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169-455: [REDACTED] [REDACTED] [REDACTED] The Constitutional Court of Korea ( Korean :  헌법재판소 ; Hanja :  憲法裁判所 ; RR :  Heonbeop Jaepanso ) is one of the highest courts —along with the Supreme Court —in South Korea's judiciary that exercises constitutional review, seated in Jongno , Seoul . The South Korean Constitution vests judicial power in courts composed of judges, which establishes

338-641: 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 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

507-484: 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

676-692: A considerable number of properties were destroyed by Korean residents. Republic of China further alleged the Japanese authorities in Korea did not take adequate steps to protect the lives and property of the Chinese residents, and blamed the authorities for allowing inflammatory accounts to be published. As a result of this riot, the Minister of Foreign Affairs Kijūrō Shidehara , who insisted on Japanese, Chinese, and Korean harmony, lost his position. In 1911,

845-480: 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

1014-489: A detailed organizational structure of the Court, establishes the hierarchy of judicial officers and their roles within the Court, and most importantly, provides ways in which people of Korea can appeal to the Court. Unlike other constitutional courts (most notably Federal Constitutional Court of Germany ), a party may file a constitutional complaint directly with the Court, without having to exhaust all other legal recourse, when

1183-545: 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 the Korean dialects , which are still largely mutually intelligible . The Chinese language , written with Chinese characters and read with Sino-Xenic pronunciations ,

1352-401: A new surname to be used in the family register. The surname could be of their own choosing, including their native clan name, but in practice many Koreans received a Japanese surname. There is controversy over whether or not the adoption of a Japanese surname was effectively mandatory, or merely strongly encouraged. From 1939, labor shortages as a result of conscription of Japanese men for

1521-641: A number of irregular civilian militias called "righteous armies" arose. They consisted of tens of thousands of peasants engaged in anti-Japanese armed rebellion. After the Korean army was disbanded in 1907, former soldiers joined the armies and fought the Japanese army at Namdaemun . They were defeated, and largely fled into Manchuria, where they joined the guerrilla resistance movement that persisted until Korea's 1945 liberation. As Korean resistance against Japanese rule intensified, Japanese replaced Korean police system with their military police. Infamous Akashi Motojiro

1690-665: A number of mass murders, including the Gando Massacre , Kantō Massacre , Jeamni massacre , and Shinano River incident . While the international consensus is that these incidents all occurred, various Japanese scholars and politicians, including Tokyo governor Yuriko Koike , either deny completely, attempt to justify, or downplay incidents such as these. Beginning in 1939 and during World War II , Japan mobilized around 5.4 million Koreans to support its war effort. Many were moved forcefully from their homes, and set to work in generally extremely poor working conditions, although there

1859-703: A particular statute infringes upon his or her constitutional rights . Although the Constitutional Court and the Supreme Court are treated as coequal (see Article 15 of the Constitutional Court Act), the two courts have persistently come into conflict with each other over which of them is the final arbiter of the meaning of the Constitution. The Supreme Court, which is supposed to be the court of last resort, has criticized

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2028-495: A party as a means of suppressing dissent and stifling free expression since a dictator cannot dissolve at will a political party challenging his or her authority. The Constitutional Court rarely accepts dissolution petitions, and even less often rules in favor of dissolving a political party. As of April 2023, the Unified Progressive Party (UPP, Korean : 통합진보당 ) is the only political party dissolved through

2197-521: 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

2366-590: A process of Japanization , eventually functionally banning the use of Korean names and the Korean language altogether. Tens of thousands of cultural artifacts were taken to Japan, and hundreds of historic buildings like the royal palaces Gyeongbokgung and Deoksugung were either partially or completely demolished. Japan also built infrastructure and industry. Railways, ports and roads were constructed, although in numerous cases workers were subjected to extremely poor working circumstances and discriminatory pay. While Korea's economy grew under Japan, many argue that many of

2535-631: A protectorate of China , forced opening of three Korean ports to Japanese trade, granted extraterritorial rights to Japanese citizens, and was an unequal treaty signed under duress ( gunboat diplomacy ) of the Ganghwa Island incident of 1875. The regent Daewongun , who remained opposed to any concessions to Japan or the West, helped organize the Mutiny of 1882, an anti-Japanese outbreak against Queen Min and her allies. Motivated by resentment of

2704-661: A quorum of two-thirds of all Supreme Court Justices, according to article 16(2) and (3) of the Act. The main role of the council is supervisory functions for the President of the Court's power of court administration, such as the appointment of the Secretary General, the Vice Secretary General, Rapporteur Judges and other high-ranking officers over Grade III. Other issues requiring supervisory functions of

2873-481: A referral from the court. This means that abstract or potential injuries are not eligible for this legal resource. In other words, a party must have a concrete and specific interest in the outcome of the case to request a referral to the Constitutional Court. Article 41(5) of the Constitutional Court Act establishes that once an ordinary court has requested the Constitutional Court to adjudicate on

3042-419: A representative consultant for Ryohei Uchida , and was used for propaganda with the support of the Japanese government. On 3 December 1909, he and Lee Wan-yong will issue a statement demanding the annexation of Korea. However, the merger took place in the form of Japan's annexation of Korean territory and was disbanded by Terauchi Masatake on 26 September 1910. During the prelude to the 1910 annexation,

3211-463: A simple majority. 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, the language is recognized as a minority language in parts of China , namely Jilin , and specifically Yanbian Prefecture , and Changbai County . It

3380-674: A total population of over 21 million, less than 3%. By 1939 the Japanese population increased to 651,000, mostly from Japan's western prefectures. During the same period, the population in Chōsen grew faster than that in the naichi . Koreans also migrated to the naichi in large numbers, especially after 1930; by 1939 there were over 981,000 Koreans living in Japan. Challenges which deterred Japanese from migrating into Chōsen included lack of arable land and population density comparable to that of Japan. Japan sent anthropologists to Korea who took photos of

3549-641: 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 the compact Koreanic language family . Even so, Jejuan and Korean are not mutually intelligible . The linguistic homeland of Korean

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3718-656: 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

3887-512: Is bureaucratically regarded as 'head of the panel', not who really takes role of presiding member in each of specific cases. For example, former Justice Kang Il-won was 'Justice in charge' ( Korean : 주심재판관 ) in Impeachment of Park Geun-hye case, so he presided much of hearings, though official presiding member of the Full bench at that time was former Justice Lee Jung-mi as acting President of

4056-511: 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

4225-462: Is defined in Article 68(2) of the Constitutional Court Act. The Supreme Court has argued that such derivative decisions encroach upon the court's traditional role of interpreting statutes and could lead to confusion and inconsistency in the application of the law. On the other hand, the Constitutional Court has justified its use of derivative decisions by stating that they are necessary to ensure that

