. The Fifth Republic openly maintained close relations with the United States and Japan under the banner of anti-communism, promoting a Korea-US-Japan Triangular Alliance. The Chun government's strong pro-American stance caused

7770-399: The first Korean dynasty known to Western nations. Korean people in the former USSR refer to themselves as Koryo-saram or Koryo-in (literally, " Koryo/Goryeo persons"), and call the language Koryo-mal' . Some older English sources also use the spelling "Corea" to refer to the nation, and its inflected form for the language, culture and people, "Korea" becoming more popular in

7881-533: The first half of the 1980s, where foreign debts became a major issue in the aftermath of rapid economic development in the 1960s and 1970s. Many problems surfaced such as the Lee–Chang scandal , the first financial scandal of Chun's presidency, and the dismantling of the International Group, a major Korean conglomerate. Falling oil prices, falling US dollar value, and falling interest rates also affected

7992-449: The four-judge panels. Decisions are made by a simple majority vote. However, if a majority opinion cannot be reached, the Court's decision is determined in accordance with Article 66 of the Act. In either phase, the Supreme Court does not adjudicate facts but rather deliberates based on the evidence introduced in lower-court trials. Unlike the fact-finding nature of the lower courts, the Supreme Court only examines whether there are errors in

8103-447: The fourteen Supreme Court justices participate in the first phase of the procedure. The remaining two Supreme Court justices — the Chief Justice and the Minister of National Court Administration — hold administrative roles within the Court but are not assigned to any specific panel. In the second phase, an en banc hearing ( "Grand Bench," 전원합의체 ), comprising more than two-thirds of all Supreme Court justices, examines cases forwarded by

8214-456: The fundamental disparities between the Korean and Chinese languages, and accessible only to those educated in classical Chinese. Most of the population was illiterate. In the 15th century King Sejong the Great personally developed an alphabetic featural writing system , known today as Hangul , to promote literacy among the common people. Introduced in the document Hunminjeongeum , it

8325-507: The government system and created numerous new ministries , but South Korea remained a de facto one-party state under the Democratic Justice Party, and most elections during this era were not considered legitimate. Nevertheless, Chun had far less power than Park, and with few exceptions his rule was somewhat milder. In the mid-1980s, Chun began to release political prisoners arrested during his rise to power. In 1985,

8436-401: The gross national product (GNP) grew rapidly and the annual average growth rate remained around 10%. In 1987, GNP per capita exceeded $ 3,000. The start of color television broadcasting in 1980 was also a sign of economic growth. The South Korean economy continued to be dominated by family-owned conglomerates known as chaebols and their influence grew during the Fifth Republic. The share of

8547-554: The guidance and direction of the Chief Justice and implements decisions made by the Council of Supreme Court Justices. Its primary responsibilities include assisting the Chief Justice in matters related to human resources for lower ordinary court judges, planning fiscal budgets and managing expenditure issues for all ordinary courts, and conducting internal inspections to ensure anti-corruption and ethical standards are upheld. The 'Judicial Research and Training Institute' (JRTI, 사법연수원 ),

8658-659: The incumbent President Yun Posun and inaugurating the Third Republic of Korea two months later in December. The Third Republic was presented as a return to civilian government under the National Assembly , but in reality was a continuation of Park's military dictatorship and the government was predominantly members of the Supreme Council. Park won re-election in the 1967 presidential election , and

8769-415: The incumbent, effectively foreclosing any attempts by Chun to run again in 1987. Despite this, Chun resisted calls to open up the regime. In January 1987, the death of Park Jong-chul caused a flare in the democratization movement and sparked widespread protests. Bak, a student at Seoul National University and democracy movement activist, died from causes related to police torture after being arrested at

8880-479: The inflow of western loanwords changed the trend, and now word-initial /l/ (mostly from English loanwords) are pronounced as a free variation of either [ɾ] or [l] . All obstruents (plosives, affricates, fricatives) at the end of a word are pronounced with no audible release , [p̚, t̚, k̚] . Plosive sounds /p, t, k/ become nasals [m, n, ŋ] before nasal sounds. Hangul spelling does not reflect these assimilatory pronunciation rules, but rather maintains

