The global expansion of judicial powers makes no exception to Asia. Most noticeable is the judicial expansion in tandem with unprecedented political and legal reforms that have occurred in the two Asian new democracies – Taiwan and South Korea. Having shared a great deal of similarities in colonial legacy, economic development and global competition, both Taiwan and South Korea became good examples of fast-growing economies with successful democratic transitions. In the context of transition, Courts in Taiwan and Korea are expected to independently resolve disputes, to place checks and balances on political powers, and to safeguard people’s rights and freedoms. This book looks into court’s function in constitutional, regulatory, civil, commercial, and criminal matters by making Taiwan and Korea in comparison.
Jiunn-rong Yeh
1 Introduction
Part I: Courts in Constitutional and Administrative Adjudications
Jiunn-rong Yeh
2 Court-ordered Apology: The Function of Courts in the Construction of Society, Culture and the Law
Jong-ik Chon
3 The Effect of Constitutional Adjudication on the Judicial Branch: The Relationship between the Constitutional Court and the Ordinary Court
Wen-Chen Chang
4 The Evolution of Administrative Adjudication in Taiwan: A Model of Judicial Cooperation
Seong-Wook Heo
5 The Judicial Review Criteria in Korean Administrative Litigation: The Proportionality Principle in Korean Administrative Law and Democratic Accountability
Part II: Courts in Civil and Commercial Adjudications
Chung-jau Wu
6 The Law-making Function of the Court and the Necessity for a Second Amendment for Taiwanese Law of Contracts: An Observation from Leading Cases
Jinsu Yune
7 Judicial Activism and the Constitutional Reasoning of the Korean Supreme Court in the Field of Civil Law
Ching-Ping Shao
8 Beyond Uncertainty: Lower Courts’ Defiance in Insider Trading Cases
Hyeok-Joon Rho
9 Enforcement against Wrongdoing Directors: The Role of the Courts in Korea
Part III: Changing Courts with Civil and Criminal Procedural Reforms
Kuan-Ling Shen
10 The Role of the Courts in Civil Disputes in Taiwan
Kang-Jin Baik
11 Civil Disputes in Korea and the New Role of the Court
Rong-Geng Li
12 From an Inquisitorial to Adversarial System: The Recent Development in Criminal Justice of Taiwan
Kuk Cho
13 The Exclusion of Illegally Obtained Confessions, Electronic Communications and Physical Evidences in Korea
Contributors