South Korean Dictatorship and its effects

South Korea

            The Republic of Korea, better known as South Korea, has given the Korean people an effort to spur the nation to new heights of achievements in government, economics, education, and the arts, and to find new human relations based on honesty, a respect for social order and law, and the development of creative initiative.

           At the end of World War II, the Union of Soviet Socialist Republics and the United States agreed on a temporary division of the peninsula of Korea into northern and southern zones at the 38th parallel to accept the surrender of Japanese forces. However, the USSR considered the division of the country an opportunity to enforce the Communist creed. Now South Korea is the divided half of the nation with a concept of modern republic government.

            Korea is a peninsula from the northeast section of the Asian continent in a southern direction, for approximately 1,000 km. The shortest distance between Korea and Japan is 206 km, and it is about 190 km to the Shantung peninsula in China to the west. The Korean peninsula is irregular in shape, and is in a north to south direction. It separates the Yellow Sea from the East Sea. The Korean peninsula and its small surrounding islands lie between 124 11’E and 131 53’E and between 33 06’N and 43 01’ N.   

            The area of the peninsula is 221,487 square km, (about 86,000 square miles). At the present time, the land is divided into two parts; The Republic of Korea, (South Korea) and Communist North Korea. The area of The Republic of Korea is 99,117 square km, (about 45% of the peninsula). Korea is characterized by abundant hills and mountains which occupy about seventy percent of its territory. Low hills in the south and west are shared by the higher mountains toward the east and north of the peninsula. Korea’s mountains form ranges in two different directions; north and south. The two famous mountain ranges are known as the T’aebaeksan mountain range and the Nangnimsan mountain range. Although very beautiful, these two ranges have been a great barrier to communications between the eastern and western sides of the Korean peninsula since early times. Korea has many streams and six major rivers which drain into the South Sea and Yellow Sea, causing flooding and occasional typhoons in the summer months in South Korea. There are few plains and basins in the Korean peninsula, but many islands, roughly 3,000, off the southern coast.

            This population in the Republic of Korea increased rapidly after World War, II In the mid 1980’s, South Korea had a population of 41,000,000; a density of 415 persons per square km. More recently in 2006, South Korea’s population was 48,422,644, with a population growth rate of 0.38%. Ethnicity groups in South Korea consist of Korean background, with the exception of about 20,000 Chinese. Languages include Korean as well as English, which is widely taught throughout middle and high schools across the population.

            The growth of the Korean economy has been one of the great success stories of recent national development. For most of its long history, Korea has been “economically backward.” Few industries developed in Korea before the nation gained its independence from Japan. After the 1950’s war, in the 1960’s, Korea launched its first five-year plan. The government had to choose between two different approaches to economic development; an inward-looking strategy or an outward oriented strategy. They elected and outward approach that emphasized exports and participation in the world economy. This allowed South Korea to promote exports of light manufactured goods. In 2004, South Korea joined the trillion dollar club of world economies. (UNESC, 2006)

            Korea was officially closed to Christian missionaries until 1882, although knowledge of Christianity was evident well before then. Membership in various Christian denominations has grown considerably since the 1950s, and today South Korea is the most Christianized country in East Asia. About three quarters of South Korea’s Christians are Protestant, while most of the remainder is Roman Catholic.

           Hundreds of so-called new religions have been founded in South Korea. Most of these new religions are syncretic, meaning they blend different belief systems. One of the most prominent is the Unification Church, founded in 1954 by Sun Myung Moon. The oldest of the new religions is Ch’ŏndogyo (Teaching of the Heavenly Way), founded in 1860. It fuses elements of Confucianism, Buddhism, Daoism, Christianity, and shamanism.

            Korean shamanism has its roots in the ancient cultures of northeastern Asia. It is the indigenous belief system and is recognized in South Korea as an important aspect of cultural heritage. Based in animistic beliefs, shamanism emphasizes the performance of healing and divination ceremonies (kut) by shamans (spiritual mediums) called mudang, most of whom are women. Although shamanism is not an organized religion, many South Koreans consult shamans when experiencing illness or other difficulties. In addition, shamanism’s precept that every natural object has a soul is a widely held belief in South Korea.

           Politics were introduced into Korea for the first time at the time of national liberation in 1945. Before that no political parties had been organized for the nation. There were not even any of the three branches of government during the thirty-six years of Japanese rule. A constitution was established in July 1948. A former Prime Minister and military government leaders organized the Democratic Republican Party in 1963, and won in the elections later that year. The legal system in South Korea combines elements of continental European civil law systems, Anglo-American law, and Chinese classical thought.  (www.law.northwestern.edu.)

