This document discusses Korean law and history. It provides background that Korean law was historically influenced by Confucian principles and the family system was patriarchal. It then summarizes that the Korean constitution established after Japanese colonization aimed for a unified, independent country and equal treatment of citizens. The document also notes some key court cases related to family law and customs changing from the traditional patriarchal system.

1. Korean
Law

3. Source: A cartograghic guide to Starbucks' global domination (http://qz.com/208457)

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7. demographic pyramid as on 1955-09-01

8. demographic pyramid as on 2005-11-01demographic pyramid as on 1955-09-01

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13. China Russia
Japan U.S.A.

14. ●Common law countires: USA, Canada, Britain, Australia, India, South Africa
●Civil law countries: Germany, France, Switzerland, Austria, Russia, China, Japan, Korea

15. China Russia
Japan U.S.A.

18. History
&
Law

19. (918∼1392)
Song (960-1279)
Yuan (1260-1368)
Japan

20. Ming (1368-1644)
Qing (1644-1911)
Japan
(1392-1910)

21. Ren(仁, benevolence), Yi(義, justice), Lǐ(禮, proper rite), Zhì(智,
wisdom), Xìn(信, integrity). Zhōng (忠, loyalty); Xiào (孝, filial piety);
Jié (節, continency); Yì (義, righteousness).

22. Confucian Society
Family head Family name
Inheritance
Male head
Family name?
Inheritance
Equlity
Wife’s family
Economic developments
Demands for sexual equality
Small families, divorces…..

23. • Article 11(1) All citizens shall be equal before the law,
and there shall be no discrimination in political,
economic, social or cultural life on account of sex,
religion or social status.
• Article 36(1) Marriage and family life shall be entered
into and sustained on the basis of individual dignity
and equality of the sexes, and the State shall do
everything in its power to achieve that goal.
• Q: What happens to the Family Registration Act?
• Q: How does a wife have her family name changed
after marriage in the US?

24. • 宗中 [JongJoong]: A traditional
patriarch clan organisation
• To perform ancestral rituals for the
common ancestor as well as to
strengthening the bonds among
members of the same clan.
• Custom or Implicit Contract
excluding women
• Supreme Court Decision
2002Da1178 held on 21 July 2005;
Supreme Court Decision
2007Da27670 held on 20
November 2008.

25. China: One China policy
since 1949
One Korea under
the Constitution
Korea:
Article 3 The territory of the Republic of Korea shall consist of the
Korean peninsula and its adjacent islands.
Article 4 The Republic of Korea seeks unification and formulates
and carries out a policy of peaceful unification.

26. Japan
China:
Seoul
US Army
One China policy
since 1949
One Korea under
Constitution
Korea:

27. Japan
Seoul
Sejong

28. KCCR 2004Hun-Ma554, 566(consolidated) all held on October 21, 2004.
• The capital: as the location of
Constitutional institutions that perform
pivotal functions of politics and
administration
• Constitutional issue to be decided by
citizens
• Continuous practice + national
consensus = Constitutional Custom