4394-515: Is divided into Courthouse and the Annex. The five-story main building for Courthouse is designed in neo-classical style to incorporate Korean tradition with new technology. It was awarded 1st place of 2nd Korean Architecture Award in October 1993, the year it was completed. Right pillar of the main gate is engraved as Korean : 헌법재판소 meaning the Constitutional Court itself, while the left pillar gate

4563-649: Is engraved as Korean : 헌법재판소사무처 meaning the Department of Court Administration. It includes the courtroom, office and deliberation chamber for Justices, office for Rapporteur Judges, Academic Advisors and Constitutional Researchers, and one of working space for Department of Court Administration. The Annex building, built in April 2020 as three-story building tried to enhance communication with public and barrier-free accessibility. It includes law library , permanent exhibition hall for visitors and another working space for

4732-629: Is exemplified in the legacy of Park Chung Hee , South Korea's most influential and controversial president, who collaborated with the Japanese military and continued to praise it even after the colonial period. Until 1964, South Korea and Japan had no functional diplomatic relations, until they signed the Treaty on Basic Relations , which declared "already null and void " the past unequal treaties, especially those of 1905 and 1910. Despite this, relations between Japan and South Korea have oscillated between warmer and colder periods, often due to conflicts over

4901-460: Is filled with lower ordinary court Judges or Prosecutors seconded from outside of the Constitutional Court for 1 to 2 years, to enhance diversity and insight of the Court according to article 19(9) of the Act. Other than Rapporteur Judges, there are 'Constitutional Researchers' ( Korean : 헌법연구원 ) and 'Academic Advisors' ( Korean : 헌법연구위원 ) at the Court, working for 2 to 5 years to assist research on academic issues mainly on comparative law related to

5070-399: 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

5239-558: Is need to make decision. If there's no simple majority opinion, the opinion of the Court is decided by counting votes from the most favorable opinion for the plaintiff to the most unfavorable opinion for the plaintiff, until the number of votes gets over six. When the counted votes are over six, the most unfavorable opinion inside the votes over six are regarded as opinion of the Court. In South Korea, among panel of Judges or Justices, there should be 'presiding member ( Korean : 재판장 )' and 'member in charge ( Korean : 주심 )'. The presiding member

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5408-463: Is no grave violation of the law or statutes. Under the Constitution of South Korea , the government has the right to request the dissolution of a political party if its objectives or activities are deemed to be in opposition to the principles of the liberal democratic basic order ( German : Freiheitliche demokratische Grundordnung ; Korean : 민주적 기본질서 ), and such requests are adjudicated by

5577-399: 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

5746-701: Is official representative of the panel. The member in charge is who oversees hearing and trial and writes draft judgment for each specific case. This role of 'member in charge' is mostly similar to Judge-Rapporteur in European Court of Justice . Usually the member in charge is automatically (or randomly) selected by computer to negate suspicion of partiality. However, the presiding member is bureaucratically selected by seniority. Due to this virtual difference in role, 'presiding Judge' in South Korean courts usually refer to Korean : 부장판사 which means such Judge

5915-453: Is out of the Court's jurisdiction. This type of adjudications are usually dismissed in Prior review due to lack of preliminary conditions. In addition, there's another unique type of constitutional complaint under article 68(2) of the Act, as discussed above in paragraph of 'on Constitutionality of statutes'. This constitutional complaint by article 68(2) of the Act is detour for Adjudication on

6084-527: Is set out in Article 111(1) of South Korea's Constitution as follows: adjudication on (1) constitutionality of statutes , (2) impeachment , (3) dissolution of a political party , (4) competence dispute, and (5) constitutional complaint . While the South Korean Constitutional Court's organizational structure was influenced by Austria , the scope of its jurisdiction was modeled after Germany . According to Article 111(1), 1. of

6253-416: Is structured into two phases. First phase is investigating preliminary conditions on admissibility of case, not on merits. For example, if the plaintiff (who made request for adjudication) lapsed deadline for request, the case is formally decided as 'Dismissed' ( Korean : 각하 ) no matter how much the plaintiff's request is right or not. This phase is named as 'Prior review' ( Korean : 사전심사 ) under article 72 of

6422-544: 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 is written in the Korean script ( 한글 ; Hangeul in South Korea, 조선글 ; Chosŏn'gŭl in North Korea), a system developed during

6591-409: Is suspended from exercising his or her power. Neither the Constitution nor the Constitutional Court Act lays out concrete criteria to be considered in an impeachment case. Therefore, the Constitutional Court's decisions play an important role in establishing standards of review for impeachment cases. There have been two presidential impeachment cases: the failed impeachment of Roh Moo-hyun of 2004 and

6760-408: Is the one and only highest constitutional court established by Article 111(1) Chapter 6 'Constitutional Court' ( Korean : 헌법재판소 ). The drafters of the Constitution tried to emphasize that the Constitutional Court does not belong to the ordinary-court system by using different but synonymous words. The term 'jaepanso ( Korean : 재판소 ; Korean pronunciation: [tɕɛpʰanso] )', meaning court ,

6929-747: 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

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7098-527: 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 the 16th century for all Korean classes, including uneducated peasants and slaves. By

7267-624: The Association of Asian Constitutional Courts and Equivalent Institutions . After regaining independence from the Japanese colonial rule in 1945, there were multiple attempts to establish an independent constitutional court to exercise judicial review . Members of the Constitutional Drafting Committee prior to the first republic debated whether Korea's system of constitutional review should be modeled after

7436-658: The Donghak Peasant Revolution in 1894 provided a seminal pretext for direct military intervention by Japan in the affairs of Korea. In April 1894, Joseon asked for Chinese assistance in ending the revolt. In response, Japanese leaders, citing a violation of the Convention of Tientsin as a pretext, decided upon military intervention to challenge China. On 3 May 1894, 1,500 Qing forces appeared in Incheon . On 23 July 1894, Japan attacked Seoul in defiance of

7605-597: The Japan–Korea Treaty of 1882 indemnified the families of the Japanese victims, paid reparations to the Japanese government in the amount of 500,000 yen, and allowed a company of Japanese guards to be stationed at the Japanese legation in Seoul. The struggle between the Heungseon Daewongun's followers and those of Queen Min was further complicated by competition from a Korean independence faction known as

7774-714: The Japan–Korea Treaty of 1905 , and then ruled the country indirectly through the Japanese Resident-General of Korea . After forcing the Korean Emperor Gojong to abdicate in 1907, Japan then formally colonized Korea with the Japan–Korea Treaty of 1910 . The territory was then administered by the Governor-General of Chōsen , based in Keijō (Seoul), until the end of the colonial period. Japan made sweeping changes in Korea. It began