           Korea was an independent kingdom under Chinese rule for most of the past one thousand years. Following its victory in the Japanese War in 1905, Japan occupied Korea, and five years later it formally took over the entire peninsula. After World War II, a republic was set up in the southern half of the Korean Peninsula while a Communist-style government was installed in the north. During the Korean War (1950-1953), the United States and other UN forces intervened to defend South Korea from North Korean attacks supported by the Chinese. An armistice was signed in 1953, splitting the peninsula at the 38th parallel.  

            In the 1970’s, Korea’s external relations were confined mostly to immediate neighboring countries such as China and Japan. There were occasional contacts with more distant nations like Russia, India, and Persia, but they were rare. Korea’s relations with the rest of the world in a significant sense came after the establishment of the Republic of Korea in 1948. The Republic of Korea is now recognized as a nation of fast growing importance by an increasing number of nations. The Republic of Korea maintains diplomatic relations with more than 170 countries and a broad network of trading relationships.

            In the presidential election of 1971, Park narrowly defeated the opposition candidate, Kim Dae Jung of the New Democratic Party (NDP). Park and his ruling DRP quickly moved to consolidate power before the 1973 legislative elections. In October 1972 Park’s government declared martial law, dissolved the legislature, and suspended the 1962 constitution. The following month, the government introduced a new constitution, known as the Yushin (Revitalizing Reform) constitution, which greatly expanded presidential powers and allowed Park to remain in office indefinitely.

            The political opposition immediately began agitating for constitutional reforms. However, Park issued numerous emergency measures that banned activities of the political opposition. The Presidential Emergency Measure for Safeguarding National Security, issued in 1975, banned student demonstrations. Many political dissidents who agitated for constitutional reform were arrested and jailed. Even as civil rights were suppressed or violated, rapid industrialization of the country achieved spectacular economic growth (UNESC, 2006). South Korea’s exports flooded Western markets, and the country ceased its dependence on foreign aid.

            In October 1979 military forces violently suppressed an antigovernment uprising in the southern cities of Busan and Masan. Later that month, President Park was assassinated by Kim Jae Kyu, the director of the Korean Central Intelligence Agency (now known as the National Intelligence Service). Premier Choi Kyu Hah became acting president, and the government proclaimed martial law. In December army General Chun Doo Hwan staged a coup within the armed forces, seizing control as martial law commander. Chun emerged as the dominant leader in the country, overshadowing President Choi.

           Demonstrations erupted in many cities demanding an end to martial law and the adoption of a new constitution. In May 1980 Chun arrested leaders of the political opposition and banned all political activity. Despite these restrictions, political dissidents staged a pro-democracy protest that developed into a massive uprising in the city of Gwangju in mid-May. During the ensuing military crackdown, army troops killed at least two hundred civilian protesters.  (US Department of State, 2001)

           In August 1980 President Choi suddenly stepped down, and Chun secured the presidency by indirect vote. A new constitution, providing for a single seven-year presidential term but also retaining many of the Yushin type control mechanisms, went into effect in April 1981. Thereafter, South Korea achieved rapid economic growth with per capita income rising to roughly 18 times the level of North Korea. In 1987, South Korean voters elected ROH Tae-woo to the presidency, ending 26 years of military dictatorships. South Korea today is a fully functioning modern democracy. President Chun’s regime scored a diplomatic coup when the International Olympic Committee designated Seoul as the site for the 1988 Summer Olympic Games.

           Current issues in South Korea include environmental, economic and international issues. Air pollution in the larger cities is a current problem, as well as water pollution from sewage and various industries. The economic challenge right now in South Korea and most likely for the next several years is the maintenance of the pace of market reforms to restore the old growth pattern in the Republic. Currently, the international dispute continues with the still unresolved boundary with North Korea.

            In 1981, a three party system replaced the Democratic Republican Party which had been established in 1963. They were the Democratic Justice Party, the Democratic Korea Party, and the Korea National party. Now, more recently, a few other political parties have evolved in South Korea: the Democratic Labor Party, Democratic Party, Grand National Party, People-Centered Party, United Liberal Democrats and the Uri Party. At the top of the executive establishment, the president functions as the head of state and represents the state.  .  (US Department of State, 2001)

            Today Korea has reached an advanced stage of democracy with freely elected local councils and separation of powers between three branches of national government: the legislative, the executive and the judiciary branch. Korea has a unitary, democratic form of government, republican in nature with a presidential system. The President is directly elected by the people to a single five-year term and has a wide range of power over the central government. He also serves as the Commander in Chief of the Korean armed forces. Korea has adopted a two-tier local government system as well.

           All the local governments in Korea have the governing structure similar to the strong mayor-council system in the US. They have the chief executives (governors, mayors, county executives and district executives) and local councils. The graph below is taken from the Intelligence Resource Program website (www.fas.org), and portrays South Korea’s National Police Agency.

