1. Judiciary in the “Globalizing” World
Ko, Il Kwang
Kim, Eun Kyo
Kim, Ki Young
Song ,Yu Lim
Jeong, Eun Young
Hyun, Nak Hee

2. What is globally competitive judiciary ?

3. Introduction

4. Introduction
Function of the Judiciary Globalization

5. Introduction prepared to settle international disputes
ex) International transactions intellectual property
Family affairs
Labour
Criminal offences
Bankruptcy
Recognition and enforcement of foreign judgments
■ Adapting to changes and being well
prepared to settle international disputes
in reasonable and effective way

6. Introduction ■ Jurisdiction issue Jurisdiction with more
Being a favorable dispute-solving venue
Jurisdiction with more
convenience and expertise
- Fulfilling the parties’ needs

7. Introduction international society make its own contribution
■ Need to enhance national status in the
international society
■ Korean judiciary has capability to
make its own contribution

8. Judiciary in the “Globalizing” World
Introduction
Judiciary in the “Globalizing” World

9. Introduction ■ Sub-themes Solving international cases
Expanding jurisdiction
Strengthening our status in international
society

10. International Cases
in Korean Court

11. I. The Current Conditions of International Cases in Korean Court

12. International Cases in Korean Court
■ Cases related to “International Disputes”
presented to the courts
- Domestic cases: increase of multi-cultural family
Growth rate of int’l marriages,
자료: 통계청,

13. International Cases in Korean Court
- Labour cases

14. Crimes by Foreigners Up 60%
International Cases in Korean Court
- Criminal cases
Crimes by Foreigners Up 60%
Over 4 Years
Published: October :01
Crimes committed by foreigners increased almost 60 percent over the past four years but police are too understaffed to contain the spiral, Yonhap News reported Thursday.
The number of crimes, including murder, robbery and fraud, by foreigners rose from 9,103 in 2004 to 14,524 last year, or an average of 30 crimes a day, according to the report presented by the National Police Agency to ruling party lawmaker Kwon Kyung-seok.
A total of 11,085 crimes by foreigners were reported during the first seven months of this year.
Chinese accounted for 55.8 percent of the 56,411 crimes between 2004 and July of this year, followed by Americans (6.9 percent), Thais (2.5 percent), Russians (2.4 percent) and Pakistanis (1.6 percent).
But the report cited serious manpower and logistic shortcomings in dealing with these crimes. The agency has 545 detectives working in foreigner-related crime divisions, with 825 officers who can speak a foreign language but only 105 who know a language other than English, Japanese or Chinese, according to Yonhap. The Korea Times

15. International Cases in Korean Court
Internal Korean cases affecting
international society

16. International Cases in Korean Court
■ Heavy Caseload and Lack of Expertise
Difficulties in finding judges with enough
experience
Not enough training programs or
references
Short office term
Heavy caseload

17. International Cases in Korean Court
■ Shortage of Interpreters and Bureaucracy
Criminal court
☞ insufficient interpreters despite the huge demand
☞ introductory brochures deficient in substantial info.

18. International Cases in Korean Court
■ Shortage of Interpreters and Bureaucracy
Family court
☞ inconvenience in communication
☞ in need of interpreters funded by the court

19. International Cases in Korean Court
II. Suggestions

20. International Cases in Korean Court
■ A “Special Court” needs to be established
Dealing exclusively with int’l cases
Flexible utilization of manpower and resources
☞ organizing a panel with judges of similar
career experiences
☞ task force team with associate judges and
professors
☞ on-line community

21. International Cases in Korean Court
■ We need to make effective use of our
limited experience
Accumulate the experiences
☞ a source book containing outlines of cases
☞ publish English journals for international
cases
☞ special publications

22. International Cases in Korean Court
■ We need to improve accessibility and
make procedures user-friendly
courtroom - icty
Reducing language obstacles
☞ producing brochures, video clips
☞ special court with bilingual process
☞ up to date E-court system

23. Expanding
Jurisdiction

24. Expanding Jurisdiction
■ Securing Jurisdiction for International Cases
■ Lowering Barriers in Judicial System
Free Movement of Cases and Decisions

