Rule of Law in Korea

Abstract

Defining the concept of Rule of Law is not easy because it has many meanings. But, in general, we could briefly define it as the exercise of the judicial, administrative and legislative power based on the law and constitution. Especially, after the Second World War, many countries in the world has emphasized as an important factor of Rule of Law that the 'Law' itself in Rule of Law should conform to the Constitution. In Chosun dynasty in Korea, the ruling of King should be based on the law, Kyong-kuk-dai-jeon, and that could be an early example of Rule of Law in Korea. But, we could say that the Rule of Law in its real meaning has started since the establishment of Republic of Korea in 1948. This paper aims at revealing the current situation of the Rule of Law in Korea by examining the Rule of Law by Korean Constitutional Court and the Executive focusing on its problems. For that, it will examine the historical background of the birth of Korean Constitutional Court, its composition and the competence, and the role of Korean Constitutional Court as a leader of Rule of Law in Korea. Concerned with the Executive, this paper will examine the problems in Rule of Law by focusing on the case on the illegal surveillance on a citizen by the Prime Minister's Office. Finally, it will suggest a reform measure to solve the problems for the advancement of Rule of Law in Korea in the future.