The Functional Transformation of Courts：Taiwan and Korea in Comparison

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.

Prof Jiunn-rong Yeh is a leading scholar of Constitutional Law, Administrative Law and Environmental Law at the College of Law of National Taiwan University.

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