Korea

Supreme Court of Korea Overseas

Research and Study Program

Each year since 2006, the Asian Law Centre has hosted a Judge from Korea as part of the Overseas Research and Study Program of the Supreme Court of Korea. The Program enables Judges from Korea to experience life in a jurisdiction outside Korea for a 6-12 month period and provides them with a valuable opportunity to study Australian law courses, access University resources and undertake research and training activities, including visits to Victorian courts and meetings with court personnel.

In 2009, the Supreme Court of Korea Overseas Research and Study Program was extended to include Clerks of Court. In 2012, the program was extended by the Ministry of Justice to include Public Prosecutors.

Past Judges, Prosecutors and Clerks of Court

2018–2019 - Judge Juhui Cha, Suwon District Court of Korea
During her visit, Judge Cha will undertake comparative research on the law of defamation and explore provisions within the Australian legal system available for the protection of victims of sexual violence.

2018–2019 - Judge Injun Hwang, Suwon District Court of Korea
Judge Hwang is a judge of Suwon District Court. During his visit, he will do a comparative research of Australian court procedure and other case laws on the application of Article 13(1)(b) of the Hague Child Abduction Convention.

2018–2019 - Prosecutor Youngpil Kwon, Daegu District Prosecutors' Office
Prosecutor Kwon will be conducting a comparative legal analysis of the jury trial systems in Australia and Korea and use this as a basis for an improvement plan for the jury trial system in Korea.

2018–2019 - Prosecutor Seung Hee Shin, Busan District Prosecutors' Office
Prosecutor Shin will be undertaking research on the trends of recovery system of criminal profits in Australia. She hopes to apply the knowledge acquired to the South Korea legal system.

2017–2018 - Judge Yun-Kyung Bae, Suwon District Court of Korea
Judge Bae is a judge of Suwon District Court. During her visit, she will research the restriction of search and seizure of electronic information, admissibility of evidence, and the courts’ other evidence-taking practices in Australia.

2016–2017 - Judge Guksik Kim, Seoul Central District Court
During his visit, Judge Kim undertook research on Australian law and society.

2016-2017 - Prosecutor Taegyoun Kim, Seoul Central District Prosecutor's Office
Mr Kim will study the prevention of violence against children. He aims to further understand the criminal law procedure in Australia and undertake a comparative study of the law related to the prevention of child abuse in both Korea and Australia.

2015-2016 - Judge Kwonwon Yun, Anyang Branch Court of Suwon District Court
During his visit, Judge Yun undertook research looking at interlocutory injunctions, and understanding its application in Australian corporate law.

2015-2016 - Prosecutor Seung Jin Ho, Prosecutor, Daegu District Prosecutors' Office
Prosecutor Ho undertook research into the area of corruption, particularly investigating the question of what is just punishment for those engaged in plea bargaining. He hoped to gain insight from the current practices of plea bargaining in Australia which he could take back to Korea and apply to the developing policy in this area.

2014-2015 - Prosecutor Se-Hyun Kang, Prosecutor, Ulsan Prosecutor's Office
Mr Kang plans to learn about the criminal procedure, and about the police system in Australia, with a focus on the relationship between prosecutors and policies. In addition, he will be conducting research into defamation law, looking at processes and punishment of defamation cases.

2014-2015 - Mr Gun Ho Cho, Court Officer, Pusan District Court
Mr Cho's interests include environmental law and legislations in Queensland, with a focus on the Governments' Reef Water Quality Protection Plan for the Great Barrier Reef. The research focussed on the coral reef conservation program. In addition, he looked at ways to improve and recover the coastal  development and the quality of water.

2014-2015 - Judge In Deok Seo, Judge, Daegu District Court
Judge Seo has an extensive experience as a judge, managing various criminal and civil cases. Judge Seo's research interests include dispute resolution and, in particular, the area of class actions and the involvement of the Victorian Civil and Administrative Tribunal in Australia.

2013-2014 - Judge In Soo Nam, Judge, Yeondeok Branch of Daegu District Court
Judge Nam's research interests include punitive damages and in particular, in the areas of stealing technology of small business and the unfair cuts of delivery unit prices by large businesses in Australia.

2013-2014 - Mr Sang-hyun Lee, Prosecutor, Seoul Central District Prosecutors' Office
Mr Lee has an extensive experience as a public prosecutor, having represented various criminal and public security matters. During his time at the Melbourne Law School, Mr Lee plans to research the Australian electoral system, with a particular focus on the violation of election laws. He is interested  in how the voting system works for residents who are overseas, and how violation of those related crimes are investigated.

2013 - Mr Sang-hyun Kim, Public Prosecutor, Seoul Central District Prosecutors' Office
A graduate of the Seoul National University, Mr Kim plans to study Australia's criminal procedure in the common law system and to conduct research into legal issues associated with financial affairs such as FTA, flying assets in Swiss bank accounts and international judicial assistance.

2012 (Semester 2) - Mr Jong Do Im, Court Clerk, Gwang-Ju District Court
Mr Im plans to study Civil Execution procedure and to research the Civil Proceeding in Australia. He is particularly interested in the role of the Court and baliffs in enforcement proceedings and the associated cost of this process.

2012 (Semester 1) - Mr Jeong Hyun Hwang, Public Prosecutor, Seoul Eastern District Prosecutors' Office
During his time at the Melbourne Law School, Mr Hwang plans to: conduct comparative research on the procedural laws of Korea and Australia; investigate post-investigation criminal procedure of Australia, including trials, sentencing, appeals and the jury system; investigate the debates on the restriction of human rights from the viewpoint of protecting national security or other people's rights; and the need to revise the Korean criminal procedure.

2011 (Semester 1) - Judge Hyungsoon Park, Seoul High Court
Judge Hyungsoon Park has an extensive legal education background, graduating from Seoul National University (SNU), Seoul, Korea with a Bachelor of Laws, before furthering his qualifications, culminating in his appointment as a Judge of the Seoul Western District Court in 2001. Judge Park has also published a book entitled, "A Study on the Supplement of a Blank Bill in the Legal Procedures" and is currently a Judge of the Seoul High Court, presiding over criminal cases.

2010 - Judge Oh Byung Hie, Seoul Central District Court
During his time at the Melbourne Law School, Judge Oh researched the use of information technology in judicial proceedings. The main aim of his research is to provide ideas to the Korean Supreme Court, which has started to adopt an electronic litigation system.
Judge Oh's research interests include intellectual property law, cyberspace law and private international law. He is also interested in civil procedure, particularly electronic litigation.

2009 (Semester 1) - Mr Donghoon Kim
Mr Kim is a Clerk in the Uijeongbu District Court in Korea. While visiting the Melbourne Law School he undertook a comparative study of Australian and Korean real estate registration systems.

2008 (Semester 2) - Judge Chan Ho Park
Judge Park's research interests include Korea's inherited limitations in continental law, and its effects on consumer bankruptcy, as well as other preservative measures.

2007 (Semester 2) - Judge Cheol Min Jung
Judge Jung's research interests include mediation as a new means of dispute resolution; and the adversarial system and methodology of collecting/presenting evidence in investigation.

2007 (Semester 1) - Judge Sang Ryeol Shin
Judge Shin's research interests include constitutional law and domestic labour law.

2006-2007 - Judge Sang Moo Lee
Judge Lee's research interests include criminal law courts and criminal procedure in Australia.