           Following a series of mass protests in June 1987, President Chun promised democratic reforms, including direct presidential elections. Voters adopted a new, democratic constitution in a referendum in October, and Roh Tae Woo, the candidate of the ruling Democratic Justice Party (DJP) and a longtime supporter of Chun, was elected president in December. The new constitution took effect in February 1988.

           In the 1988 elections to the National Assembly, the DJP won the most seats but failed to secure a majority. The Peace and Democracy Party (PDP) of Kim Dae Jung became the main opposition party. Later that year, South Korea hosted the Summer Olympics. In 1990 the DJP merged with two other parties to form the Democratic Liberal Party (DLP). This maneuver secured the new party an absolute majority in the legislature. In March 1991 the first local elections in 30 years were held. DLP candidates won a majority of posts.

           Although some democratic reforms had taken hold in South Korea, distrust of government ran deep. Students and workers regularly staged protests and strikes from 1988 to 1991. The annual anniversary of the 1980 massacre in Gwangju was commemorated with mass demonstrations that resulted in clashes between protesters and police. Public unrest escalated in 1991 with the revelation of a government bribery scandal and the beating to death of a student protester by police. In response to weeks of widespread demonstrations precipitated by the fatal beating, the government relaxed the National Security Law and reined in police activity.

           To solve the problem of housing shortage and overpopulation is the increasing number of small housing units being produced. This has continued to stabilize housing costs since the 1980’s. The health of the Korean people as a whole is improving substantially. This is directly related to the qualitative improvement of diet, the rise of living standards and the development of health and medical programs, which all began through the rapid economic growth of the 1970’s (UNESC, 2006). Korean’s have always had pride in their environmental surroundings. Korea developed an environmental pollution problem, like most industrialized countries do. However, the nation has promoted environmental awareness because of the increased standard of living and he Establishment Administration in 1980. Finally, an important quality of life in South Korea is women’s status in society.

           Traditionally, women’s education and role was only in the home. Their major role was to give birth and maintain family order. Since the 1880’s, when the country opened up to the outside world, women’s education has continued to improve. Now the attend college, teach, and receive the same formal education as any male in South Korea (Kim, Edward H. c, 1987). Korea is a centralized nation-state with a three-part system of government consisting of administration, legislation and judicature. There are no localized criminal justice systems, therefore the entire criminal justice system, such as prosecution and courts and prisons, is the responsibility of the central government.

           For the Republic of Korea, there are three major areas that are considered the Foreign Policy Objectives. First, there is the International Support for Peaceful Unification. This policy seeks to cultivate international support for its efforts to persuade the North to adopt a policy of mutual respect and accommodation.

           Secondly, South Korea has the foreign policy of International understanding and Responsiveness. This is a high priority for the nation, mostly because of the rivalry with North Korea. Only with improved understanding will come political and moral support for the Republic of Korea’s attempts with North Korea. Finally, a third foreign policy objective for South Korea is International Economic Cooperation. They are involved with 170 other countries in trade, but rely on raw materials to be imported so that they can export their goods. It has been a goal to promote an international environmental advance to production and trade activities.

           With improved standards of living, the handicapped health, recreation and leisure facilities, senior citizens and women’s issues are receiving increased attention in social development policymaking. Due to the rapid economic growth and improved industrial structure achieved in the past twenty years, the problem of unemployment has virtually been overcome in South Korea. In order to increase employment opportunities, policies have concentrated so far on development of skilled labor intensive industries and on increasing scientifically and technically-oriented manpower through expansion of vocational and technical training.

           The Korean legal system is a civil law system and currently follows the European civil law system.  It has changed dramatically since 1945 when Korea was under Japan rule, and followed the Japan legal system. Legislation introduced during the U.S. military occupation of 1970-1989 was influenced by the American legal system.  Basic laws following much of the American legal system were enforced because of Korea's strong political and economic relations with the United States.

            South Korea’s philosophy of law enforcement for the country is based on the Fifth Republic Constitution.  “Essentially, the Constitution of the Fifth Republic aims at a harmony of the national ideals of security, order and efficiency with the people’s call for democratization, while guaranteeing human rights to the greatest possible extent.  This harmony is achieved by stressing the inviolability of basic rights, so that a just and democratic society dedicated to the well-being of all its citizens can materialize without fail.” The habeas corpus system is key in the Fifth Constitution as well as the freedom of speech, press, assembly and association are guaranteed.

            The Korean National Police Agency system consists of, from the top: one National Police Headquarters located in Seoul; 5 special task police agencies, including Marine Police; 13 provincial police headquarters; 220 police stations; and 3,389 police branch offices across the country. The Korean Police has its own chain of command independent of the Army. There are no local municipal police systems or state police departments like those in many western nations.     

