The Functional Transformation of Courts：Taiwan and Korea in Comparison

Jiunn-rong Yeh
1 Introduction

Part I: Courts in Constitutional and Administrative Adjudications
Jiunn-rong Yeh
2 Court-ordered Apology: The Function of Courts in the Construction of Society, Culture and the Law

Jong-ik Chon
3 The Effect of Constitutional Adjudication on the Judicial Branch: The Relationship between the Constitutional Court and the Ordinary Court

Wen-Chen Chang
4 The Evolution of Administrative Adjudication in Taiwan: A Model of Judicial Cooperation

Seong-Wook Heo
5 The Judicial Review Criteria in Korean Administrative Litigation: The Proportionality Principle in Korean Administrative Law and Democratic Accountability

Part II: Courts in Civil and Commercial Adjudications
Chung-jau Wu
6 The Law-making Function of the Court and the Necessity for a Second Amendment for Taiwanese Law of Contracts: An Observation from Leading Cases

Jinsu Yune
7 Judicial Activism and the Constitutional Reasoning of the Korean Supreme Court in the Field of Civil Law

Ching-Ping Shao
8 Beyond Uncertainty: Lower Courts’ Defiance in Insider Trading Cases

Hyeok-Joon Rho
9 Enforcement against Wrongdoing Directors: The Role of the Courts in Korea

Part III: Changing Courts with Civil and Criminal Procedural Reforms
Kuan-Ling Shen
10 The Role of the Courts in Civil Disputes in Taiwan

Kang-Jin Baik
11 Civil Disputes in Korea and the New Role of the Court

Rong-Geng Li
12 From an Inquisitorial to Adversarial System: The Recent Development in Criminal Justice of Taiwan

Kuk Cho
13 The Exclusion of Illegally Obtained Confessions, Electronic Communications and Physical Evidences in Korea

Contributors