
Contents
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1. Introduction 1. Introduction
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2. Constitutional Developments, 1987–2023 2. Constitutional Developments, 1987–2023
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3. Major Decisions of the Korean Constitutional Court 3. Major Decisions of the Korean Constitutional Court
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3.1 Calibrating Power: Constitutionality Review, Impeachment, and Transitional Justice 3.1 Calibrating Power: Constitutionality Review, Impeachment, and Transitional Justice
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3.2 Supporting Deliberative Democracy: Fair Elections, Political Parties, and Free Expression 3.2 Supporting Deliberative Democracy: Fair Elections, Political Parties, and Free Expression
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3.3 Protecting Personal Liberty: Self-Determination, Privacy, Physical Freedom, and Criminal Due Process 3.3 Protecting Personal Liberty: Self-Determination, Privacy, Physical Freedom, and Criminal Due Process
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3.4 Enforcing Equal Protection Along Multiple Dimensions 3.4 Enforcing Equal Protection Along Multiple Dimensions
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4. The Road Ahead 4. The Road Ahead
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4.1 Reforming Executive Structure 4.1 Reforming Executive Structure
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4.2 Reforming Legislative Structure 4.2 Reforming Legislative Structure
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4.3 Expanding Constitutional Protection of Rights 4.3 Expanding Constitutional Protection of Rights
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5. Conclusion 5. Conclusion
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Notes Notes
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South Korea
Get accessProfessor of Public Law, Seoul National University School of Law
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Published:18 December 2023
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Abstract
This chapter examines South Korean constitutional law from the adoption of South Korea’s current constitution in 1987 to proposals for future reforms. It begins by introducing the constitutional revisions in 1987 that promoted democratization, clarified the relationship between government branches, advanced the protection of fundamental rights, and established the Constitutional Court (KCC). Next, the chapter focuses on the KCC. It charts major developments in key areas of the KCC’s jurisprudence. Finally, there have been vigorous debates about potentially revising the South Korea’s constitution in light of changes in South Korean society. The final section of this chapter explores these proposals.
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