25. Expanding Jurisdiction
■ Unification of International Norms
■ Development of Communication/
Transportation
→ Freedom in Selecting Jurisdiction
■ Benefits : Extended legal markets,
Lower court cost, Enhanced national
credibility

26. Expanding Jurisdiction
■ Korea as a Hub Place for Int’l Dispute
Resolution
■ Promoting Advantages to Int’l Society
Excellent legal professionals
Time and cost saving
Bridging developing and developed
countries

27. Expanding Jurisdiction
■ Developing Special Area
- IT Related Cases

28. As things get tough, S Korea's bosses get rolling
Expanding Jurisdiction
■ Globally Trust-worthy Decisions
As things get tough, S Korea's bosses get rolling
By Anna Fifield in Seoul
Published: September :00 | Last updated: September :00
Wheelchairs seem to be the vehicle of choice for South Korean tycoons who find themselves in a spot of bother.
Lee Kun-hee, the chairman of Samsung, last year rolled back into Korea in a shiny silver number.
This was after suddenly travelling to the US just as prosecutors began an investigation into allegations that he had illegally passed his wealth on to his children.
Mr Lee was never questioned about the case, which seems now to have gone away.
Chung Mong-koo, the boss of Hyundai Motor, was wheeled into court for his trial on charges of embezzling $100m of company money and breach of trust, also related to attempts to transfer the family business to his son.
Kim Seung-youn, chairman of the Hanwha explosives conglomerate, yesterday went one better, showing up at court in not just a wheelchair but in hospital pyjamas as well.
Copyright The Financial Times Limited 2008

29. Expanding Jurisdiction
■ Promoting our Efforts to render
Fair and Proper Decisions
■ Broadcasting the Trial Process of
Important Cases

30. International Society
Strengthening
our Status in
International Society

31. International Activities
Strengthening our Status in Int’l Society
Expanding
International Activities

32. Strengthening our Status in Int’l Society
■ Korean judiciary has not been playing a
great role in the int’l society
■ Unification of Legal Norms and Standards
(UNCITRAL, UNIDROIT, WIPO)
difficulties for the Korean judiciary to
participate in int’l law making process

33. Korean judiciary leading the global opinion
Strengthening our Status in Int’l Society
■ Stepping Up as an Opinion Leader
Thorough Preparation/ Specialized Expertise
Judicial Attache / Int’l Norm Working Group
☞ planning a yearly schedule
☞ forming a special “task force team”
collaboration with administration department
☞ collecting ideas through on-line communities
☞ authorized judge + English speaking judge
☞ early notice
Korean judiciary leading the global opinion

34. Strengthening our Status in Int’l Society
■ Building Personal Relationship with
Members of Other Countries
Unfair? / Privilege?
Solution
☞ clear goal/ intensive tasks/ substantial report
Detailed selection criteria/ Open invitation
Diverse methods of using limited budget
Specialty 〉Equality

35. Strengthening our Status in Int’l Society
■ Increasing Korean Jurists working
in International Organizations
ICJ / ICTR / UN
Nominate candidates
Support judges to meet qualifications
of international posts
ICTY
ICC
IAWJ
ICA

36. ■ Accumulating & Sharing Information
Strengthening our Status in Int’l Society
■ Accumulating & Sharing Information
- Conference Booklet
- Survival Guide
- Sharing Personal Network

37. II. Creating Judicial Alliance
Strengthening our Status in Int’l Society
II. Creating
Judicial Alliance

38. Strengthening our Status in Int’l Society
■ Exporting our Judicial System
■ Introducing Materials and Data on
our Judicial System in English
■ Understanding Judicial System of
Neighboring Countries

39. Strengthening our Status in Int’l Society
■ Expanding Inter-judicial Relationship
■ Hot line/Workshops with Japanese and
Chinese Judiciary
■ Cooperative System with Other Asian
Countries: China, Vietnam, Indonesia,
Thailand, Singapore
■ Visiting program : US, Germany, France,
Austria
■ Hosting International Conferences

40. Conclusion

41. Accept “Global” Thinking Provide Proper Support
Conclusion
Accept “Global” Thinking
Provide Proper Support

42. “That’s one small step for man, one giant leap for mankind”
Conclusion
“That’s one small step for man,
one giant leap for mankind”
“It’s one small step for us,
one giant leap for
Korean Judiciary”

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