Law Chapter 13: Retroactive Law and Double Jeopardy
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Questions and Answers

What is the main purpose of Article 13(3)?

  • To protect the freedom of occupation
  • To restrict the establishment of schools
  • To allow the government to restrict residence
  • To prohibit retroactive legislation of criminal law (correct)
  • What is the consequence of disobeying a resident's demand to vacate their premise?

  • The same punishment will be applied as if you intruded into the residence (correct)
  • You will be barred from entering Seoul
  • You will be punished for a crime
  • The government will restrict your residence
  • What is the exception to the freedom of occupation?

  • If the occupation is illegal (correct)
  • If the occupation is for public welfare
  • If the occupation is not approved by the resident
  • If the occupation is restricted by the government
  • What is the effect of retroactive legislation of criminal law?

    <p>It is unconstitutional</p> Signup and view all the answers

    What is the purpose of Article 16?

    <p>To protect from infringement by the government or public power</p> Signup and view all the answers

    What is the consequence of failing to comply with a notice of call for military service without justifiable grounds under Article 88 of the Military Service Act?

    <p>Imprisonment with labor for up to three years</p> Signup and view all the answers

    What is the contemporary understanding of the right protected by Article 17?

    <p>The inviolableness of private information and its management</p> Signup and view all the answers

    What is the significance of the 2018 Constitutional Court ruling on military service law?

    <p>It established that military service law must provide for non-combatant service</p> Signup and view all the answers

    What is a key aspect of the freedom of religion guaranteed by Article 20?

    <p>The freedom to change one's religion</p> Signup and view all the answers

    What is the principle underlying the relationship between the government and religion, as stated in Article 20?

    <p>The separation of religion and state</p> Signup and view all the answers

    Study Notes

    Retroactive Law and Double Jeopardy

    • A retroactive law is an act that looks backward or contemplates the past, affecting acts or facts that occurred before the enactment of that law.
    • Retroactive legislation of criminal law is unconstitutional.
    • Prohibition of deprivation of rights by retroactive legislation.
    • Double Jeopardy: multiple punishment for one crime is prohibited.

    Freedom of Residence and Movement

    • The government cannot restrict your residence to a specific location.
    • The government cannot bar your entry into a specific location.
    • You can travel to any place.

    Freedom of Occupation

    • Any activity for a living is allowed unless the activity is illegal.
    • Legal occupation can be restricted for the public welfare.
    • Freedom of occupation includes the freedom of enterprise.

    Right to Privacy and Protection of Personal Information

    • The right to be left alone without any interruption from outside.
    • Inviolableness of private information and its management.
    • People can communicate without any intervention from third parties.

    Freedom of Conscience

    • Conscience: an individual's thoughts and judgments about the value and nature of external things.
    • Both the creation and expression of conscience are left to individuals.
    • Not forced to do what you don't want to.

    Freedom of Religion

    • Whether to have a religion or not, and choice of religion are free.
    • Also free to change their religions.
    • Freedom of religion includes: Freedom of religious rituals, Freedom of missionary work, Freedom of assembly or association, and Freedom of education.
    • No state religion: the government cannot urge people to believe a certain religion and provide a certain religion with privileges over other religions.

    Freedom of Speech

    • Freedom of speech denotes the freedom to make personal or official speeches, the freedom to form opinions and to express them.

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    Description

    Test your understanding of retroactive laws, which affect past events, and double jeopardy, a prohibition against multiple punishments for one crime. Learn about the unconstitutionality of retroactive legislation in criminal law and more.

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