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Trends in Court Decisions on the Free Exercise of Religion in the United States and South Korea

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(2), pp.239-280
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 24, 2024
  • Accepted : May 22, 2024
  • Published : May 31, 2024

Jonghaeng Yoon 1

1충남대학교

Accredited

ABSTRACT

This analysis of South Korean court decisions shows that there have been various civil, administrative, or criminal legal disputes related to religious activities, such as defamation, civil or administrative indemnification, obstruction of worship, devotion, or bribery. Courts have tried to protect the right to free exercise of religion and the freedom of religious expression, weighing the conflicting interests including privacy, peaceful marriage life, social security, and public welfare. According to the South Korean courts, soldiers or prisoners’ free exercise of religion could be restricted to an extent depending on the specific circumstances under the least restrictive means principle. But the protection of the free exercise of religion would contribute to achieving the goals of corrections in prisons. Regarding the religious objection to blood transfusion for children, some courts prioritize the doctor’s duty over the parent’s religious faith in some especially urgent and life-threatening situations. Regarding religious activities, government officers and judges must make every effort to weigh the conflicting interests based on desirable social consensus and social harmony.

Citation status

* References for papers published after 2022 are currently being built.