대법원 판결과 사회 변화 = Supreme Court Decisions and Societal Change

다국어 초록 (Multilingual Abstract)

The present research examines 30 essential decisions delivered by the Supreme Court that had the greatest impact on our society since Korea gained independence on August 15, 1945. Exploring the state of our society before and after these decisions makes it possible to understand the changes that took place in Korea.
Part II deals with matters of conflict between individual freedom and duty towards the nation, such as death with dignity and conscientious objection. Part III studies the questions concerning the changes in Korean tradition such as the legal capacity of female spouses, female membership in clan unions, changing the gender marker of transsexuals, freedom of changing names, protecting spouses in de facto marriages, recognition of marital rape, and welfare of adopted children. Part IV delves into the problems of protecting the rights of those in need, who as a result of rapid economic growth were left in the shadows of our society, i.e. peasants and tenants, victims of environmental pollution, female employees and temporary workers, small businesses. Part V looks at the position taken by the Court on political issues such as the constitutionality of statutes, unlawful court decisions and retrial, and state indemnification for victims. Part VI discusses the fundamental rights of suspects and defendants, professors denied the renewal of appointment, clients of attorneys in criminal cases, foreign workers, and victims of sexual harrassment. Finally Part VII deliberates on such everyday issues as copyright, scope of standing to sue and subject of judgment in administrative litigation, and taxpayer rights.
Court proceedings reflect not only the position of litigants but also of members of our society not participating in litigation who share their ideas. This is why decisions delivered by the Supreme Court that are final in resolving disputes determine the direction of social policies. In an era of increasing social complexity and variety and of the Court adopting an active approach to resolving disputes, this research will hopefully serve as basic literature for shedding light on what the Korean society should strive for in the years to come.