TITLE:
Knowing the Constitutional Law: A Lexicon and Epistemology on Korean Scholarship
AUTHORS:
Kiyoung Kim, Shahin Borhanian
KEYWORDS:
Epistemology, Korean Constitutionalism, Human Right, Nationality Clause, Partisan Clause, Public Officer, Public Election, Territoriality Clause
JOURNAL NAME:
Beijing Law Review,
Vol.10 No.4,
September
6,
2019
ABSTRACT: The paper attempts to deal with the element of generic section within the Korean constitutional law. Although the translation of Constitution or case laws of Korea is available for the English-speaking scholarship, the typology and epistemology elaborated by legal scholars through texts or classroom have been entirely discrete and do not appear in academia globally. An earlier generation of scholars who had in mind to disseminate the basics of Korean law plays their part, and yet their work is outdated and needs to be amended such that foreign lawyers and academics can more readily be exposed to Korean law updated for contemporary discourse. The law is a social product and its language often has a repercussion with a great import concerning the court matters and legal scholarship as is apparent from the legal interpretation and work of annotators. An abysmal confusion inherent within the national jurisprudence surrounding its linguistic elements may be comparable to the chaos of the Babel tower when viewed within global legal scholarship. On the other hand, Korea has long been one of the rising states in terms of the national economy and diplomatic prestige. Under this backdrop, it became embarrassingly clear that an English version of legal scholarship on the basics of Korean law is necessary for peers working in jurisprudence and other interested scholars. This project may require an extensive period of time and energy along with other numerous areas of concern in Korean law. While the pioneers may already have initiated this kind of endeavor as mentioned, this engagement will hopefully aid in reworking the old versions of introduction works on Korean law. In this paper, I introduced a general overview of constitutional law over seven sections and entailed a reflexivity related with the introduction.