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Korean Constitutional Court and due process clause

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  • Korean Constitutional Court and due process clause
  • Lim, Jibong
  • Seoul National University(BK 21 Law)


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Title Korean Constitutional Court and due process clause
Similar Titles
Material Type Articles
Author(English)

Lim, Jibong

Publisher

[Seoul]:Seoul National University(BK 21 Law)

Date 2006
Journal Title; Vol./Issue Journal of Korean Law:vol. 6(no. 1)
Pages 17
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Subject Government and Law < Laws and Legislation
Holding Seoul National University

Abstract

The principle of ‘due process’ was invented and developed by the countries in Anglo-saxon legal circle. It produced ‘procedural justice,’ and prevents us from falling into a pitfall that arrogance of the lawyers in Roman Civil law countries could easily fall into thinking ‘Justice lies in the codes and lawyers perfectly know about it.’ The fact that Korean Constitution in 1987 adopted due process clause implies in a sense that we reflected the dark history of misuse and overuse of law and suppression of human rights in the name of ‘law’ under military regimes(1962-1987) until then. That is the reason why the due process clause in Korean Constitution is one of the most crucial constitutional provisions in terms of human rights protection whose importance cannot be overemphasized. (The rest omitted)