7943-549: The Minister of War of Japan , Terauchi Masatake , was given a mission to finalize Japanese control over Korea after the previous treaties (the Japan–Korea Treaty of 1904 and the Japan–Korea Treaty of 1907 ) had made Korea a protectorate of Japan and had established Japanese hegemony over Korean domestic politics. On 22 August 1910, Japan effectively annexed Korea with the Japan–Korea Treaty of 1910 signed by Ye Wanyong , Prime Minister of Korea, and Terauchi Masatake, who became

8112-676: The National Assembly before the President appoints them. The South Korean Constitution broadly delineates the roles of courts, both ordinary courts and the Constitutional Court, and entrusts the National Assembly to legislate the specifics of their functions. The National Assembly , soon after the tenth constitutional amendment that ended decades of dictatorship in South Korea, passed the Constitutional Court Act ( Korean : 헌법재판소법 ), which spells out

8281-589: The Proto-Koreanic language , which is generally suggested to have its linguistic homeland somewhere in Manchuria . Whitman (2012) suggests that 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

8450-568: 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 ,

8619-595: The United States or continental Europe . Kwon Seung-ryul's proposal followed the American judicial system where only the Supreme Court interprets the constitution, whereas Yoo Jin-oh's proposal followed the European model with a constitutional court. The Constitutional Committee ( Korean : 헌법위원회 ) of the first republic was the result of a compromise between the two proposals. According to the 1948 Constitution,

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8788-634: The ordinary-court system, but also separates an independent constitutional court and grants it exclusive jurisdiction over matters of constitutionality . Specifically, Chapter VI Article 111(1) of the South Korean Constitution specifies the following cases to be exclusively reviewed by the Constitutional Court: Article 111(2) states that the Constitutional Court shall consist of nine justices qualified to be court judges, all of whom shall be appointed by

8957-468: The president of South Korea . Even though all nine justices must be appointed by the president, Article 111(3) states that the National Assembly and the Chief Justice shall nominate three justices each, which implies the remaining three are nominated by the president of South Korea. Article 111(4) states that the candidate for the president of the Constitutional Court must obtain the approval of

9126-548: The vice president chaired the Constitutional Committee, the National Assembly appointed five assemblymen as committee members (after the 1952 constitutional amendment, three from the House of Representatives and two from the House of Councillors ), and the chief justice of the Supreme Court recommended five from the Supreme Court justices to the committee. Syngman Rhee 's dictatorial rule, however, sabotaged

9295-557: The "Japanese empire pressured the outcry of the Korean Empire and people and forced by Japan–Korea Treaty of 1910 and full text of a treaty was false and text of the agreement was also false". They also declared the "Process and formality of "Japan–Korea Treaty of 1910" had huge deficiencies and therefore the treaty was null and void. This implied the March First Movement was not an illegal movement. From around

9464-466: The 'Prior review' is delivered by three different Panel ( Korean : 지정재판부 ) of the Court, and each of the Panel is composed of three Justices. At this phase, the Court takes inquisitorial system to investigate every possible omit of preliminary conditions. If the Panel decides unanimously that the case lacks any of preliminary conditions, the case is dismissed. Otherwise, the case goes to second phase, where

9633-473: 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 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

9802-829: 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

9971-460: The 1960 constitutional amendment, the President, House of Councillors and the Supreme Court each designated three Constitutional Court judges. Although legislation to form the Court was passed in April 1961, the Court never came into existence as Park Chung Hee , who later became president, launched a coup the following month and suspended the constitution. After the nominal dissolution of the military junta , President Park Chung Hee jammed through

10140-479: The 1962 constitutional amendment, which conferred the power to review cases on constitutionality on the Supreme Court and dissolved the Constitutional Court. Following the constitutional mandate in 1971, the Supreme Court, in a 11-5 decision, struck down Article 2 of the National Compensation Act ( Korean : 국가배상법 ), which restricted state liability for compensating injured soldiers while serving

10309-497: The Act, to make decision upholding requests for the Adjudication, or to change precedent, the Court needs votes from at least six Justices among quorum of at least seven Justices. The only exception is making uphold decision in Adjudication on competence dispute. It only requires simple majority to make uphold decision. Otherwise, for example, to dismiss or to reject case, only simple majority with quorum of at least seven Justices

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10478-512: The Act. Second phase is reviewing and deliberating merits of case. This phase is mainly fulfilled without oral hearing, yet the Court may hold oral hearing session if necessary, according to article 30 of the Act. If a case had passed prior review phase yet could not prove merits, the cas is formally decided as 'Rejected' ( Korean : 기각 ). Otherwise, it is decided as 'Upheld' yet the specific form of upheld decision varies with each of jurisdiction, especially in judicial review of statutes. First phase,

10647-477: The Assembly to formally participate in nomination process, the ruling party nominates one Justice, and the first opposition party nominates another. The remaining nomination is shared between the two parties, decided by negotiation or by election when the negotiation fails. For example, former Justice Kang Il-won was nominated by the National Assembly according to negotiations between the ruling Saenuri Party and

10816-621: The Chief Justice of the Supreme Court. This appointment structure reflects the civil law tradition of regarding ordinary courts as heart of conventional judiciary, since the President of South Korea represents executive branch, and the National Assembly represents legislative branch, while the Supreme Court Chief Justice represents judicial branch of the South Korean government . However, it is clear that both

10985-423: The Constitution and article 68(1) of Constitutional Court Act, the Court may review whether basic right of the plaintiff is infringed by any public authorities. Influenced by German institution called Verfassungsbeschwerde , this Adjudication on Constitutional complaint ( Korean : 헌법소원심판 ) system is designed as last resort for defending basic rights under the Constitution. Thus basically, the Court can adjudicate

11154-411: The Constitution divides the power to nominate persons for appointment into equal thirds among the President, the National Assembly , and the Chief Justice of the Supreme Court of Korea . Thus, the President has the power to both nominate and appoint three of the Constitutional Court's nine Justices, but the President must appoint the remaining six Justices from persons selected by the National Assembly or

11323-477: The Constitution, the Constitutional Court may review the constitutionality of statutes at the request of ordinary courts—a power referred to as judicial review ( Korean : 사법심사 ) or officially Adjudication on the constitutionality of statutes ( Korean : 위헌법률심판 ) in Chapter 4, Section 1 of the Constitutional Court Act. In a legal dispute, if the court's decision depends on the constitutionality of laws relevant to

11492-626: The Constitutional Court Act. The Secretary General is treated as same level as other Ministers at State Council in executive branch of South Korean government, by article 18(1) of the Act. The Deputy Secretary General ( Korean : 사무차장 ) is appointed usually from the senior Rapporteur Judges and treated as same level as other Vice-Ministers. The department implements decisions of the Council of Constitutional Court Justices and operates various issues of court administration, including fiscal and human resource issues or other information technology services of

11661-410: The Constitutional Court for attempting to upend the "three-tiered trial" system—referring to the conventional practice of allowing appeals up to twice—and placing itself above the Supreme Court. In 2022, the relationship between the two high courts seemingly came to a head when the Constitutional Court overturned a Supreme Court decision without declaring the relevant statute unconstitutional, holding that

