Civil Code Of South Korea
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Civil Code Of South Korea
The Civil Code of the Republic of Korea (South Korea) was passed in 1958 as Law No. 471 and is known in South Korea as one of the three fundamental laws, the other two being Criminal law and constitution. It is made up of five parts, Part I (general provisions), Part II (real rights), Part III (claims), Part IV (relatives), and Part V (inheritance). History The South Korean Civil Code is the largest code among South Korean law. During the period of Japanese rule (1910-1945), Japanese civil code was used, but family law and succession law partially followed Korean customary rules. After the establishment of the South Korean government, the Committee of Law Compilation (법률편찬위원회) proceed to legislate civil code and other codes in 1948 and completed in 1953. The South Korean government supplied the draft to the legislature in 1954, which then passed the civil code into law in 1957 after some amendments, mostly relating to the family law. After it was enacted, the South ...
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South Korea
South Korea, officially the Republic of Korea (ROK), is a country in East Asia. It constitutes the southern half of the Korea, Korean Peninsula and borders North Korea along the Korean Demilitarized Zone, with the Yellow Sea to the west and the Sea of Japan to the east. Like North Korea, South Korea claims to be the sole legitimate government of the entire peninsula and List of islands of South Korea, adjacent islands. It has Demographics of South Korea, a population of about 52 million, of which half live in the Seoul Metropolitan Area, the List of largest cities, ninth most populous metropolitan area in the world; other major cities include Busan, Daegu, and Incheon. The Korean Peninsula was inhabited as early as the Lower Paleolithic period. Gojoseon, Its first kingdom was noted in Chinese records in the early seventh century BC. From the mid first century BC, various Polity, polities consolidated into the rival Three Kingdoms of Korea, kingdoms of Goguryeo, Baekje, and Sil ...
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Constitution Of The Republic Of Korea
The Constitution of the Republic of Korea () is the supreme law of South Korea. It was promulgated on July 17, 1948, and last revised on October 29, 1987. Background The Provisional Charter of Korea The preamble of the Constitution of South Korea states that the document was established in the spirit of "upholding the cause of the Provisional Republic of Korea Government", the Korean government exiled after the imposition of Japanese colonial rule of Korea. As such, the founding document of the provisional government—The Provisional Charter of Korea—serves as the basis for the current constitution. Promulgated in 1919, the charter first gave the country the "Republic of Korea" name and laid out the ideas forming the backbone of later South Korean constitutions. These ten articles are: # The Republic of Korea is a democratic republic. # The Provisional Government governs the Republic of Korea under resolutions of the Provisional Assembly. # All citizens of the Republi ...
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Korea Under Japanese Rule
From 1910 to 1945, Korea was ruled by the Empire of Japan under the name Chōsen (), the Japanese reading of "Joseon". Japan first took Korea into its sphere of influence during the late 1800s. Both Korea (Joseon) and Japan had been under policies of isolationism, with Joseon being a Tributary system of China, tributary state of Qing China. However, in 1854, Perry Expedition, Japan was forcibly opened by the United States. It then rapidly modernized under the Meiji Restoration, while Joseon continued to resist foreign attempts to open it up. Japan eventually succeeded in opening Joseon with the unequal Japan–Korea Treaty of 1876. Afterwards, Japan embarked on a decades-long process of defeating its local rivals, securing alliances with Western powers, and asserting its influence in Korea. Japan Assassination of Empress Myeongseong, assassinated the defiant Korean queen and intervened in the Donghak Peasant Revolution.Donald Keene, ''Emperor of Japan: Meiji and his World, 1852 ...
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Hoju
''Hoju'' () or ''hojuje'' () is a family register system formerly employed in Korea. The register itself is referred to as the ''hojeok'' (). The system remained in effect in North Korea until approximately 1955 and in South Korea until 2008. It was similar to other family registries used in East Asia, such as the Chinese hukou and the Japanese koseki. Although the ''hoju'' system with its specific focus on registering families under a head of household is no longer in use, both North and South Korea continue to maintain family registers. The first iteration of the ''hoju'' system was the system of the late Korean Empire, adopted in 1909. ''Hojeok'' came into use under Japanese rule in 1922. This system remained in force in South Korea until 1960, when it was replaced by the country's own ''Hojeok'' Act. The limited information on North Korean family registration law indicates that North Korea likely abolished this system in 1955 under the Regulation on Citizen Identity Regis ...
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Law Of South Korea
The legal system of South Korea is a Civil law (legal system), civil law system that has its basis in the Constitution of the Republic of Korea. The Court Organization Act, which was passed into law on 26 September 1949, officially created a three-tiered, independent judicial system. The revised Constitution of 1987 codified judicial independence in Article 103, which states that, "Judges rule independently according to their conscience and in conformity with the Constitution and the law." The 1987 rewrite also established the Constitutional Court of Korea, Constitutional Court, the first time that South Korea had an active body for constitutional review. The Korean judicial system is based on a continental style inquisitorial system, which is markedly different from the Common Law adversarial system. Like Chinese prosecutors and Japanese prosecutors also, Korean prosecutors directly or indirectly conduct criminal investigations. Another departure from the British/American syste ...
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