Living Law@ Korea- from Hermit Kingdom to divided peninsula

Regulating Early Korean Society: Confucianist and Buddhist foundation

The religion of Buddhism found fertile ground in Korea and was a key factor influencing early Korean society. Ties with China led to ways of thinking from early Chinese Empires spreading to Korea and across Asia. One main influence was Confucianism. The philosopher Confucius believed that promoting introspection and human self-regulation- reinforced by societal shame for poor behavior- was preferable to formalized external rules and punishments for their breach. In early Korean society, this was manifested in the 3 Main Bonds and 5 Moral Rules.

The right attitudes could be encouraged by focusing on the various relationships existing in society- within families (father-son, husband-wife, elder brother-younger brother), between members of society, and between individuals and their rulers. As in other regions touched by early Chinese philosophy and governance, Imperial Korea sought a strong civil service, with the selection of officials based upon a strict examination program. This foundation of the Korean approach to societal regulation would impact all subsequent iterations of governance and government.

The Imperial Era- from Three Kingdoms to Korean Unification

The Imperial era was a defining one for Korean society. While Confucianism set the tone for relations within society, a strong civil service defined government administration across the peninsula. Major kingdoms competed with each other for dominance, with the center of power shifting accordingly. Eventually the entire Korean peninsula was united in a single kingdom, ushering an era of consolidation and integration.

A key development during the Joseon dynasty was the development of the Hangul alphabet, with simplified characters compared to the Chinese characters historically used. This innovation helped the rulers improve literacy across the Korean nation, which was still primarily an agricultural one. The Joseon dynasty lasted through the late 19th century, when Asia was addressing the challenge of modernization. Japan had taken the lead, and exerted its power throughout the region.

From Hermit Kingdom to Japanese occupation

During the European mercantile period of the 16th and 17th centuries, trading companies pushed their way into Asia. When playing by the locals’ rules proved to slow, gunboat diplomacy helped the Europeans gain footholds in China and Japan. Korea, which had always considered itself “the shrimp between two whales (China and Japan), reacted by closing its doors to outsiders. This later earned it the nickname of “The Hermit Kingdom.”

The strategy of isolationism only succeeded for so long. Japan, the rising power in Asia, gained control of Korea after winning the Sino-Japanese War. In the early 20th century, Imperial Japan consolidated its control over the Korean peninsula and exerted considerable influence over both the government and society in Korea. That also entailed the suppression of any resistance to Japanese hegemony. We explore this period during a visit to a former prison which housed thousands of Korean political prisoners, many of whom saw their last days there.

Crisis Period: World and Civil War

By the time the Second World War was starting, Japan was firmly entrenched in Korea. The Imperial Japanese military instituted Japan’s policy of the Greater East Asia Co-Prosperity Sphere, which extended throughout much of East and Southeastern Asia. Following the defeat of the Japanese in 1945, US forces controlled southern Korea, while Soviet forces held the north. When both sides withdrew, local political groups battled to define the future of Korea. Communist supporters squared off against more democratic-leaning forces. This eventually escalated to outright war when Communist forces, mainly from the north, tried to install a Communist regime across Korea. This triggered the creation of a United Nations (UN) coalition of forces to counter the Communist attack. A bloody conflict followed with heavy casualties, both military and civilian. It ended in 1953 with the signing of an armistice agreement, such that legally the war never really ended. There were now two versions and visions of Korea, a Communist one in the north, and a democratic one in the south, each claiming the political legitimacy over all of the Korean people.

A Visit to the DMZ

The Korean War was a rollercoaster conflict, with both sides almost managing complete victory. After years of fighting and parallel peace negotiations, the conflict ended in a stalemate. In fact, the two sides ended up controlling roughly the same area as at the end of World War II, with the 38th parallel marking an agreed boundary. As a result of the armistice talks, that boundary eventually became an international border, with the Communist Democratic People’s Republic of Korea in the north, and the democratic Republic of Korea in the south. That is the situation which remains to the present. Against the backdrop of the Demilitarized Zone (DMZ), we examine the legal and diplomatic agreements which led up to the division, and which define the fragile peace on the Korean peninsula.

The US military has maintained a significant military presence in South Korea since the armistice was agreed. Periodically the question of how much longer and how the US support should continue is raised in both Seoul and Washington. The political and security relationship between the two nations has evolved over the roughly seven decades since the founding of the Republic of Korea. This fascinating archival treasure presents a snapshot of the situation a quarter century after the ceasefire. Some of the issues raised in the film remain relevant today.

Separation, Sedition and National Security

The Republic of Korea, or South Korea, had a long journey to its current state of democracy. The military threat defined politics in the early decades, with national security concerns essentially resulting in a non-Communist military dictatorship. An amazing economic revival and the benefits of prosperity led to increasing steps towards full democracy. But national security, legally embodied in the National Security Act, still hung over Korean society. The tenuous situation with South Korea’s neighbors to the north led to both governments and the people preferring some degree of curtailment of civil liberties to address the ever-present threat of a return to armed hostilities. That stance only seemed to become more entrenched as North Korea developed its nuclear weapons capabilities and intercontinental ballistic missile program.

Forging a political and legal system

National security concerns are balanced by fundamental rights anchored in the Constitution of the Republic of Korea. Periods of low tension, particularly the so-called Sunshine Policy period at the turn of the millennium, even facilitated some loosening of the otherwise paramount national security legal umbrella. Nonetheless, a majority of Koreans still favors a retention of the National Security Act, despite the insistence on its abolition by North Korea. During a visit to the Korean Supreme Court, we trace the evolution of this all-important dynamic in modern Korean society.

Sunshine Policy, and Sunset- Continuing Division

The Sunshine Policy period and more recent inner-Korean dialogue have led to hopes of a unification, or at least a normalization of relations. But progress has sometimes been a case of “one step forward, two steps back.” Meanwhile, an entire generation from families with members on both sides of the 38th parallel continues to fade. During a second visit to the border, we see the different ways in which Koreans deal with this personal tragedy. This includes both the practice of honoring ancestors (covered in the first Lecture) to a more light-hearted tourist approach to the realities of separation.

Where does Korea go from here?

The situation on the Korean peninsula remains as unpredictable as ever. Economic cooperation such as the Kaesong Industrial Complex (KIC) provided some glimmers of hope, only to be dashed when operations at the KIC are suspended or shut down. Missile tests by North Korea concern not only the neighbors to the south, but also others in the region. Japan worries about being a direct target, while China is concerned about a massive exodus across its border with North Korea should conflict return. The United States continues to be a key player in the region, and still has thousands of troops stationed in South Korea as a continuing legacy of the Korean War. President Donald Trump surprised many by actively cultivating a relationship with Kim Jong-Un, the third dynastic leader in North Korea’s history as a state. This even entailed a visit to Panmunjom and a mutual walk across the 38th parallel by the leaders. Whether that, or any other developments, leads to a change in North-South relations remains to be seen. The waiting game on the Korean peninsula continues, while the danger of nuclear conflict remains very real.