Justice — South Korea · Synthesis

A moderate incarceration rate. With around 105 prisoners per 100,000 inhabitants (World Prison Brief), South Korea has a moderate incarceration rate, close to France, without major prison overcrowding.

A de facto moratorium on the death penalty. South Korea retains the death penalty in its law but has carried out no execution since 1997 — a de facto moratorium that places it among 'abolitionist in practice' countries, without formal abolition.

A judiciary with a major political role. The South Korean judiciary has played a leading political role in a young but vibrant democracy: presidential impeachments (constitutional procedure), trials and convictions of former heads of state and chaebol leaders for corruption — a marker of the rule of law, but also of the judicialization of political life.

An independent judiciary. Unlike authoritarian regimes in the region, South Korea has an independent judiciary and an active Constitutional Court, the fruit of the democratisation of the 1980s.

Recidivism and rehabilitation. As elsewhere, preventing recidivism and promoting rehabilitation are challenges for the effectiveness of the penal system.

Status of the death penalty. The question of the formal abolition of the death penalty, under de facto moratorium since 1997, remains open and debated.

Judicialization of political life. The use of the judiciary in political conflicts, in a context of strong polarisation (see Trust in institutions category), is a subject of debate on the balance of powers.

Fighting corruption. Continuing the fight against corruption, notably of political and economic elites (chaebols), is a challenge for trust and the rule of law.

Gender-based and digital violence. Adapting criminal law to gender-based and digital violence (see Security category) is a legislative undertaking.

The open questions. Three issues will shape the period: (1) the status of the death penalty; (2) the balance between justice and politics; (3) the fight against elite corruption.

Placed in its environment, South Korea is a democracy with an independent judiciary, moderate incarceration and a suspended death penalty.

Three takeaways. (1) Incarceration: moderate. At ≈ 105 / 100,000, the Korean rate is close to France (≈ 106), above Japan (≈ 33) and Germany (≈ 70), far behind the United States (≈ 530).

(2) Suspended death penalty. Unlike Japan and the United States (which carry out executions), South Korea has observed a de facto moratorium since 1997, bringing it closer to the European position.

(3) An independent judiciary. Unlike China or Russia, South Korea has an independent judiciary, which has notably tried former presidents — a democratic marker.