How do Law and Justice Operate in Korea? 한국에서의 법과 정의

소개글

How do Law and Justice Operate in Korea? 한국에서의 법과 정의에 대한 보고서 자료입니다.

목차

서론
I. 전통사회의 법과 정의
1. 한국에서의 법의 개념
2. 법과 예
3. 전통사회의 법의 발전
4. 동아시아 보통법의 모색

II. 현대사회의 법과 정의
1. 한국의 사법구조
2. 한국의 법리학
3. 현대인의 법에 대한 인식

III. 북한의 법과 통합의 모색
1. 북한법의 이해
2. 북한법과의 통합 모색

결론

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Preface
I. Traditional Law in Korea
1. Concept of ‘Law’ in Korea
2. Traditional legal Thoughts in Korea
3. Law and ‘li(禮)’
4. Relevance of ‘East Asian Common Law’

II. Law and Justice in Contemporary Korea
1. Conception of the Juridical Person in East and West
2. Reception of Western Law in Korea
3. Confucianism and Law in Korea
4. The judicial System of Korea
5. Contemporary Legal Consciousness in Korea

III. Law in South and North Korea
1. North Korean Law
2. Possibility of Legal Reunification

Conclusion

본문내용

aracteristics and problems.
Some scholars assert that North Korea is more Confucian than South Korea. The succession procedure of Kim Ilsung’s political power by his son Kim Jongil was infused with some Confucian features. South Korean politics and ‘rule of law’ is also described as not a mere imitation of Western patterns. The political behavior of the Presidents from Rhee Syngman through Park Chunghee appeared distinctively Confucian. Accordingly, South and North Korea could reassure each other of their homogeneity or sameness through Confucianism. Ibid.. p.332..
Generally speaking, the situation in South Korea is much better than in North Korea. However, we should not forget that such a fact cannot be grounds for justification of South Korean human rights. Both South and North Korea still have many problems concerning human right. We should continuously strive for the improvement of human rights, even though no country is perfect in human right reality.
Conclusion
How is justice phenomenologically discussed and realized in Korea? How much can Korean people learn about justice from their history? Confucian tradition positively evaluates justice from their history? Confucian tradition positively evaluates justice or righteousness, but the scope of ‘Confucian justice’ is more fundamental and broad. The experiences of justice in Korean history have been dynamic and complex. Korean people have suffered numerous invasions from China and Japan, and thirty-six years of Japanese rule. The Korean government has changed several times after liberation. International politics did injustice by dividing Korea into North and South. This may explain why contemporary Koreans hardly differentiate justice from efficiency.
Many Korean people are aware of the importance of justice in the current society. But many enterprises and organizations have their ethical codes to follow. So realizing justice in Korean society is not easier.
The Korean law and legal system is currently under a serious review and self-criticism. Despite all the negative factors in its history, Korea has tried to establish a democracy through the rule of law. And now, the contemporary society needs a substantial rule of law. The contents of the ruling laws must be just. Finding ways to preserve the just laws and legal system is the most important and real task of South and North Koreas.
Reference
ByeongJyu Kim, The Radical Problems in Law Philosophy, BoepMunSa,1988.
Chongko Choi, An Outline of Law, PakYoungSa, 2006.
Chongko Choi, History of Korean Legal Thoughts, Seoul National University Press,
2001.
Chongko Choi, Korean Traditional Law and its Moderninzation, Transaction of Royal Asiatic Society, Seoul National University Press, 1989.
Chongko Choi, Law and Ethics, KyengSaeWon, 2000.
Chongko Choi, Law and Justice in Korea : South and North, Seoul National University
Press, 2005.
InKyung So, Judicial Sysyeam of Korea, HongMunSa, 1999.
SeonYoung Park, An Outline of Law, DongHyun Press, 2004.

키워드

법과 전의,   북한법,   law and justice