South Korea 's Legal Tradition

The colonial systems seen in both Korea and the Philippines in the early 20th century share similarities that are typical of colonial states. However, the differences in how Japan and the United States, respectively, ruled over them are stark. Government, religion, education, and nationalism all played important roles in both systems, but how those roles affected the nation as a whole differ in comparison. In this essay I will compare the two systems of colonization and examine the similarities and differences in the approaches taken by the colonizers in their method of controlling both Japan and Korea.

The United States of America gained its independence from Great Britain and was founded on July 4th 1776. Likewise modern day Republic of Korea, more commonly referred to as South Korea, separated from the north and became an independent nation on July 27th 1953. South Korea and the United States both fought for freedom and defeated their aggressors. The two counties differ in many ways which include, cultural and spiritual differences, as well as variances in the types of food consumed in both countries. While the differences between the two countries can be obvious at times, there are many similarities that stand out as well. Much of the culture in South Korea is preserved from its long history, however these two countries share striking resemblances. During the Korean War from 1950 to 1953, the United States

North Korea is the subject of one supreme leader, Kim Jong-un. The executive branch involves the head of government, Premier PAK Pong Ju and vice premiers, and the cabinet- also known as ‘Naegak’ - both are elected by the Supreme People’s Assembly (SPA) (CIA World Fact Book). The SPA is North Korea's “rubber-stamp legislature”, with 687 delegates (Inside North Korea's Supreme People's Assembly, 2015 ), they come under the legislative branch and are also known as ‘Ch'oego Inmin Hoeui.’ The Judicial branch is headed by The Supreme Court, here the judges are chosen by the SPA. Despite this three-way division of power, balance and checks have no meaning in North Korea - “a country characterised by a one-party dictatorship” (Understanding North Korea, 2012). The North Korean legal system involves a “civil law system based on the Prussian model”, inspired by Communist legal theory. (CIA World Fact Book)

During this essay, the significant characteristics of Australia will be compared and contrasted amongst the anomalous North Korean political system. The evolution of both countries will be thoroughly discussed, stating the unorthodox punishments and constitutions. The Australian democracy and constitution has many differentiations to the North Korean dictatorship and therefore will be highlighted in this essay.

After Japan’s victory against Russia, they annexed Korea and installed a “puppet leader” to rule the country with the Japanese’ influence. By 1926, Japan had complete control of Korea. After World War II, the defeat of the Japanese Empire led to the relinquishing of its colonies. One of those colonies was the nation of Korea. A deal between two of the victorious Allied

After the Japanese invasion, Korea had been swept into turmoil, which lead to the division of the country into two separate states. In the North the Democratic People's Republic of Korea, (D.P.R.K.) and in the South the Republic of Korea, (R.O.K.). The United States presence in South Korea would remain until an independent and unified Korean government was established successfully in the country. Following the impact of the Korean War, South Korea has undergone significant reform, which has aided in many changes in the cultural, economic, and political growth in the country.

The Democratic People’s Republic of Korea, better known as North Korea, is a country in east Asia. North Korea officially describes itself as a socialist state, but it is widely recognized as a dictatorship. Kim ll-sung is the first supreme leader of North Korea, and the grandfather of the current leader, Kim Jong Un. Under the regime of the Kims, North Korea isolated itself away from the rest of the world. It is a perfect archetype of a “closed society”. Since the beginning of the rule of the Kims, the condition in North Korea have worsened, where citizens have little to no civil rights.

Korea a land of mystery due to its isolation. Though it has been an isolated country and is slowly opening up to the world. Though isolation has shrouded much of Korea and what goes on, what is known was that it’s history impacting Korea such as the Korean War has ultimately lead it into a divided peninsula. Korea has divided itself into north and south. Though North and South Korea are so close to each other and once one in the same, history has forged several differences from the two countries over the years of its existence. The conflict of Korea has resulted in them both being in an uneasy peace watching the borderline between the two.

Korea was the Empire of Japan in 1910. In World War II, after the Japanese surrendered, the Unites States and the Soviet Union decided to break Korea into two countries. They are now known as North and South Korea. The North was occupied by the Soviet Union, and the South was occupied by the United States. North Korea, Democratic Peoples Republic Government, has a population of around 23 million people, who’s under control by one man, Kin-Jun-Un. Kin-Jun-Un, a dictator that has absolute power over his country, has guided his country to unfair treatment, violent actions, and a lot of conflicts with the Unites States.

North Korea does not have a modern judicial system and do not have religious freedom. North Korea had a civil war and had to split it state into different parts along the 38th parallel. The reason why they had a civil war was because the North Korean forced the South Korean’s people to fight in North Korea wars; the Kim dynasty rules over North Korea with absolute power, and despotic. The modern genocidal conflict in North Korea is similar to the Holocaust because it employs dehumanization, extermination, and denial.

Source 1: “The Park Chung Hee Era, The Transformation of South Korea” edited by Byung-Kook Kim and Ezra Vogel , illustrates how President Park’s presidency marks one of the most important periods leading up to, arguably some of the most important changes in modern Korean History. This book contends that almost all areas of society were driven by the decision making of Park Chung Hee alone, therefore rejecting western theories and concepts such as that of the Weberian Developmental State. Furthermore, this book asserts that the United States’ role and influence over the policies of President Park should not be overemphasized, which again provides a significantly different perspective to what many European historians would argue to be the most

Under Yi Sŏng-Gye’s son King Sejong, considered Korea’s greatest ruler, inventions like the rain gauge, the use of a movable type, and the birth of Korean alphabet called Hangeul, still in use today, surfaced. (Piddock, 27-28) They ruled the entire peninsula for 500 years. Then Korea was annexed by neighbors Japan in 1910. Korea continued to be under Japan until 1945 when it was liberated at the end of World War II. (“North Korea”, Culturegrams) “With the defeat of Japan in 1945, the Allies agreed to divide the Korean Peninsula between the Soviet Union and the United States at the thirty-eighth parallel as a temporary measure.” (Piddock, 30) The Soviet Union received the Northern part of Korea, and the United States the South. “.. Soviet forces closed off northern Korea at the thirty-eighth parallel and placed Korean communists in power there.” Evidently, North Korea was bound to turn communist.

Understanding how North Korea as a country defines itself in a changing world. Where do they derive their customs and practices, political standings and military power? Define North Korea’s history leading into the modern age and define its culture and characteristics and how they interact with the world today. Understanding a subject as broad as the term culture begins where the culture began with the birth of civilization and the people that influenced it. There are many factors that play a role in the shaping of a nation none so much as turmoil and conflict and the Korean peninsula saw its fair share for the better part of a millennia. A complete statistical breakdown of North Korea shows a struggling nation that strongly depends on

South Korea appears in the first quadrant of Figure 2.2 in which states that the country has a culture with relatively larger power distance and lower individualism. South Korea has a relatively large power distance due to the country’s strong emphasis in respecting for one’s elders and superiors. This cultural belief is deeply

Manners represent an individual by the way they dress, behave, communicate, and their etiquette, while customs refer to the traditional way that a culture is practice individually, or by a group of people. Workers are expected to bow to their seniors when they greet them, and to use only formal language to their seniors, as it is rude to speak informally to someone of higher rank. In Korean businesses, meetings are often held in evenings at a restaurant or bar. Drinking is part of the Korean culture, as Koreans believe that drinking helps to bond colleagues in the company, and an offered drink must never be refused as it is considered to be rude. Along with drinking, Karaoke is a popular activity after meetings. People who attend the meeting are usually expected to sing a solo song.