Study On Due Process Of Law In Korean Constitution

Due process is the core concepts of Anglo-American law system, the essence of due process system is the important measure of interfering to government power and action by judicial power of court, it’s purpose is to guarantee the individual rights. It is an important judicial review. The aim of this dissertation is to introduce and research the due process of law in Korean constitutional law systematically, try to offer beneficial reference for the construction for the present stage of our country legal procedures. The research of this dissertation begins with the basic of the history of due process in the world and the development of due process in Korea. The dissertation emphatically researches the way for due process to be compatible with the development of Korea and continuously perfect the system in particular. The dissertation also introduces and analyses the due process applied in practice.The dissertation includes five parts:The first part is an introduction. This part deal with the reaserch purpose meaning and reaserch methods of the study on due process of law in Korean constitution.The second part is the summary of due process. This part deal with the concept and evolution of due process, and also discussde two key problems of due process from the angle of historical development."nor be deprived of life, liberty, or property, without due process of law"is the classic definition of due process of law. Due process is derived from the original natural justice in British, King John signed British Magna Carta which includs the due process of law in13century.In the United States, due process were carried forward and recongnized by the world, the due process of law being written into the American constitution and transforming the attention of property rights to the Human Rights. American’s finest achievement for due process was created substantive due process, or the right of judicial review. The due process was becoming a universal value which accepted by the country ruled by law including Korea.In the third part is the development of due process in Korea. This part introduces the adoption of the due process of Korean, constitutional law. Then analyses the concept, the object of guarantee and the scope of guarantee of due process. And also dicussde the difference between Korea and other country.The fourth part is the application of due process in Korean’s constitution court. This part through analyzes typical cases to introduces the attitude about the due process of Korean’s constitution court. The cases include legislation, criminal procedure and administrative procedure.The fifth part is the development of due process in Korea revelation to China. First, The development of Constitutionalism includes the due process must be stipulated in the Constitution of our country definitely, perfecting review system of the constitutionality in our country, using the constitutional interpretation. Second, the legal practice includes perfecting the procedure of law supervision, strengthening the public official’s procedure check and supervision consciousness, perfecting the hearing system of our country.