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An Analysis on the Judicial Inclination of Justice Byung-Chae Han in the First Korean Constitutional Court

  • DONG-A LAW REVIEW
  • 2013, (58), pp.41-84
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Jibong Lim 1

1서강대학교

Accredited

ABSTRACT

The decisions of the Constitutional Court, a Supreme Court in a country, are deeply influenced by the judicial inclinations of the Justices. For this reason, it is fairly necessary in order to analyze the judicial inclination of the Court that we analyze the judicial inclination of each Justices who compose the Court. This study aims at analyzing the judicial inclination of Justice Byung-Chae Han who worked in the first term of Korean Constitutional Court and exploring where his judicial inclination derived from. Justice Han had been a well-renowned Congressman before he was appointed as a Justice of Korean Constitutional Court by the Korean Congress. It is interesting to explore his judicial inclination when he became a Justice who had a background as a politician. To achieve this aim, this study will present four major analysis frames including ‘judicial activism v. judicial passivism’ and ‘judicial progressivism v. judicial conservatism.’ Then, it will examine the life paths of Justice Han including his educational background and political and judicial career. After that, this study will qualitatively analyze his major opinions as a Justice in the Korean Constitutional Court, and, finally, will quantitatively analyze his whole opinions during his Justiceship based on the statistics.

Citation status

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