11830-885: The Constitutional Court of Korea . Rapporteur Judges ( Korean : 헌법연구관 , formerly known as 'Constitutional Research Officers') are officials supporting nine Justices in the Court. They exercise investigation and research for review and adjudication of cases, to prepare memoranda and draft decisions, which makes them as kind of judicial assistant (such as Conseillers référendaires in French Cour de cassation or Gerichtsschreiber in Swiss Bundesgericht usually working for 5 to 10 years or more until retirement, but not as law clerks in United States Supreme Court working for 1 to 2 years as intern). Rapporteur Judges are appointed by President of

11999-421: The Constitutional Court to adjudicate which party does or does not have "competence." In some instances, two separate agencies may have overlapping powers, which are defined in the relevant statutes that grant those powers. As a result, it may become necessary to distinctly establish the agency responsible for a particular matter. In some other cases, the existence of competence itself can be disputed. For example,

12168-411: The Constitutional Court. During the term, according to article 112(1) and 112(2) of the Constitution, Justices shall not be expelled from office unless by impeachment or a sentence of imprisonment, and they shall not join any political party, nor shall participate in political activities to protect political neutrality of the Court. One of sophisticated issue on the Court's tenure system is term length of

12337-463: The Constitutional Court. The party-dissolution provision was influenced by its German equivalent, called ' Party Ban ' ( German : Parteiverbot ), designed to prevent the recurrence of events like the rise of the Nazis. While the clear provision for dissolving a political party serves to prevent anti-democratic factions from destabilizing society, it also acts as a safeguard against attempts to dissolve

12506-494: The Council include making interior procedural rules and planning on fiscal issues. Article 111(4) empowers the President of South Korea to appoint the President of the Constitutional Court of Korea among nine Constitutional Court Justices, with consent the National Assembly . By article 12(3) of the Constitutional Court Act, President of the Court represents the Court and supervises court administration. Also by article 16(1),

12675-652: The Court and educating public on constitution. Professors at the Institute are recruited mainly from PhD degree holders educated from foreign countries, and their research and education programs are supervised by senior Rapporteur Judges as manager seconded from the Court. The institute is currently located in Gangnam , Seoul . Current buildings of the Constitutional Court of Korea, seated in Jae-dong , Jongno District , Seoul near Anguk station of Seoul Subway Line 3 ,

12844-419: The Court to review matters on constitutionality. Following such will of the South Korean people, the Constitutional Court has made significant landmark decisions in contemporary history of South Korea. Renowned latest decisions of the Court include the decriminalization of abortion and the impeachment of Park Geun-hye . The current judicial system of South Korea , especially the Constitutional Court of Korea,

13013-513: The Court with consent of Council of Justices, under article 16(4) and 19(3) of the Act, and serve for renewable ten-year terms, which is same tenure system as lower ordinary court Judges ( Korean : 판사 ) in South Korea. It is noticeable that Rapporteur Judges serve longer than Justices in Constitutional Court, and paid as same as lower ordinary court Judges, since these professional assistants are designed to ensure continuity of constitutional adjudication in South Korea. Some of Rapporteur Judges position

13182-485: The Court's on-going cases by article 19-3 of the Act. The Court's administrative affairs are managed autonomously inside the Court, by apparatus called 'Department of Court Administration' (DCA, Korean : 헌법재판소사무처 ). The department is led by the 'Secretary General' ( Korean : 사무처장 ), currently Park Jong Mun , under direction of the President of the Court, provided with consent of 'Council of Justices' ( Korean : 재판관회의 ) in some of important issues under article 16 and 17 of

13351-454: The Court. Cases in the Constitutional Court are named as following rule. First two or four digit Arabic numbers indicate the year when the case is filed. And the following case code composed of Alphabets are categorized into eight; Hun-Ka, Na, Da, Ra, Ma, Ba, Sa and A. Each of the code matches with specific jurisdiction of the Court. The last serial number is given in the order of case filing of each year. The Constitutional Court's jurisdiction

13520-572: The Court. It has also professional team for supporting international relations of the Court, including Venice commission and Association of Asian Constitutional Courts and Equivalent Institutions . Constitutional Research Institute ( Korean : 헌법재판연구원 ) is the Constitutional Court's own institute established by article 19-4 of the Constitutional Court Act in year 2011, for research on fundamental academic issues concerning comparative law and original legal theories for South Korean Constitution. It also has function for training newly appointed officials of

13689-405: The Full bench ( Korean : 전원재판부 ) composed of all possible Justices with the President of the Court as presiding member, reviews the case by article 22 of the Act. Though the case may already passed Prior review, still it can be dismissed since other Justices who did not participated in Prior review of such case can have different opinion. According to 113(1) of the Constitution and article 23(2) of

13858-721: The Imperial Palace on 20 September 1905, to seek political support from the United States despite her diplomatic rudeness. However, it was after exchanging opinions through the Taft–Katsura agreement on 27 July 1905, that America and Japan would not interfere with each other on colonial issues. Under the Treaty of Portsmouth , signed in September 1905, Russia acknowledged Japan's "paramount political, military, and economic interest" in Korea. Two months later, Korea

14027-464: The Japanese government took stronger measures. On 19 July 1907, Emperor Gojong was forced to relinquish his imperial authority and appoint the Crown Prince as regent. Japanese officials used this concession to force the accession of the new Emperor Sunjong following abdication, which was never agreed to by Gojong. Neither Gojong nor Sunjong were present at the 'accession' ceremony. Sunjong was to be

14196-629: The Korean Imperial Museum in 1908 to preserve the treasures in the Gyeongbokgung , was retained under the Japanese administration but renamed Museum of the Yi Dynasty in 1938. The Governor-General instituted a law in 1933 in order to preserve Korea's most important historical artifacts. The system established by this law, retained as the present-day National Treasures of South Korea and National Treasures of North Korea ,

14365-489: The Korean government had been advised by the Japanese government "that hereafter the police matters of Seoul will be controlled by the Japanese gendarmerie" and "that a Japanese police inspector will be placed in each prefecture". A large number of Koreans organized themselves in education and reform movements, but Japanese dominance in Korea had become a reality. In June 1907, the Second Peace Conference

14534-583: The Korean government's demand for withdrawal, and then occupied it and started the Sino-Japanese War. Japan won the First Sino-Japanese War , and China signed the Treaty of Shimonoseki in 1895. Among its many stipulations, the treaty recognized "the full and complete independence and autonomy of Korea", thus ending Joseon's tributary relationship with Qing, leading to the proclamation of the full independence of Joseon in 1895. At

14703-416: The National Assembly" ( Korean : 국회 인사청문회 ) for all Constitutional Court Justices before appointment or nomination. However, this procedure has been interpreted as non-binding where the Constitution itself does not require the National Assembly's confirmation or consent for the nomination or appointment. Thus, the National Assembly cannot use the confirmation hearing process to block the nominations advanced by

