05 December 2024
When Democracy Prevails
On December 3 at 10:25 pm, the President of South Korea Yoon Suk Yeol declared emergency martial law, which lasted for 6 hours until it was lifted following the unanimous vote of the South Korean Parliament to immediately end its imposition. This blog analyzes the legal aspects of the President’s failed attempt to maintain a martial law regime and further reflects on the significance of this event for the evolution of democracy in South Korea. Continue reading >>
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02 October 2023
The Constitution Does Not Sleep
The South Korean government is embarking on a process to amend the current Assembly Act with the aim of enforcing stricter regulations on assemblies and demonstrations. Among other things, demonstrations at night are to be generally prohibited. I argue that the legislator’s plans disregard the jurisprudence of the Constitutional Court and fail to comply with standards of international law. Continue reading >>
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07 March 2023
Freeing Political Expression
The South Korean parliament is in the midst of an intensive debate on electoral reform. Yet, a crucial element of necessary electoral law reform is missing in these debate: Last year, the Constitutional Court declared a controversial paragraph from the Electoral Act as unconstitutional and unjustly restricting freedom of expression. Failing to revise the targeted paragraph corresponding to the Constitutional Court’s decision in the upcoming legislature periods - by the latest of July 31, 2023 - would inevitably lead to a legal vacuum. In this blog post, I shed some light on the Constitutional Court’s 2022 decision and explain why the ruling could have a major impact on how election campaigns are conducted in South Korea. Continue reading >>
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