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Development Overview

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Overview of Korea’s development experience

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Development Overview
Government and Law Laws and Legislation

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Laws and Legislation

Legal administration 3

Legal Administration 3
 
Fifth Republic
 
The Fourth Republic came to an end with the assassination of President Park Chunghee on January 26, 1979. The National Council for Unification first elected Choi Kyuha and then Chun Doohwan as President. The constitutional amendment of 1981 then led to the establishment of the new Presidential Electoral Commission, which officially elected Chun Doohwan as President and leader of the new Fifth Republic. With the Fifth Republic pursuing the naturalization of democracy, the realization of a welfare society, the establishment of a just society, and educational and cultural innovation as its four key policy pillars, the Ministry of Justice (MOJ) devised its own Five-Year Plan for the Advancement of Legal Services (1983 to 1987) as a framework for advancing legal services in the years to come.

During the period of the Fifth Republic, the MOJ reinforced its security apparatus and human resources, and enhanced prosecutor authority over security-related crimes and criminals. The Prosecution Bureau reorganized its divisions so that Division 4 would handle all security-related decisions and outcomes, while Division 3 would be responsible for investigations into public security crimes.

The enactment of the Social Protection Act in 1980 led to the creation of the Protection Bureau in 1981, which encompassed the protection, coordination, and review divisions.[1] The Juvenile Division of the Correction Bureau was then transferred to the Protection Bureau in 1984 to simplify and rationalize the tasks of juvenile protection.

The positions of the Deputy Director General for Correction and the Deputy Director General for Rehabilitation were newly created in 1983,[2] and the Security Guard Division was newly introduced in 1984 as part of the Correction Bureau. With the number of criminals considered a threat to national security on the rise, the MOJ sought to reinforce the management, correction, and rehabilitation of these criminals by dividing and expanding the Security Division into security divisions 1 and 2 in 1986. Other reforms included groundbreaking improvements made on correctional, rehabilitative, and penal systems; new and more proactive measures for promoting the social rehabilitation of criminals; reinforcement of correctional facilities and their security; the appointment of 10,000 social leaders as rehabilitation officers; and the expansion of rehabilitative and protective facilities.

Subunits were reorganized, merged, and expanded in 1983 to facilitate the tasks of the Office of Legal Affairs pertaining to litigation, statutory advice, rights interpretation, and investigation. The position of Litigation Officer and the Investigation Division were abolished, while the Deputy Director General of Legal Counsel was newly appointed to assist the head of the Office of Legal Affairs.

[Figure 1-1] Changes in the Organization of the Ministry of JusticeChanges in the Organization of the Ministry of Justice
 
[1] The Protection Division handled matters pertaining to the execution and monitoring of protective and/or rehabilitative measures, research into relevant statutes, and budget preparations for protection and rehabilitation, as well as requests to prosecutors for the detention of criminals. The Coordination Division oversaw the identification of subjects of ex-officio examinations, receipt of examination applications and documents, and collection of data and records for examination. The Review Division managed matters pertaining to the formation and operation of the Social Protection Committee as well as the execution of probationary measures. In December 1984, the Coordination Division was renamed as the Investigation Division, while the Examination Division was renamed as the Observation Division.
[2] The Deputy Director General for Correction oversaw matters related to corrective measures administration and criminal incarceration, while the Deputy Director General for Rehabilitation assisted the head of the Correction Bureau with respect to the education and rehabilitation of inmates. These two positions were filled with existing MOJ employees.

Source: Korea International Cooperation Agency. 2004. Study on Development Aid and Cooperation for South Korea: Size, Scope and Exemplary Effects. Seoul.