CONCLUSION
The notion of due process produced �procedural justice’ in Anglo-Saxon legal regimes and prevents us from being tripped up by arrogance, as lawyers in Roman Civil Law countries could easily be by thinking that �Justice lies in the codes and lawyers perfectly know about it.’ The fact that the Korean Constitution in 1987 expressly adopted a due process clause implies that we reflected upon the dark history of misuse and overuse of law and suppression of human rights in the name of �law’ under military regimes for a quarter of a century.
For this reason, the due process clause in the Korean Constitution is one of the most crucial constitutional provisions in terms of human rights protection. Its importance cannot be overemphasized. We should continuously focus on developing the theories and precedents of the due process clause to make it a kernel provision for �human rights protection’ much as it functions in countries following Anglo-Saxon legal traditions, including the United States.
Source:
Cho Kuk. Litigation in Korea. Northampton: Edward Elgar Publishing Limited,2010. — 257 p.. 2010
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