8991-733: The institute's ability to gather insights and perspectives from both within and outside the ordinary courts. Currently, the JPRI is located in Goyang , Gyeonggi Province , providing a dedicated space for its research activities and initiatives. The Supreme Court was located in Seosomun-dong, Seoul until 1995. Currently, it is located in Seocho , Seoul . The Supreme Court building in Seocho has 16 floors and two underground floors with total space around 66,500 square meters. This large size building

9102-408: The issue between Japanese and Korean, including Alexander Vovin, have argued that the indicated similarities are not due to any genetic relationship , but rather to a sprachbund effect and heavy borrowing, especially from Ancient Korean into Western Old Japanese . A good example might be Middle Korean sàm and Japanese asá , meaning " hemp ". This word seems to be a cognate, but although it

9213-402: The judiciary. These responsibilities collectively highlight the multifaceted nature of the Chief Justice's position within the South Korean judicial system, encompassing not only judicial leadership but also administrative and nominating functions that contribute to the overall functioning and integrity of the courts. Article 105(1), (2), and (4) of the Constitution, along with Article 45(4) of

9324-639: The language is most often called Joseon-mal , or more formally, Joseon-o . This is taken from the North Korean name for Korea (Joseon), a name retained from the Joseon dynasty until the proclamation of the Korean Empire , which in turn was annexed by the Empire of Japan . In mainland China , following the establishment of diplomatic relations with South Korea in 1992, the term Cháoxiǎnyǔ or

9435-659: The language is recognized as a minority language in parts of China , namely Jilin , and specifically Yanbian Prefecture , and Changbai County . It is also spoken by Sakhalin Koreans in parts of Sakhalin , the Russian island just north of Japan, and by the Koryo-saram in parts of Central Asia . The language has a few extinct relatives which—along with the Jeju language (Jejuan) of Jeju Island and Korean itself—form

9546-455: The late 1800s. In South Korea the Korean language is referred to by many names including hanguk-eo ("Korean language"), hanguk-mal ("Korean speech") and uri-mal ("our language"); " hanguk " is taken from the name of the Korean Empire ( 대한제국 ; 大韓帝國 ; Daehan Jeguk ). The " han " ( 韓 ) in Hanguk and Daehan Jeguk is derived from Samhan , in reference to

9657-649: The military junta to act with impunity. Following 1987 democratization , the Constitutional Court was restored in the Sixth Republic , with the power of constitutional review. To prevent the president from undermining the judiciary again, the 1987 constitutional amendment, which established the Sixth Republic, allows citizens to file a constitutional complaint directly with the Constitutional Court, even if courts refuse to do so. In 2015,

9768-431: The next election would be indirect, a decision which was opposed by the protesters. However, unwilling to resort to violence before the 1988 Olympic Games and believing Roh could win legitimate elections due to divisions within the opposition, Chun and Roh acceded to the key demands of direct presidential elections and restoration of civil liberties. On 16 December 1987, Roh won the 1987 presidential election with 36.6% of

9879-413: The nine Constitutional Court justices. This role emphasizes the Chief Justice's involvement in the selection process for the Constitutional Court. Furthermore, the Chief Justice serves as the chairperson of the Council of Supreme Court Justices, playing a pivotal role in leading and overseeing the activities of this council. Moreover, the Chief Justice appoints one of the associate Supreme Court justices to

9990-497: The oppressive rule of President Park Chung Hee and declared Article 2 of the National Compensation Act ( 국가배상법 ) unconstitutional, a statute that limited state liability for injured soldiers during service. President Park retaliated by refusing reappointment of Supreme Court Justices, which had been a formality. The Fourth and Fifth Republics would endow a new, differently-formed Constitutional Committee with

