- The Address
- The year 2006 marks the 50th anniversary of the establishment of the Korean Society of Law.
On July 16, 1956, a group of Korean legal professionals gathered at the Supreme Court in Seosomun, Seoul to hold a General Assembly for the Promoters of the Establishment of the Korean Society of Law. On July 31, they received permission from the Minister of Justice to establish the Society.
The founders of the Korean Society of Law believed that Korea was in dire need of a democratic rule of law and the establishment of a modern legal system. Further, the country was caught in a transitional phenomenon. The Korean legal system was based on the Chinese system and its founding theories. Most legal professionals at the time did not have the resources to familiarize themselves with the Anglo-American legal system, which is an adversarial system compared to the existing system at the time. The traditional Chinese legal system is at times incompatible with concrete facts. By integrating Anglo-American and other foreign law that emphasized concrete validity, there was potential to create a holistic Korean legal system based on law and order. With the support of our American peers, the Korean Society of Law was established as a joint research organization by and in support of Korean legal professionals.
During the modernization of the Joseon Dynasty, Korea fell under Japanese colonial rule for 36 years. It was not possible to fully adopt a modern democratic rule of law during this time, but Korea did experience aspects of the Western European legal system during colonial rule.
Liberated from Japan on August 15, 1945, the Republic of Korea was established on July 17, 1948, with a modern democratic constitution that incorproated values such as Jugwonjaemin (Popular Sovereignty), the protection of basic rights, and the separation of powers. However, a lack of resources and experience in handling a democratic rule of law prevented the Judicial administration from advancing.
Political and economic difficulties were heightened due to the Korean War, which began on June 25, 1950. Following the ceasefire agreement in 1953, the founders explored the idea of introducing Anglo-American common law, as England, by this point, had developed close ties to Korea. With the support of various lawyers and institutions in the United States, including Dr. Robert G. Storey, Dean of the Southern Methodist University Law School in the United States, a research institute where all legal professionals such as judges, prosecutors, lawyers, and law professors could participate was formed and resulted in the establishment of the Korean Society of Law in July of 1956.
As a group of legal professionals in Korea whose members are from academic and non-academic circles, the Society has led the development and globalization of judicial administration and legal culture in many ways. It established the information provision of legal libraries, offers lectures on topics such as Anglo-American law, set up law societies, organizes academic symposia, publishes Korean law in English, publishes The Justice, organizes international conferences, arranges overseas education programs, and acknowledges noteworthy juridical papers.
When the Society was established, Korea had a population of approximately 21.5 million people. There are approximately 47 million people today. Korea has achieved remarkable economic success becoming the world's tenth largest trading partner with an export value of US $254.2 billion and a per capita income of over US $10,000. A member of the WTO and OECD, Korea has entered the ranks of developed countries and participates in the world economy.
The legal profession in Korea has grown in proportion to economic development. The profession, with less than 1,000 individuals at the time of the establishment of the Society, now includes over 12,000 individuals. Furthermore, the Supreme Court, Constitutional Court, Ministry of Justice, Prosecutor's office, the bar association, law schools, and various other law societies have gained an international foothold. With this increase in international status, Korean lawyers have become judges in the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, and the International Court of Justice.
Alongside the rapid growth of the Korean judicial system, there remain deficiencies and the discussion of judicial reform continues. To increase public confidence in the judiciary and become a frontrunner in implementing the rule of law, the introduction of advanced legal systems as well as predictability, transparency, and legal stability must be ensured in all legal proceedings. Efforts to further elevate the public’s consciousness by establishing fairness and strictness in law enforcement are necessary. The introduction of an Anglo-American legal system to a legal framework based on Chinese law has resulted in the globalization of Korean law. However, it is necessary to reflect on the inherent values of our legal system particularly those aspects that may serve as examples to developing countries.
The goal of the 50th anniversary of the Korean Society of Law is to reflect on the past and look toward the future.
I would like to extend my sincere gratitude to Dr. Chung Sung-Jin, the current Head Commissioner of the National Integrity Committee and a former director of the Korean Society of Law for his generous financial support throughout 50 years of publication of The Justice, as well as Professor Choe Jong-Go of Seoul National University, College of Law, for providing an overview of the Society's 50-year history. I would also like to thank the Secretary General of the Society, Dr. Kim Wan-Soo, for organizing the information in detail.
- May 15, 2006
Korean Legal Center Director Lee Jae-hoo
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