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Institutional Change, the Judiciary, and Military Service in South Korea

Artaiz, Thomas (2022) COSM40 20221
Centre for East and South-East Asian Studies, Lund University
Abstract
In 2018 the South Korean Supreme Court declared the Military Service Act unconstitutional and mandated that the National Assembly implement an alternative service for those who object to military service for moral or religious reasons. This ruling is a reversal from previous cases dealing with the same issue. Using theories of institutional change, this paper investigates the evolution of the judicial branch as well as military service to identify the causal mechanisms for the reversal. This paper uses thematic analysis of secondary literature to generate themes and applies those themes to legal arguments employed by the judiciary. The results suggest that incremental changes to judicial formal and informal rules produced the 2018 decision.
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author
Artaiz, Thomas
supervisor
organization
course
COSM40 20221
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Conscription, Institutional change, Judicial review, Supreme court, Constitutional court, South Korea
language
English
id
9098739
date added to LUP
2022-08-31 10:15:45
date last changed
2022-08-31 10:15:45
@misc{9098739,
  abstract     = {{In 2018 the South Korean Supreme Court declared the Military Service Act unconstitutional and mandated that the National Assembly implement an alternative service for those who object to military service for moral or religious reasons. This ruling is a reversal from previous cases dealing with the same issue. Using theories of institutional change, this paper investigates the evolution of the judicial branch as well as military service to identify the causal mechanisms for the reversal. This paper uses thematic analysis of secondary literature to generate themes and applies those themes to legal arguments employed by the judiciary. The results suggest that incremental changes to judicial formal and informal rules produced the 2018 decision.}},
  author       = {{Artaiz, Thomas}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Institutional Change, the Judiciary, and Military Service in South Korea}},
  year         = {{2022}},
}