COLUMBIA JOURNAL OF ASIAN LAW

FALL 2008

CONTENTS

ARTICLES
A LEGAL AND CULTURAL COMPARISON OF

FILE-SHARING DISPUTES IN JAPAN

AND THE REPUBLIC OF KOREA AND
IMPLICATIONS FOR FUTURE CYBER-

REGULATION

THE DAWN OF THE DUE PROCESS

PRINCIPLE IN CHINA

THE UNDER-PROTECTION OF WOMEN

UNDER KOREAN CRIMINAL LAW

NOTE
CAN THE INTELLECTUAL PROPERTY-

HUMAN RIGHTS FRAMEWORK BRIDGE
THE GAP BETWEEN VIETNAM'S LEGAL

REALITY AND RHETORIC?

John Leitner

Haibo He 57

Kuk Cho 119

Christine T. Phan 143

VOL. 22 NO.1



ACKNOWLEDGMENT

The Columbia Journal ofAsian Law gratefully acknowledges the generous
grant from the Parker School of Foreign and Comparative Law which made the
establishment of the Journal possible.

EDITOR'S NOTE

Published semi-annually under the auspices of the Center for Chinese
Legal Studies, the Center for Japanese Legal Studies, and the Center for Korean
Legal Studies at the Columbia University School of Law, the Columbia Journal of
Asian Law is the successor to the Journal of Chinese Law, which commenced
publication in 1987. The Columbia Journal ofAsian Law provides a forum for legal
practitioners and scholars from Asia, the United States, and elsewhere to discuss the
broad range of issues that relate to law in the countries of Asia. The Columbia
Journal of Asian Law welcomes multidisciplinary, historical, and comparative
manuscripts, as well as those describing and analyzing aspects of contemporary law
and practice. As part of this effort, the Columbia Journal ofAsian Law maintains a
World Wide Web site, located at http://www.columbia.edu/cu/asiaweb.

The Columbia Journal of Asian Law welcomes your financial support.
Contributions can be sent to:

Columbia Journal of Asian Law
Columbia Law School

435 West 116 th St.
New York, NY 10027

asianlaw@law.columbia.edu