Customary Law in Constitutional Review in Korea

DOI

10.2991/assehr.k.211203.010How to use a DOI?

Keywords

Customary Law; Constitutional Review

Abstract

Customary law is defined as a law formed in social life, not by legislators. Customary laws, based on rituals and customs, have occupied an essential part of legal life. However, in the 19th century, through the codification era, customary law was replaced by written law, not only in written law countries but also in unwritten law countries. The French Civil Code in 1804 (called Code Napoleon in 1087) has played an essential role in codification in Europe. Customary law being considered supplementary; the effect of customary law is inferior to that of written laws. However, the effect of customary law differs according to its nature and form of existence. According to the Introduction, this paper consisted of 1 question: Could a Customary Law object to Constitutional Law? This paper concludes that customary laws in the constitutional review have been a new field of constitutional discussion in Korea; customary laws as an object of adjudication on the constitutionality and formation of customary constitutional law by the Constitutional Court. However, it faced a new and continuous political challenge by the political powers, actually in the majority, which tried but failed to relocate the Capital of Seoul according to the KCC’s decision. It could result in other constitutional cases in the future.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Byun Hae-Cheol
PY  - 2021
DA  - 2021/12/03
TI  - Customary Law in Constitutional Review in Korea
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 47
EP  - 50
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.010
DO  - 10.2991/assehr.k.211203.010
ID  - Hae-Cheol2021
ER  -