14872-617: The President of the Court is chair of the Council of Constitutional Court Justices. Finally, by article 22 of the Constitutional Court Act, the President of the Court always becomes presiding member of the Full bench ( Korean : 전원재판부 ) composed of all nine Constitutional Court Justices. Article 112(1) of the Constitution and article 7 of the Constitutional Court Act provides the term of associate Justice as renewable six-year up to mandatory retirement age of 70. However, there's only two Justices who attempted to renew their term by reappointment, because renewing attempt can harm judicial independence of

15041-505: The President of the Court, since the Constitution and the Act never states about exact term of the President. Shortly, the President of the Court who was newly appointed simultaneously as both Justice and the President can have full six-year term as one of the Justice, while the President of the Court who was appointed during term as Justice can only serve as the President during remaining term as Justice. For more information, see President of

15210-417: The President or the Chief Justice of the Supreme Court, or the President's appointment of such nominees. The "Council of Constitutional Court Justices" ( Korean : 재판관회의 ) is established according to article 16(1) of the Constitutional Court Act. It is composed of all nine Justices (including the President of the Constitutional Court as permanent presiding chair), and can make decisions by simple majority among

15379-726: The Progressive Party ( Gaehwa-dang ), as well as the Conservative faction. While the former sought Japan's support, the latter sought China's support. On 4 December 1884, the Progressive Party, assisted by the Japanese, attempted the Gapsin Coup , in which they attempted to maintain Gojong but replace the government with a pro-Japanese one. They also wished to liberate Korea from Chinese suzerainty. However, this proved short-lived, as conservative Korean officials requested

15548-471: The Supreme Court and the Constitutional Court generally regard the power of the Constitutional Court as essentially a kind of judicial power. In order for a person to be appointed as a Constitutional Court Justice, Article 5(1) of the Constitutional Court Act requires that the person must be at least 40 years old, qualified as attorney at law, and have more than 15 years of career experience in legal practice or legal academia. While exact internal procedure for

15717-408: The Supreme Court justices involved in the decision were refused reappointment and forced into retirement. The Yushin Constitution (and the successive constitution of the fifth republic ) also re-established the Constitutional Committee, but required an ordinary court to submit a formal request for constitutional review before the committee could exercise its judicial power. Since the Supreme Court

15886-443: The United States . The legacy of Japanese colonization was hotly contested even just after its end, and is still extremely controversial. There is a significant range of opinions in both South Korea and Japan, and historical topics regularly cause diplomatic issues. Within South Korea, a particular focus is the role of the numerous ethnic Korean collaborators with Japan , who have been variously punished or left alone. This controversy

16055-422: The aggregated statistics as of 09 Feb 2021. According to Article 113(1) of the Constitution, the Constitutional Court is required to have at least six justices present in order to issue a ruling, but there is no contingency plan for in case the quorum is not met. Articles 6(4) and (5) of the Constitutional Court Act simply require that the vacancy be filled within 30 days, without any meaningful backup plan for when

16224-497: The altar. Having established economic and military dominance in Korea in October 1904, Japan reported that it had developed 25 reforms which it intended to introduce into Korea by gradual degrees. Among these was the intended acceptance by the Korean Financial Department of a Japanese Superintendent, the replacement of Korean Foreign Ministers and consuls by Japanese and the "union of military arms" in which

16393-534: The amount of land taken over by private Japanese companies. Many former Korean landowners, as well as agricultural workers, became tenant farmers , having lost their entitlements almost overnight because they could not pay for the land reclamation and irrigation improvements forced on them. Compounding the economic stresses imposed on the Korean peasantry, the authorities forced Korean peasants to do long days of compulsory labor to build irrigation works; Japanese imperial officials made peasants pay for these projects in

16562-413: The amount they took to eat dropped precipitously, causing much resentment among them. By 1910 an estimated 7 to 8% of all arable land in Korea had come under Japanese control. This ratio increased steadily; as of the years 1916, 1920, and 1932, the ratio of Japanese land ownership increased from 36.8 to 39.8 to 52.7%. The level of tenancy was similar to that of farmers in Japan itself; however, in Korea,

16731-527: The basis of written proof (deeds, titles, and similar documents). The system denied ownership to those who could not provide such written documentation; these turned out to be mostly high-class and impartial owners who had only traditional verbal cultivator-rights . Japanese landlords included both individuals and corporations (such as the Oriental Development Company ). Because of these developments, Japanese landownership soared, as did

16900-455: 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,

17069-522: The case, either party may request the court to refer the matter to the Constitutional Court for review. However, the court has discretion on whether to follow through with such a referral. If the court decides not to refer the matter, the aggrieved party can file a "constitutional complaint" directly with the Constitutional Court. The procedural hurdles involved in requesting adjudication on the constitutionality of statutes imply that only parties directly involved in an ongoing legal case are eligible to request

17238-413: The central government in Seoul may delegate certain government projects to local governments, which uses the labor and resources of the local government. Local governments may lodge a competence-dispute lawsuit with the Constitutional Court to challenge the constitutionality of the delegation, citing their lack of constitutional competence to undertake the delegated tasks. According to article 111(1), 5. of

17407-474: The committee's normal operation, and as a result, the committee was able to adjudicate only six cases, two of which ruled the statutes at issue unconstitutional. The 1952 constitutional amendment established a bicameral legislature but Syngman Rhee 's regime , until its demise, refused to enact the House of Councillors election law. As a result, the upper house, required for the Constitutional Committee to function,

17576-401: The complaint only if when other possible remedies are exhausted. Yet the Adjudication on Constitutional complaint is not accompanied with lawsuits on civil liability, since judgment on civil liability is role of ordinary courts. The Court only reviews whether the basic right of the plaintiff is infringed or not in this adjudication process. Detailed issues on calculation of damage and compensation

17745-401: The complaints under article 68(1) of the Act. It does not require any possible remedies to be exhausted already, but requires the plaintiff was dismissed of claim for judicial review from the ordinary court about on-going case of the plaintiff. It is notifiable that on-going case is not automatically sustained during Adjudication on Constitutional complaint by article 68(2) of the Act. Below are

17914-401: The constitutionality of statutes (or judicial review) denied by ordinary courts. It is usually called as ' Korean : 법령소원심판 ' in Korean, which means constitutional complaint especially on statutes. As this type of constitutional complaint is designed as detour for judicial review, the preliminary conditions required in Prior review for constitutional complaint under article 68(2) is different from

18083-614: The constitutionality of statutes, no superior court, including the Supreme Court of Korea , may intervene. This restriction on the powers of the Supreme Court was motivated by its historical passivity in confronting other branches of government during periods of authoritarian rule. However, this clause was abused by President Park Chung Hee under the Yushin Constitution . He refused to re-appoint Supreme Court justices who challenged his authority, effectively preventing

