Mittwoch, 07. Mai 2014, 18:15 - 20:00 iCal

Vienna Taiwan Lecture Series

Confucianism that Confounds

Constitutional Jurisprudence on Filial Piety in Korea

SIN 1, Institut fuer Ostasienwissenschaften/Sinologie
Spitalgasse 2 Hof 2, Aufgang 2.3, 1090 Wien


Marie Seong-Hak Kim is Professor of History at St. Cloud State University and an Attorney at Law.

Is Confucianism compatible with modern constitutionalism? Korean law

includes a number of provisions that aim to sustain and promote the

Confucian ideology of filial piety. Of late many of them have been subject to

constitutional challenges that they violate the principle of equality. Notable

examples are the procedural laws that prohibit the filing of criminal complaints against lineal ascendants. In 2011 the Constitutional Court of Korea upheld the prohibition, finding that it was rationally related to the legitimate purpose of maintaining the traditional norm of filial piety. Neither the current Chinese nor Japanese Penal Codes has similar laws; Taiwan has similar provisions but they are less stringent than the Korean laws. It may indicate that Korea preserves the traditional legal provisions based on filial piety more faithfully and broadly than any other East Asian countries that shared Confucian culture.

Zur Webseite der Veranstaltung


Vienna Center for Taiwan Studies


Astrid Lipinsky
Universität Wien, Institut für Ostasienwissenschaften
4277 43844