           The Police Administration Office in Korea was established under the U.S. Military Government on October 21, 1945, with Police Administration Departments in each province.  The Korean people did not trust the police during and sometime after the Japanese rule.  It took awhile, but in 1974, the government started to study the police system to revive the proper functionality of the police.  Job satisfaction within Korea’s policing system is high, resulting in 3,422 police boxes, (a base for anti-crime activities for maintaining the security of an area in consideration of the population, area, administrative district, frequency of crime.)  These boxes are manned by 38,000 policemen. 

            Forty-three percent of the entire police force works day and night in protecting the population from crime. In 1991 the NPA (National Police Agency) was inaugurated as an independent government organization that is not a subordinate organization of the Ministry of Home Affairs.  At this time, budget, equipment, communications, and the matter for the management and improvement of police was deliberated on, and concluded that improvements in the policing system would begin.

            South Korea’s police follow the philosophy given by the Constitution of the Fifth Republic, where habeas corpus is emphasized. The Constitution provides defendants with a number of rights in criminal trials including the presumption of innocence, protection against self-incrimination, freedom from retroactive laws and double jeopardy, the right to a speedy trial, and the right of appeal.  The Constitution states in Article 118 that, “local governments shall deal with matters pertaining to the welfare of local residents, manage laws and decrees, rules and regulations regarding local autonomy.”  Government officials in South Korea have a reputation for their integrity.  They have great prestige associated with their rank, power, and responsibility.  Participating in Korea’s policing system is known as having a honorable profession and embodies prestigious individuals. (Handbook of Korea, 1987)

            In conclusion, the justice procedures of the Republic of Korea’s judiciary system have become westernized over the years, and I feel that their Constitution provides the citizens of South Korea justice and fair law.  The Constitution provides that court judges will judge independent according to their consciences and in conformity with the Constitution and law.  Globally, South Korea has effective security because of their strong allies like the United States.  However, communist North Korea does cause threat to the Republic concerning an unwanted policy of mutual accommodations instead of the North’s current policy of unilateral imposition by force.  (www.law.northwestern.edu.)

           The U.S., along with other nations such as the Soviet Union and China all has part in the maintenance of firm security commitments to the Republic of Korea.  Justice and human rights within law enforcement in South Korea are based on the Constitution.  Because of this strong document as the backbone in the Republic, Korean citizens are guaranteed the basic rights and freedoms to the utmost, which limits the exercise of governmental powers within law enforcement and wrongful mistreatment of individuals.

            Law enforcement is effective in South Korea because of the well-defined justice system and local government.  The Constitution states in Article 118 that “local governments shall deal with matters pertaining to the welfare of local residents, manage properties, and may establish within the limit of laws and decrees, rules and regulations regarding local autonomy.

           Useful innovations that provide function to South Korea’s law enforcement is that the country which has not executed anybody for about a decade, is considering ending capital punishment and instead jailing those offenders for life with no chance of parole.  This differs from many states in the U.S. who still enforce the death penalty.

            I do not think that this would be a wise decision for the country to follow through with.  Depending upon the crime committed, this lesser consequence may result in offenders seeing their crime as less severe. South Korea has carried out 902 executions since it was founded in 1948 and it has about 60 people on death row.  In years of rule under unpopular generals, many people who were convicted of treason or spying were executed as well as those convicted of crimes such as murder.  Recent surveys have said about two-thirds of the public supports capital punishment, which is by hanging.  This execution style is also different than that of the United States’ lethal injection.  Hanging may be more effective for South Korea for the fact that it has a stronger impact on society than a more peaceful lethal injection has in the U.S. 

             South Korea has come far from the country it once was when controlled by communism.  It now has an established and effective democracy with laws as well as freedoms for it’s’ citizens.  Now that the Republic has established itself as a free-standing country, it hopes to influence its northern enemy, and in turn, one day allows the entire land to unite.

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Reference

Facts about Korea by Kim, Edward H. c.; Publisher: Hollym Corporation Publishers April, 1987, Pages 98-99.

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A Handbook of Korea Sixth Edition; Publisher: Seoul international Publishing House, November, 1987; Pages 47-50, 257,259,269,271.

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Republic of Korea: World Factbook of Criminal Justice Systems, S. Korea; Retrieved from  www.andromeda.rutgers.edu., On April 7, 2006.

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Foreign Law and Country Information; Retrieved from www.law.northwestern.edu., On April 7,2006.

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National Police Agency-South Korea Intelligence and Security Agencies;  Retrieved from www.fas,org., on April 11, 2006.

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The Bureau of Democracy, Human Rights and Labor, Republic of Korea; US Department of State; “Country Reports on Human Rights Practices” (February 23, 2001.), Retrieved from www.state.gov., on April 11, 2006.

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United Nations Economic and Social Commission for Asia and the Pacific: Human Settlements; Retrieved from www.unescap.org/huset/lgstudy/country/korea, on March 31, 2006.

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