18252-405: The country. Enraged by the decision, in the following year, Park pushed through yet another constitutional amendment, establishing the Yushin Constitution , a notoriously oppressive document that gave the president sweeping executive and legislative powers. The Yushin Constitution had an article that expressly overturned the 1971 Supreme Court decision on the National Compensation Act. Furthermore,

18421-411: The deadline is not met, which exposes the Constitutional Court to potential political instability or gridlock, particularly between the President and the National Assembly. Although the Supreme Court of Korea similarly lacks contingency measures to address a potential vacancy, there is a key difference since the Constitutional Court needs a supermajority to issue a ruling, but the Supreme Court needs only

18590-420: The defiant Korean queen and intervened in the Donghak Peasant Revolution . After Japan defeated China in the 1894–1895 First Sino–Japanese War , Joseon became nominally independent and declared the short-lived Korean Empire . Japan then defeated Russia in the 1904–1905 Russo-Japanese War , making it the sole regional power. It then moved quickly to fully absorb Korea. It first made Korea a protectorate with

18759-445: The department. The Court usually holds open hearing session or session for verdict in 2nd and last Thursday of a month, and visitors with ID cards or passports may attend the session. However, unaccompanied tour on building is restricted for security of the Court. As South Korea has predominant civil law tradition, major sequence of review procedure in the Constitutional Court of Korea stipulated in Chapter 3 of Constitutional Court Act

18928-439: The entire country. Japan was in control of the media, law as well as government by physical power and regulations. In March 2010, 109 Korean intellectuals and 105 Japanese intellectuals met in the 100th anniversary of Japan–Korea Treaty of 1910 and they declared this annexation treaty null and void. They declared these statements in each of their capital cities (Seoul and Tōkyō) with a simultaneous press conference. They announced

19097-466: The far-right nationalist group Nippon Kaigi , of which Fumio Kishida and 57% of his cabinet are members, deny that they were forced to work at all, and claim that even the pubescent girls consented to sex work and were compensated reasonably. After the surrender of Japan at the end of the war, Korea was liberated, although it was immediately divided under the rule of the Soviet Union and of

19266-464: The first Governor-General of Chōsen . The treaty became effective the same day and was published one week later. The treaty stipulated: Both the protectorate and the annexation treaties were declared already void in the 1965 Treaty on Basic Relations between Japan and the Republic of Korea . This period is also known as Military Police Reign Era (1910–19) in which Police had the authority to rule

19435-399: 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

19604-528: The first opposition Democratic United Party in 2012. When the second opposition party is big enough to formally participate in the appointment process, it nominates the third Justice. Current Justice Lee Young-jin is example of Justice nominated from the National Assembly by the second opposition party; the Bareunmirae Party nominated him in 2018. Notably, Article 6(2) of the Constitutional Court Act states there should be "confirmation hearings of

19773-399: The form of heavy taxes, impoverishing many of them and causing even more of them lose their land. Although many other subsequent developments placed ever greater strain on Korea's peasants, Japan's rice shortage in 1918 was the greatest catalyst for hardship. During that shortage, Japan looked to Korea for increased rice cultivation; as Korean peasants started producing more for Japan, however,

19942-425: The help of Chinese forces stationed in Korea. The coup was put down by Chinese troops, and a Korean mob killed both Japanese officers and Japanese residents in retaliation. Some leaders of the Progressive Party, including Kim Ok-gyun , fled to Japan, while others were executed. For the next 10 years, Japanese expansion into the Korean economy was approximated only by the efforts of tsarist Russia . The outbreak of

20111-729: The historiography of this era. During the period of Japanese colonial rule, Korea was officially known as Chōsen ( 朝鮮 ) , although the former name continued to be used internationally. In South Korea, the period is usually described as the "Imperial Japanese compulsive occupation period" ( Korean :  일제강점기 ; Hanja :  日帝强占期 ; RR :  Ilje Gangjeomgi ). Other terms, although often considered obsolete, include "Japanese Imperial Period" ( 일제시대 ; 日帝時代 ; Ilje Sidae ), "The dark Japanese Imperial Period" ( 일제암흑기 ; 日帝暗黑期 ; Ilje Amheukgi ), and " Wae (Japanese) administration period" ( 왜정시대 ; 倭政時代 ; Wae-jeong Sidae ). In Japan,

20280-479: 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

20449-508: The infrastructure projects were designed to extract resources from the peninsula, and not to benefit its people. Most of Korea's infrastructure built during this time was destroyed during the 1950–1953 Korean War . These conditions led to the birth of the Korean independence movement , which acted both politically and militantly sometimes within the Japanese Empire, but mostly from outside of it. Koreans were also subjected to

20618-408: 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

20787-435: The lack of experts in Korean art at overseas museums and institutions, alterations made to artifacts that obscure their origin, and that moving Korean artifacts within what was previously internationally recognized Japanese territory was lawful at the time. The South Korean government has been continuing its efforts to repatriate Korean artifacts from museums and private collections overseas. The royal palace Gyeongbokgung

20956-571: The landowners were mostly Japanese, while the tenants were all Koreans. As often occurred in Japan itself, tenants had to pay over half their crop in rent. By the 1930s the growth of the urban economy and the exodus of farmers to the cities had gradually weakened the hold of the landlords. With the growth of the wartime economy throughout the Second World War , the government recognized landlordism as an impediment to increased agricultural productivity, and took steps to increase control over

21125-639: 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

21294-412: The last ruler of the Joseon dynasty, founded in 1392. On 24 July 1907, a treaty was signed under the leadership of Lee Wan-yong and Ito Hirobumi to transfer all rights of Korea to Japan . This led to a large-scale righteous army movement among Koreans, and disbanded troops joined the resistance forces. Japan's response to this was a scorched earth tactic using division-sized troops, which resulted in

21463-455: 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

21632-458: The law conforms to the Constitution while respecting the legislative intent and separation of powers. Impeachment adjudication ( Korean : 탄핵심판 ) is another prominent power of the Constitutional Court. According to Article 65(1) of the Constitution, if the President, Prime Minister, or other state council members violate the Constitution or other laws of official duty, the National Assembly can file an impeachment motion with at least one third of

21801-409: The members of the National Assembly. In order to pass, the motion must receive the support of a supermajority if it concerns the President, and a simple majority for any other office. Once the impeachment motion passes the National Assembly, the Constitutional Court adjudicates the impeachment, and until the Constitutional Court reaches a decision, the person against whom the impeachment motion was lodged

21970-506: The military efforts of World War II led to organized official recruitment of Koreans to work in mainland Japan, initially through civilian agents, and later directly, often involving elements of coercion. As the labor shortage increased, by 1942, the Japanese authorities extended the provisions of the National Mobilization Law to include the conscription of Korean workers for factories and mines in Korea, Manchukuo , and

