The Modern Of Modern Judicial System Essay

The Modern Of Modern Judicial System Essay

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The modern judicial system was first introduced to Korea in July 1894. However, Koreans had a well-defined legal system even before that time, although the functions of the judiciary were not separate from the executive branch before modernization, which meant the latter played the role of the former as well ("Supreme Court of Korea," 2012). The first period was the Three Kingdoms Period where all judicial operations were held to the tribal councils or the head of the clan. One of the kingdoms was Goguryeo which was the top of the judicial organization. In Baekje, one of the royal ministers held judicial authority. Next, was the Goryeo Dynasty, who had the first king to establish a central government that took care of legal issues and trials. Towards the end of Goryeo’s history local administrators started to a pick up judicial functions. The mayor of the capital, Garseong, took control of all civil cases, and each head of local administration solved cases within their jurisdiction. In Joseon Dynasty small civil and criminal cases were handled by local heads of administration. The governor of each province handled all of the appellate cases and the first instance of trails of serious criminal cases.
On March 25, 1895, five different courts were set up
The judicial branch consists of all the courts in South Korea from the lowest to highest. According to Article 101 of the Constitution of Korea, courts are endowed with power to adjudicate all legal disputes, and the court operates in a three-tier system (Cho 6-7). At the bottom of the tier is the district court. There are currently 18 district courts in South Korea. These district courts are separated based on their geographic location within South Korea. Branch courts, family branc...


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...d courts the patent court, the family court, and the administrative court. The patent court has original jurisdiction over appeals from the decisions of the Intellectual Property Tribunal. Appeals from this court goes right to the Supreme Court. Family court has jurisdiction over domestic relations. Juvenile offense cases, and the power to rile domestic cases under the Special Act of the Punishment of Domestic Violence. They can also issue a protective order for domestic violence victims. Child protection cases are managed and heard by the family courts too. Domestic violence cases in the family court are heard by a panel of three judges or one single judge. Juvenile offense, domestic violence, and child protection cases are heard by one judge. The Administrative court hears tax, eminent domain, labor, and other administrative cases ("Supreme Court of Korea," 2012).

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