Korean Bar Examination (변호사시험): core legal foundations key terms

A structured assessment of legitimate purpose, suitability, necessity and the balance between a measure’s public benefit and its restriction of rights.

The legally recognized interest that permits a person to seek a particular judicial remedy against the challenged action.

An exercise of public authority affecting a specific person’s rights or duties, distinguished from an instruction operating only internally.

A judicial challenge seeking cancellation of an unlawful administrative disposition within the requirements of the applicable procedural statute.

Interim judicial relief concerning the operation or enforcement of a disposition while the relevant dispute remains pending.

A statutory route for adjudicating specified constitutional infringements, subject to its own jurisdictional and procedural requirements.

The constitutional requirement that judges decide according to conscience and the Constitution and laws rather than executive instructions.

An act expressing an intention to produce legal consequences, whose validity must be assessed under the applicable substantive law.

An act lacking the intended legal effect because a governing rule treats the defect as invalidity rather than merely a right of rescission.

A doctrine protecting qualifying reliance on a representative’s apparent authority where the specific statutory requirements are satisfied.

A relationship between reciprocal obligations that can permit a party to withhold its performance until the other offers the required counter-performance.

An official recording that can be necessary for specified changes in real rights over immovable property arising from juridical acts.

The binding effect of a final judgment within the objective and subjective limits prescribed for the particular adjudication.

The allocation of the risk of nonpersuasion concerning facts necessary to establish a legal claim or defense.

The requirement that criminal liability and punishment have a legal basis rather than being created through an unfavorable analogy.

The mental element required for an intentional offense, which must be distinguished from negligence and inferred from relevant facts.

A justification addressing a current unlawful infringement under the conditions prescribed by the applicable criminal law.

A participant whose responsibility depends on the legally defined form of participation and its factual and mental requirements.

The legal eligibility of an item to be considered as evidence, distinct from its persuasive strength after admission.

Evidence supporting a defendant’s confession so that the confession is not the sole basis for a finding of guilt.

The framework restricting the use of out-of-court statements for their contents, subject to the applicable statutory exceptions.