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Glossary of South Korean Constitutional Terms

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

This glossary provides definitions and explanations of key terms used in South Korean constitutional law and practice. Understanding these terms is essential for navigating the Constitutional Court’s jurisprudence and the broader constitutional framework.

Key Terms

Hun-Ba (헌바)

The case citation prefix for constitutional complaints (헌법소원심판). Derived from “Hun” (constitutional) and “Ba” (complaint). Examples include 2011Hun-Ba379 (conscientious objection decision) and 2016Hun-Na1 (Park Geun-hye impeachment). Hun-Ba cases are the most common type of constitutional adjudication.

Glossary of South Korean Contract Law Terms

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

This glossary defines key terms used in South Korean contract law, which is codified in Part III (Obligations) of the Civil Code (민법). The terminology reflects the German civil law tradition and Korean judicial interpretation.

Key Terms

Good Faith Principle (신의성실의 원칙 / 신의칙)

The foundational principle of Korean contract law, codified in Article 2 of the Civil Code: “The exercise of rights and the performance of duties shall be in accordance with the principle of trust and good faith.” The principle governs contract formation, performance, and enforcement, and prohibits abuse of rights. It is analogous to the German Treu und Glauben.

Glossary of South Korean Civil Procedure Terms

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

This glossary defines key terms used in South Korean civil procedure, governed by the Civil Procedure Code (민사소송법). The terminology reflects the civil law tradition with significant Japanese and German influences.

Key Terms

Complaint (소장)

The initiating document in a civil lawsuit, filed with the competent District Court. The complaint must specify the parties, the claim, and the factual and legal grounds for relief.

Answer (준비서면 / 답변서)

The defendant’s written response to the complaint, typically submitted before the first hearing. The answer addresses each allegation and states the legal defenses.

Glossary of South Korean Criminal Law Terms

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

This glossary defines key terms used in South Korean criminal law and procedure, which are governed by the Criminal Code (형법) and the Criminal Procedure Code (형사소송법). The terminology combines German doctrinal precision with Korean procedural innovations.

Key Terms

Arrest Warrant (체포영장)

A judicial authorization for the arrest of a criminal suspect. Article 12(3) of the Constitution requires a warrant issued by a judge upon a prosecutor’s request. Exceptions exist for flagrant offenders (현행범) and emergency arrests (긴급체포).

Glossary of South Korean Property Law Terms

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

This glossary defines key terms used in South Korean property law, governed by Part II (Real Rights, Articles 185–372) of the Civil Code (민법). The law adopts the German numerus clausus of real rights and the distinction between ownership and possession.

Key Terms

Ownership (소유권)

The fullest real right, entitling the owner to use, enjoy, and dispose of property within legal limits (Article 211 of the Civil Code). Ownership is indivisible and exclusive. Land ownership does not extend indefinitely upward or downward — it is limited to the extent necessary for ordinary use.

Glossary of South Korean Corporate and Commercial Terms

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

This glossary defines key terms used in South Korean corporate and commercial law, governed by the Commercial Act (상법). The terminology draws from German, Japanese, and increasingly global corporate law practice.

Key Terms

Stock Company (주식회사 / Jusik Hoesa)

The most common corporate form, equivalent to a public or private limited company in other jurisdictions. Capital is divided into shares, and shareholders’ liability is limited to their investment. Governance includes shareholders’ meetings, board of directors, and statutory auditors (or audit committees).