The Backward Reform of the Criminal Justice System in Korea

다국어 초록 (Multilingual Abstract)

Since the restoration of independence in 1945, Korea has witnessed enormous changes in many ways. The criminal justice system is one of them. Although there have been some fluctuations, the system has generally evolved from the crime control model to the due process model and from authoritarian policing to democratic policing. Recently, a new legislation has been enacted under the banner of prosecution reform. It was the current government who took the initiative of the legislation. The reform was made in the name of serving the people. The legislation went through formalities of statutory process. Seemingly it appears to be democratic. However, the reform constructed a criminal justice system that is possibly favorable to political power rather than ordinary people including political opponents. Contrary to what was alleged by the government, there is a high risk that the reform leads to a weird type of policing, socialistic stealth authoritarian policing.

참고문헌 (Reference)

1 Phillipe C. Schmitter, "What Democracy Is … and Is Not" 2 (2): 75-88, 1991

2 Marlies Glasius, "What Authoritarianism Is…and Is Not: A Practice Perspective" 94 (94): 515-, 2018

3 "United States v. Garsson, 291 F. 646, 649 (S.D.N.Y. 1923)"

4 Herbert L. Packer, "Two Models of the Criminal Process" 113 : 1-, 1964

5 Larry Jay Diamond, "Thinking about Hybrid Regimes" 13 (13): 21-, 2002

6 Daniel Goh, "The Rise of Neo-Authoritarianism: Political Economy and Culture in the Trajectory of Singaporean Capitalism" Ctr. for Rsch. on Soc. Org 2002

7 Rachel A. Harmon, "The Problem of Policing" 110 : 761-, 2012

8 Milan W. Svolik, "The Politics of Authoritarian Rule" 2-, 2012

9 Herbert L. Packer, "The Limits of the Criminal Sanction" 158-, 1968

10 Mark P. Petracca, "The Concept of Chinese Neo-Authoritarianism: An Exploration and Democratic Critique" 30 (30): 1099-1017, 1990

11 "Supreme Court [S. Ct.], 93Do958, Mar. 11, 1994"

12 "Supreme Court [S. Ct.], 93Da35155, Nov. 23, 1993"

13 "Supreme Court [S. Ct.], 91Do453, May 10, 1991"

14 "Supreme Court [S. Ct.], 85Mo16, July 29, 1985"

15 "Supreme Court [S. Ct.], 2007Do3061, Nov. 15, 2007"

16 "Supreme Court [S. Ct.], 2007Do3061, Nov. 15, 2007"

17 Ozan O. Varol, "Stealth Authoritarianism" 100 : 1673-, 2015

18 Scott Barclay, "Rule by Law: The Politics of Courts in Authoritarian Regimes by Ginsburg & Moustafa" 43 : 241-, 2009

19 Sang Won Lee, "RELATIONSHIP BETWEEN THE LEGISLATION AND THE JUDICIARY" 169-, 2018

20 Sang Won Lee, "Law’s Dilemmas" 139-, 2020

21 "Joseon hyeongsa ryeong[Chosun Criminal Decree]"

22 "Hyeongsa sosong beopui gaejeong [Amendment to the Criminal Procedure Law]"

23 "Hyeongsa sosong beopui bochung gyujeong [Supplement to the Criminal Procedure Law]"

24 "Hyeongsa sosong beop [Criminal Procedure Act]"

25 Kent Roach, "Four Models of the Criminal Process" 89 : 671-, 1999

26 Dawn Brancati, "Democratic Authoritarianism: Origins and Effects" 17 : 313-, 2014

27 Stephen Rushin, "De-policing" 102 : 721-, 2017

28 "Constitutional Court [Const. Ct.], 2003Hun-Ka7, May 26, 2005, (2005 DKCC, 64)"

29 "Constitutional Court [Const. Ct.], 2000Hun-Ma138, Sept. 23, 2004 (2004 DKCC, 75)"

30 Joseph Schu mpeter, "Capitalism, Socialism, and Democracy" 269-, 1947

31 Leah Gilbert, "Beyond Authoritarianism: The Conceptualization of Hybrid Regimes" 46 : 270-, 2011

32 Tim Kelsall, "Authoritarianism, Democracy and Development(DLP, The State of the Art Series)" 15-, 2004

33 Lily Rahim, "Authoritarian Rule of Law: Legislation, Discourse and Legitimacy in Singapore by Jothie Rajah" 47 : 697-, 2013

34 Axel Hadenius, "Authoritarian Regimes: Stability, Change, and Pathways to Democracy, 1972-2003" 2006

35 Magnus Bjørndal, "Authoritarian Regime Type, Oil Rents and Democratic Transition" 5-6, 2015