Sangcheol’s Legal Journal : YouLaw Insights

  A Judicial Precedent Under Scrutiny The recent decision by a South Korean court to cancel President Yoon Suk-yeol’s detention and release him has triggered intense public debate. However, what has fueled even greater controversy is the prosecution's choice to forgo an immediate appeal. The Special Investigation Unit (SIU) of the prosecution advocated for an appeal, but the Supreme Prosecutors’ Office overruled it, leading to Yoon’s release. Was this prosecutorial decision justified? This event raises serious questions about the independence of the prosecution and its legal standards. A Unprecedented Legal Shift: Court’s Decision to Cancel Detention The court’s decision significantly deviated from existing legal precedents. It adopted an unusual approach to calculating the detention period, using an ‘hour’ basis instead of the conventional ‘day’ standard. Specifically, the court ruled that the time spent in the pre-detention hearing should be excluded from the detention durat...

South Korea’s Civil Code Revision: Key Changes and Implications The South Korean government has introduced a major revision to the Civil Code, marking a significant legal modernization.  This reform aims to enhance clarity, align with global standards, and improve legal accessibility for both citizens and foreign residents. By addressing legal ambiguities and incorporating judicial precedents into statutory law, this revision is expected to enhance predictability in legal disputes. Key Reforms in the Civil Code Revision One of the most notable changes is the improvement of the breach of obligation system.  Previously, the Civil Code only had provisions on non-performance and delay but lacked explicit rules on partial performance.  The revised law clarifies this by defining breach as “when performance has not been completed” rather than “when performance becomes impossible.” Additionally, the scope of remedies such as restitution and periodic compensation has been expanded...