Legal Codes of Historic Korea
Discusses historic laws and justice in Korea.
Location: North Korea; South Korea
Early Korean Law
For most of Korea's early history, its dynasties followed the legal standards of China. The Three Kingdoms adapted the codes of the Qin, Wei, and Tang dynasties. The Tang, Sun, and Yuan influenced the Goryeo. As a general rule, societies through the Goryeo period were monarchies influenced by Buddhist, Taoist, Legalist, and Confucian philosophy.
Laws and Justice of the Joseon Dynasty
The Joseon dynasty began in the 14th century with Neo-Confucian Ming law as its foundation. This was codified in the Konggyuk Taejon, a legal text that served as the basis of Korean administration. Over time, Korean officials modified the code to conform to their own needs.[1]
Instead of a specific legal class, cases were handled by court officials, based on their severity. Murder trials went to provincial governors. County magistrates handled smaller disputes. The punishment for a typical crime was a beating, also the duty of magistrates. Both accused and accuser could be tortured to verify their story. In most cases, peasants avoided the legal system altogether and resolved issues among themselves.
Joseon society took pains to enforce its strict, Confucian class system. Almost all power rested in the hands of the yangban, who could enforce laws against the lower classes with little oversight. Women also suffered under the law. A beaten wife could only charge her husband if he broke her bones. If she could not offer proof, she was punished instead. Similarly, women received harsher punishments than men for crimes such as murder.[2]
Law Under Japanese Occupation
By the end of the 19th century, Korea had already experimented with Western legal reforms. Its legal system underwent more radical changes in 1910, when the failing Joseon line gave way to Imperial Japan. Japan annexed the nation and quickly set to work erasing Korean culture. Instead of their own legal tradition, Koreans were expected to follow the Westernized law of the Japanese. They had no guaranteed rights and no legal recourse.[1] Not all of the old codes were lost. Laws related to inheritance and family structure were often left untouched by the Japanese.
Modern Legal Systems of North and South Korea
After Korea regained its independence, the nation split into two warring countries. North Korea developed into a totalitarian state. Its early legal system, based on Stalinist Soviet law, was replaced in 1972 by Juche, a nationalist ethic. Citizens have few rights and may be sent to harsh labor camps without appeal.[3]
For decades after its birth, South Korea wobbled between democracy and dictatorship. The current form of government emerged in 1987, known as the Sixth Republic. Elements of its legal code were taken from those of Europe and the United States and adapted to Korean society. Today, South Korea continues to refine its legal system. In 2008, for example, its courts adopted jury systems. The Republic's Constitution has weathered several recent storms, most notably the recent impeachment of President Park Geun-hye.[4]
Bibliography
South Korea Diplomatic Handbook (Washington, DC: International Business Publ., 2010), 120-130.
Michael J. Seth, A History of Korea: From Antiquity to the Present (Lanham: Rowman & Littlefield, 2011), 182-184.
Patricia Goedde, "Overview of the North Korean Legal System and Legal Research," Hauser Global Law School Program, New York University School of Law, accessed May 18, 2017.
Hyeon-Cheol Kim and Inyoung Cho, South Korean Law Research on the Internet, Hauser Global Law School Program, New York University School of Law, accessed May 18, 2017.
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