22139-473: The military of Korea would be modeled after the Japanese military. These reforms were forestalled by the prosecution of the Russo-Japanese War from 8 February 1904, to 5 September 1905, which Japan won, thus eliminating Japan's last rival to influence in Korea. Frustrated by this, King Gojong invited Alice Roosevelt Longworth , who was on a tour of Asian countries with William Howard Taft , to

22308-511: The movement of armed resistance organizations in Korea to Manchuria. Amid this confusion, on 26 October 1909, Ahn Jung-geun , a former volunteer soldier, assassinated Ito Hirobumi in Harbin . Meanwhile, pro-Japanese populist groups such as the Iljinhoe helped Japan by being fascinated by Japan's pan-Asianism , thinking that Korea would have autonomy like Austria-Hungary . It was adopted as

22477-446: The nomination of Constitutional Court Justices is not stipulated by statutes, nomination of the three Justices from the National Assembly is usually determined by political negotiations between the ruling party in the Assembly and the first opposition party. The second opposition party also plays a role in this process when it has sufficient membership in the Assembly. When the second opposition party does not have sufficient membership in

22646-679: The north wing of the palace. The Heungseon Daewongun returned to the royal palace the same day. On 11 February 1896, Gojong and the crown prince fled for protection at the Russian legation in Seoul, from which he governed for about a year. In 1896, various Korean activists formed the Independence Club . They advocated a number of societal reforms, including democracy and a constitutional monarchy, and pushed for closer ties to Western countries in order to counterbalance Japanese influence. It went on to be influential in Korean politics for

22815-470: The ordinary courts from making any formal requests for constitutional review. This event laid bare the vulnerabilities of making constitutional review contingent upon a court's request. As a result, the 1987 tenth constitutional amendment introduced another avenue for an interested party to bypass the court and directly ask the Constitutional Court to intervene in constitutional review. This alternative route, called Constitutional Complaint ( Korean : 헌법소원심판 ),

22984-534: The party-dissolution provision. The Constitution of South Korea empowers the Constitutional Court to adjudicate competence disputes ( Korean : 권한쟁의심판 ), which is derived from the German ' Organs Dispute ' ( German : Organstreit ). Competence is legal jargon defined as the "legal authority to deal with a particular matter," and therefore, competence disputes are legal cases between state agencies ( Korean : 국가기관 ) or local governments ( Korean : 지방자치단체 ) asking

23153-463: 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 was called eonmun ('colloquial script') and quickly spread nationwide to increase literacy in Korea. The Korean alphabet was denounced by

23322-504: The preferential treatment given to newly trained troops, the Daewongun's forces, or "old military", killed a Japanese training cadre, and attacked the Japanese legation . Japanese diplomats, policemen, students, and some Min clan members were also killed during the incident. The Daewongun was briefly restored to power, only to be forcibly taken to China by Chinese troops dispatched to Seoul to prevent further disorder. In August 1882,

23491-675: The proclamation "Matter Concerning the Changing of Korean Names" ( 朝鮮人ノ姓名改称ニ関スル件 ) was issued, barring ethnic Koreans from taking Japanese names and retroactively reverting the names of Koreans who had already registered under Japanese names back to the original Korean ones. By 1939, however, this position was reversed and Japan's focus had shifted towards cultural assimilation of the Korean people; Imperial Decree 19 and 20 on Korean Civil Affairs ( Sōshi-kaimei ) went into effect, whereby ethnic Koreans were forced to surrender their traditional use of clan-based Korean family name system, in favor of

23660-541: The rural sector through the formation in Japan in 1943 of the Central Agricultural Association ( 中央農会 , chūō nōkai ) , a compulsory organization under the wartime command economy . The Japanese government had hoped emigration to its colonies would mitigate the population boom in the naichi (内地), but had largely failed to accomplish this by 1936. According to figures from 1934, Japanese in Chōsen numbered approximately 561,000 out of

23829-514: The same as the Chief Justice and the Associate Justices of the Supreme Court, respectively. Article 111 of the Constitution of the Republic of Korea stipulates the size of the Constitutional Court and the nomination and appointment procedure for its Justices. The Court is composed of nine Constitutional Court Justices ( Korean : 헌법재판소 재판관 ), and the President of South Korea formally appoints each Justice. However, Article 111(3) of

23998-579: The same time, Japan suppressed the peasant revolt with Korean government forces. The Japanese minister to Korea, Miura Gorō , orchestrated a plot against 43-year-old Queen Min (later given the title of " Empress Myeongseong "), and on 8 October 1895, she was assassinated by Japanese agents. In 2001, Russian reports on the assassination were found in the archives of the Foreign Ministry of the Russian Federation. The documents included

24167-669: 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

24336-447: The short time that it operated, to the chagrin of Gojong. Gojong eventually forcefully disbanded the organization in 1898. In October 1897, Gojong returned to the palace Deoksugung , and proclaimed the founding of the Korean Empire at the royal altar Hwangudan . This symbolicly asserted Korea's independence from China, especially as Gojong demolished a reception hall that was once used to entertain Chinese ambassadors in order to build

24505-635: The small town of Wanpaoshan in Manchuria near Changchun , "violent clashes" broke out between the local Chinese and Korean immigrants on 2 July 1931. The Chosun Ilbo , a major Korean newspaper, misreported that many Koreans had died in the clashes, sparking a Chinese exclusion movement in urban areas of the Korean Peninsula. The worst of the rioting occurred in Pyongyang on 5 July. Approximately 127 Chinese people were killed, 393 wounded, and

24674-524: The statute itself does not violate the Constitution but its particular application does. The Supreme Court publicly denounced the ruling, saying that it entails the unacceptable implication that the ordinary courts' decisions fall under the Constitutional Court's jurisdiction, which subjugates the Supreme Court to the Constitutional Court. The Constitutional Court of Korea is the seat of the Permanent Secretariat for Research and Development of

24843-455: The store?' Response 예/네. ye/ne AFF Korea under Japanese rule From 1910 to 1945, Korea was occupied by the Empire of Japan under the name Chōsen ( 朝鮮 ), the Japanese reading of " Joseon ". Japan first took Korea into its sphere of influence during the late 1800s. Both Korea ( Joseon ) and Japan had been under policies of isolationism , with Joseon being a tributary state of Qing China . However, in 1854, Japan

25012-414: The successful impeachment of Park Geun-hye of 2017. In the ruling on the impeachment of President Roh Moo-hyun, the Court declared that a 'grave ( Korean : 중대한 )' violation of the law is required for the impeachment of a President. However, in the impeachment case of President Park Geun-hye, the Constitutional Court held that a violation of the Constitution is sufficient cause for impeachment, even if there

