“Historical Development of Judicial Independence in South Korea: Focus on Colonial and Post-Colonial Period”

Korea is known as a country with rule of law. This chapter deals with the historical development of Korean judicial system. The democratic judicial system has at least three elements. First is the existence of the independent judicial system. The second is the division of criminal and civil law. The last is to ensure human rights or individual rights within the system. This chapter aims to trace historical trajectory, particularly during the colonial and US Military occupation era (1945-1948), so that it shows both the meaningful achievements and something to be reformed.