Because Japan occupied Korea from 1910 to 1945, the Korean legal system resembles the Japanese system. After after the occupation however, there were attempts to adopt many aspects of the American legal system. It must be remembered that the first civilian government commenced only in 1993, and thereafter, increasingly more democratic reforms have taken place.
Constitution: Adopted on July 17, 1948 after emancipation from Japan. Korea has three (3) governmental branches: legislative, executive and judicial.
Legal system: Based on Civil (codified) Law, while court precedents are not granted official status as law. However, in practice the decisions of the Supreme Court of Korea have strong precedent value. International treaties in which Korea is a party have essentially the same impact as Korean domestic statutes. There are statutes or Acts, which are legislations enacted by the National Assembly. When a law is passed by the National Assembly and sent to the Executive Branch, the government promulgates it, upon approval of the President, by printing the text in the Official Gazette of the Government. A serial number is assigned to each Act in the order of printing it in the Gazette. For example, the Civil Code, Law No. 471 of May 22, 1958, as last amended by Law No. 4199 of Jan. 13, 1990. Below statutes, there are "Presidential Enforcement Decrees", which are subordinate legislations made by the Cabinet or the State Council composed of the ministers to implement an Act. Below those are "Regulations" or "Rules", which are regulations written by each Ministry to implement practical details, such as how to fill out certain forms, in accordance with a law and a presidential decree thereunder. For example, for "The Foreign Investment Promotion Act", there is "The Enforcement Decree of the Foreign Investment Promotion Act" and then "The Enforcement Regulation of the Foreign Investment Promotion Act".
The Six basic codes in Korea are: the Constitution, the Civil Code, the Commercial Code, the Code of Civil Procedure, the Criminal Code and the Code of Criminal Procedure. Other forms of written law are: 1) the statutes passed by the National Assembly; 2) the Presidential (or Enforcement) Decrees; and 3) Ministerial Ordinances which supplement general statutes with details concerning implementation; 4) the directives, notices, and rules promulgated by the Government Ministries or Offices which are technically not law, but in fact regulate activities of the public servants to whom they are issued; 5) the rules made by the National Assembly and governing their respective operations, pursuant to Article 64(1) of the Constitution; 6) the rules made by the Supreme Court in its administration of the entire Korean court system pursuant to Article 108 of the Constitution; and 7) the treaties, under Article 6(1) of the Constititution.
1) Constitution
First promulgated on July 17, 1948 and frequently amended thereafter, indicating the past, turbulent political history of Korea.
2) The Civil Code
The Civil Code is divided into five books covering the following topics of law: the general part, real property rights, obligations, family law and succession.
3) The Commercial Code
Was promulgated to meet the needs of new, socio-economic constraints, particularly in the field of economic regulations. Contains laws regarding corporations and partnerships.
4) The Code of Civil Procedure
Divided into seven books
5) The Criminal Code
Enacted in 1953 and divided into two Books. Book One sets out rules of general nature, which apply to all crimes. Book Two deals with individual crimes.
6) The Code of Criminal Procedure
Promulgated on September 23, 1954 and is divided into five Books.
Court System: Supreme Court, high courts, district courts, family courts, patent courts and administrative courts.
Supreme Court: consists of a Chief Justice and 13 Associate Justices who are appointed by the President for 6-year terms. Only the Chief Justice cannot be re-appointed. Appeals from decision by second level of district courts or appeals from decision of High Courts are heard by the Supreme Court.
Appeals from decisions by single judge of district courts fall under jurisdiction of collegial department of district court paneled by three judges. Appeals from decisions by first level of collegial department of district courts are heard by three judges of the High Courts. High Courts function as court of first appellate court as well as those cases designated by law.
District courts hear both criminal and civil cases, and there is no right to jury in any Korean court. District courts are primarily courts of general original jurisdiction.
The highest court is the Supreme Court, and immediately under the Supreme Court are the High Courts, which act as intermediate appellate courts. Below the High Courts are the District Courts which are the courts of general original jurisdiction.