Lim, Jibong --- "Korean Constitutional Court and the Due Process Clause" [2010] ELECD 258; in Cho, Kuk (ed), "Litigation in Korea" (Edward Elgar Publishing, 2010)

Book Title: Litigation in Korea

Editor(s): Cho, Kuk

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848443396

Section: Chapter 8

Section Title: Korean Constitutional Court and the Due Process Clause

Author(s): Lim, Jibong

Number of pages: 15

Extract:

8. Korean Constitutional Court and the
due process clause
Jibong Lim

I. INTRODUCTION
The principle of due process of law is usually praised as `the most important
constitutional principle for human rights protection' (Hu 1990: 349). It was not
invented by the U.S. but originated from the Magna Carta in England in 1215.
This legal principle had gradually developed in England and was included in
the U.S. Constitution in the 5th and 14th Amendments. In addition, the
Japanese Constitution also adopted a due process clause in Art. 31 after the
2nd World War. Article 31 of the Japanese Constitution provides, `No one shall
be deprived of life and liberty, or punished with other penalties without due
process of law.'
The Civil War (1861­1865) in the States stemmed from conflicts of inter-
ests between the north and the south and three Post-War Amendments were
introduced to the U.S. Constitution in 1865 (13th Amendment), 1868 (14th
Amendment), and 1870 (15th Amendment), the common spirit of which was
the prohibition of racial discrimination. Originally, the 5th Amendment, which
was added to the U.S. Constitution in 1791, had prescribed that, `No person
shall ... be deprived of life, liberty or property without due process of law...'
And among the three Post-War Amendments, Section 1 of the 14th
Amendment provided, `... nor shall any state deprive any person of life,
liberty or property without due process of law.' These two clauses collectively
represent due process principles in the U.S. ...