10101-401: The position of Minister of National Court Administration ( 법원행정처 ). This appointment involves selecting a justice to fulfill the administrative duties associated with managing the national court system. Additionally, with the consent of the Council of Supreme Court Justices, the Chief Justice appoints all lower court judges in ordinary courts, further emphasizing their influential role in shaping

10212-541: The power of constitutional review but on the condition that a court first formally submit a request before the committee could hear a case. This extra procedural hurdle was meant to nullify the committee, since the Supreme Court would never authorize such requests, while allowing the Park Chung Hee regime to maintain the pretense that it granted the Committee full constitutional-review power. It effectively allowed

10323-406: The principles of transparency and accountability. According to Article 104(1) of the Constitution of South Korea, the Chief Justice of the Supreme Court is appointed by the President of South Korea, subject to the approval of the National Assembly. The requirements for experience and age for the Chief Justice are the same as those stipulated for associate Supreme Court justices under Article 42(1) of

10434-413: The promulgation of interior procedural rules, the selection of judicial precedents for publication, and fiscal planning for all ordinary courts, including the Supreme Court itself. In essence, the Council of Supreme Court Justices serves as a mechanism for collective decision-making and oversight within the Supreme Court of South Korea, ensuring the fair and effective administration of justice while upholding

10545-638: The proto-Koreans, already present in northern Korea, expanded into the southern part of the Korean Peninsula at around 300 BC and coexisted with the descendants of the Japonic Mumun cultivators (or assimilated them). Both had influence on each other and a later founder effect diminished the internal variety of both language families. Since the establishment of two independent governments, North–South differences have developed in standard Korean, including variations in pronunciation and vocabulary chosen. However, these minor differences can be found in any of

10656-473: The public on fundamental aspects of the functioning of ordinary courts. The Institute primarily recruits research fellows and researchers from the pool of lower ordinary court judges, as outlined in the provisions of Article 76-4 of the Act. However, a significant number of researchers are also recruited externally from individuals who possess PhD degrees and have expertise relevant to the field of judicial policy research. This diverse recruitment strategy enhances

10767-412: The rural economy was seriously damaged by the importation of cheap foreign agricultural products. The self-sufficiency rate of grains fell from 86% in 1970 to 48.4% in 1985. Therefore, foreign agricultural and livestock products occupied a large portion of food consumed by South Korean people. While urban areas grew in wealth and size, in contrast the rural population rapidly declined, and many peasants from

10878-424: The second and last Thursday of a month. Empowered by Article 101(2) and 110(2) of the Constitution, the Supreme Court of South Korea possesses comprehensive final appellate jurisdiction over all cases from ordinary courts and military courts. Additionally, it exercises the power of judicial review at the sub-statutory level, similar to other ordinary courts, as specified in Article 107(2) of the Constitution. Notably,

10989-669: The short form Cháoyǔ has normally been used to refer to the standard language of North Korea and Yanbian , whereas Hánguóyǔ or the short form Hányǔ is used to refer to the standard language of South Korea. Korean is a member of the Koreanic family along with the Jeju language . Some linguists have included it in the Altaic family, but the core Altaic proposal itself has lost most of its prior support. The Khitan language has several vocabulary items similar to Korean that are not found in other Mongolian or Tungusic languages, suggesting

11100-514: The store?' Response 예/네. ye/ne AFF Fifth Republic of Korea The Fifth Republic was established in February 1981 by Chun Doo-hwan , a military colleague of long-time president and dictator Park Chung Hee , after the political instability and military rule in the fourth republic since the assassination of Park in October 1979. The Fifth Republic was ruled by Chun and

11211-441: The tense fricative and all the affricates as well. At the end of a syllable, /s/ changes to /t/ (example: beoseot ( 버섯 ) 'mushroom'). /h/ may become a bilabial [ɸ] before [o] or [u] , a palatal [ç] before [j] or [i] , a velar [x] before [ɯ] , a voiced [ɦ] between voiced sounds, and a [h] elsewhere. /p, t, t͡ɕ, k/ become voiced [b, d, d͡ʑ, ɡ] between voiced sounds. /m, n/ frequently denasalize at