25181-441: 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

25350-501: The term "Chōsen of the Japanese-Governed Period" ( 日本統治時代の朝鮮 , Nippon Tōchi-jidai no Chōsen ) has been used. On 27 February 1876, the Japan–Korea Treaty of 1876 was signed. It was designed to open up Korea to Japanese trade, and the rights granted to Japan under the treaty were similar to those granted Western powers in Japan following the visit of Commodore Perry in 1854. The treaty ended Korea's status as

25519-512: The testimony of King Gojong, several witnesses of the assassination, and Karl Ivanovich Weber 's report to Aleksey Lobanov-Rostovsky , the Foreign Minister of Russia, by Park Jonghyo. Weber was the chargé d'affaires at the Russian legation in Seoul at that time. According to a Russian eyewitness, Seredin-Sabatin, an employee of the king, a group of Japanese agents entered Gyeongbokgung , killed Queen Min, and desecrated her body in

25688-505: The time of the First Sino-Japanese War of 1894–1895, Japanese merchants started settling in towns and cities in Korea seeking economic opportunity. By 1908 the number of Japanese settlers in Korea was somewhere below the figure of 500,000, comprising one of the nikkei communities in the world at the time. Many Japanese settlers showed interest in acquiring agricultural land in Korea even before Japanese land-ownership

25857-627: The traditional state of Korean villages, serving as evidence that Korea was "backwards" and needed to be modernized. In 1925, the Japanese government established the Korean History Compilation Committee , and it was administered by the Governor-General and engaged in collecting Korean historical materials and compiling Korean history. According to the Doosan Encyclopedia , some mythology

26026-464: 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

26195-421: Was a range in what people experienced. Some Japanese politicians and scholars, including former Prime Minister Fumio Kishida , deny that Koreans were forced laborers, and instead claim that they were "requisitioned against their will" to work. Women and girls aged 12–17 were controversially forced into sexual slavery by Japan as " comfort women ". A number of modern Japanese scholars and politicians, notably from

26364-567: Was appointed for the commander of Japanese military police forces. Japanese finally replaced Imperial Korean police forces in June 1910, and they combined police forces and military police, firmly establishing the rule of military police. After the annexation, Akashi started to serve as the Chief of Police. These military police officers started to have great authority over Koreans. Not only Japanese but also Koreans served as police officers. In May 1910,

26533-487: 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 the fundamental disparities between the Korean and Chinese languages, and accessible only to those educated in classical Chinese. Most of

26702-510: Was forcefully opened by the United States . It then rapidly modernized under the Meiji Restoration , while Joseon continued to resist foreign attempts to open it up. Japan eventually succeeded in opening Joseon with the unequal Japan–Korea Treaty of 1876 . Afterwards, Japan embarked on a decades-long process of defeating its local rivals, securing alliances with Western powers, and asserting its influence in Korea. Japan assassinated

26871-527: Was held in The Hague . Emperor Gojong secretly sent three representatives to bring the problems of Korea to the world's attention. The three envoys, who questioned the legality of the protectorate convention, were refused access to the public debates by the international delegates. One of these representatives was missionary and historian Homer Hulbert . Out of despair, one of the Korean representatives, Yi Tjoune , committed suicide at The Hague. In response,

27040-458: Was incorporated. The committee supported the theory of a Japanese colony on the Korean Peninsula called Mimana , which, according to E. Taylor Atkins, is "among the most disputed issues in East Asian historiography." Japan executed the first modern archaeological excavations in Korea. The Japanese administration also relocated some artifacts; for instance, a stone monument (棕蟬縣神祠碑), which

27209-522: Was influenced by the Austrian judicial system . While Austria has three apex courts, whose jurisdiction is defined in different chapters of the Austrian constitution, the Constitution of South Korea only establishes two apex courts. Ordinary courts with the Supreme Court of Korea at the top is established by Article 101(2) under Chapter 5 'Courts' ( Korean : 법원 ), while the Constitutional Court of Korea

27378-482: Was intended to preserve Korean historical artifacts, including those not yet unearthed. Japan's 1871 Edict for the Preservation of Antiquities and Old Items could not be automatically applied to Korea due to Japanese law, which required an imperial ordinance to apply the edict in Korea. The 1933 law to protect Korean cultural heritages was based on the Japanese 1871 edict. Due to a waterway construction permit, in

27547-470: Was never formed, and the Constitutional Committee soon ground to a halt. After Rhee was overthrown in the April Revolution , the second republic was established through a constitutional amendment transitioning from a presidential to parliamentary system . As a part of the amendment, the Constitutional Court ( Korean : 헌법재판소 ) was established to replace the now-defunct Committee. According to

27716-539: Was obliged to become a Japanese protectorate by the Japan–Korea Treaty of 1905 and the "reforms" were enacted, including the reduction of the Korean Army from 20,000 to 1,000 men by disbanding all garrisons in the provinces, retaining only a single garrison in the precincts of Seoul. On 6 January 1905, Horace Allen, head of the American Legation in Seoul reported to his Secretary of State, John Hay, that

27885-434: Was officially legalized in 1906. Governor-General Terauchi Masatake facilitated settlement through land reform . The Korean land-ownership system featured absentee landlords, only partial owner-tenants and cultivators with traditional (but no legal proof of) ownership. By 1920, 90 percent of Korean land had proper ownership of Koreans. Terauchi's new Land Survey Bureau conducted cadastral surveys that established ownership on

28054-571: Was originally located in the Liaodong Peninsula , then under Japanese control , was taken out of its context and moved to Pyongyang . As of April 2020, 81,889 Korean cultural artifacts are in Japan. According to the Overseas Korean Cultural Heritage Foundation, not all the artifacts were moved illegally. Adding to the challenge of repatriating illegally exported Korean cultural properties is

28223-798: Was partially destroyed beginning in the 1910s, in order to make way for the Japanese General Government Building as well as the colonial Chōsen Industrial Exhibition . Hundreds of historic buildings in Deoksugung were also destroyed to make way for the Yi Royal Family Museum of Fine Art  [ ko ] . The displays in the museum reportedly intentionally contrasted traditional Korean art with examples of modern Japanese art, in order to portray Japan as progressive and legitimize Japanese rule. The National Palace Museum of Korea , originally built as

28392-405: Was used to describe the Constitutional Court, while 'beobwon ( Korean : 법원 ; Korean pronunciation: [pʌbwʌn] )' was used to represent the ordinary courts. The equal status of the Constitutional Court and the Supreme Court is guaranteed by Article 15 of the Constitutional Court Act, which states that the President and the Associate Justices of the Constitutional Court should be treated

28561-496: Was wary of retaliation as happened in 1971, it forbade courts from making such requests, rendering the Constitutional Committee powerless. The June Struggle in 1987 led to the 1987 constitutional amendment, which finally democratized Korea and ushered in the sixth republic, which continues to this day as of January 2023. The 1987 Constitution established the Constitutional Court of Korea as we know it and empowered

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