In this book, Marie Seong-Hak Kim provides an account of the history of the Supreme Court and the development of the judicial process in modern South Korea that is both nuanced and provocative. The main focus of the book is the Supreme Court's decisions during the Park Chung Hee government under the notorious Yusin Constitution from 1972 to 1979. The courts, especially the Supreme Court, have been criticized for upholding unjust laws under that regime and bolstering the power of the dictatorial government. Was it right for the Supreme Court to implement the unjust laws instead of challenging them? Constitutional Transition and the Travail of Judges is Kim's response to this question.
Throughout the book, Kim examines monumental decisions of the Supreme Court and provides an in-depth examination of how each case was adjudicated, giving detailed analyses of related legal issues and the opinions of judges, including minority opinions, with...
