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3 - Jurisprudential Evolution, 1962–1972

Published online by Cambridge University Press:  23 July 2019

Marie Seong-Hak Kim
Affiliation:
St Cloud State University, Minnesota
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Summary

This chapter examines jurisprudential evolution during the Third Republic under President Park Chung Hee, from 1962 to 1972. The record of the Supreme Court during this period shows that strong deference to the legislature and the executive branch prevailed in constitutional interpretation. Political questions were largely shielded from judicial interference. National security issues continued to play an important role, as seen in the Minbiyon and the Tongbaengnim (East Berlin) cases in the late 1960s. The State Tort Claims Act case of 1971 marked the first and the only time before 1987 that the Supreme Court declared the unconstitutionality of a statute on substantive grounds and refused to enforce it. After this monumental decision, the Court returned to its traditional position of refraining from rendering a constitutional ruling on sensitive political matters. The judicial strike in 1971 reveals the uneasy relationship between judges and prosecutors.

Type
Chapter
Information
Constitutional Transition and the Travail of Judges
The Courts of South Korea
, pp. 57 - 107
Publisher: Cambridge University Press
Print publication year: 2019

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