11322-464: The underlying, partly historical morphology . Given this, it is sometimes hard to tell which actual phonemes are present in a certain word. The traditional prohibition of word-initial /ɾ/ became a morphological rule called "initial law" ( 두음법칙 ) in the pronunciation standards of South Korea, which pertains to Sino-Korean vocabulary. Such words retain their word-initial /ɾ/ in the pronunciation standards of North Korea. For example, ^NOTE ㅏ

11433-405: The vote, the first honest national elections in South Korea in two decades. Three days later on 19 December, a new highly-democratic and liberal constitution came into effect, dissolving the Fifth Republic and establishing the current Sixth Republic of Korea . Chun finished out his term and handed the presidency to Roh on 25 February 1988. The Fifth Republic experienced economic difficulties during

11544-544: The vote. In October, Chun abolished all political parties and established his own, the Democratic Justice Party , which was effectively a re-branding of Park's Democratic Republican Party that ruled South Korea since 1963. Soon afterwards, a new constitution was enacted that, while far less authoritarian than Park's Yusin Constitution, was still clearly patterned after that document, including indirect presidential elections and vague "emergency powers" which could be invoked to suspend civil liberties . The Fifth Republic of Korea

11655-707: Was accepted by Chun despite the North Korean attempt on his life less than a year earlier. In 1985, Chun proposed an inter-Korean summit that was eventually held in September in Seoul. The summit was considered a success in inter-Korean relations, but the bombing of Korean Air Flight 858 on 29 November 1987 by North Korean agents damaged relations again. The Fifth Republic continued South Korea's openly pro- Western stance and promoted stronger diplomatic ties with NATO countries in Europe , hoping to form greater economic ties to

11766-627: Was an ineffective president whose authority was largely ignored by the political elite. In December, Major General Chun Doo-hwan , the Chairman of the Defense Security Command and a former military colleague of Park, overthrew Choi's government in the Coup d'état of December Twelfth , and over the next few months gained control over most government apparatuses. In May 1980, Chun launched the Coup d'état of May Seventeenth establishing

11877-533: Was called eonmun ('colloquial script') and quickly spread nationwide to increase literacy in Korea. The Korean alphabet was denounced by the yangban aristocracy, who looked down upon it too easy to learn. However, it gained widespread use among the common class and was widely used to print popular novels which were enjoyed by the common class. Since few people could understand official documents written in classical Chinese, Korean kings sometimes released public notices entirely written in Hangul as early as

11988-405: Was dissolved and, after a nominal transition to civilian rule from a military junta , the Third Republic was established in 1962. The Constitutional Court, itself never formed because of the coup, was abolished while the power of judicial review was conferred on the Supreme Court. Nevertheless, the Supreme Court retained its deference towards the ruling dictator. In 1971, the Supreme Court resisted

12099-612: Was formally inaugurated on 3 March 1981, when Chun was inaugurated as President after being re-elected in the February 1981 presidential election . Although Chun gradually dismantled the highly centralized government structures set up by Park, his presidency was plagued by public outrage over his reaction to the Gwangju Uprising in 1980. The killings had consolidated momentum of nationwide support for democracy, and many people protested for faster democratization. Chun reorganized

12210-584: Was necessary to hold the Supreme Court, National Court Administration and law library all together. Main Center of the building is mainly used by the Supreme Court, while east Wing is mainly used by National Court Administration. Other Wing is used by law library. At the center entrance of the building, three Korean words are engraved; 자유 meaning freedom, 평등 meaning equality, and 정의 meaning Justice. The Supreme Court usually does not hold open hearing session, though sessions for verdicts are regularly held on

12321-466: Was never fully realized under rule of South Korea's first president Syngman Rhee , whose dictatorship hampered the committee's function and eventually left it unable to re-constitute itself. Though the Supreme Court had no power of judicial review, it enjoyed judicial independence under the first Chief Justice of the Supreme Court , 'Kim Byung-ro' ( 김병로 ), from 1948 to 1957. Renowned for his ardent participation in Korean independence movement during

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