Law And Society In Korea

‘As dynamic as legal change has been in South Korea, it has also been understudied, at least until the arrival of this wonderful collection of essays. The authors, who are all leading figures in the field, demonstrate convincingly that Korean experience is relevant to many of the contemporary questions in law and society studies. Every law and society scholar should read this book.’
– Tom Ginsburg, University of Chicago, US

This book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful.

The contributors examine societal and historical conditions that are reflected in – or that were shaped by – the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed, the contributions provide novel views, theories and information about South Korean law and society.

Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this book will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book.

Contents:

Preface

PART I: HISTORY AND CULTURE
1. Law and Development: The Korean Experience
Dai-kwon Choi

2. The Rule of Law and Forms of Power: Theorizing the Social Foundations of the Rule of Law in South Korea and East Asia
Chulwoo Lee

3. Colonialism and Patriarchy: Where the Korean Family-head (Hoju) System had been Located
Hyunah Yang

PART II: THEORY AND METHODOLOGICAL QUESTIONS
4. Korean Perception(s) of Pyungdeung (Equality)
Ilhyung Lee

5. The Normative Phenomenon of Public Sector in Korean Society
Jeong-Oh Kim

6. The Legal Development in Korea: Juridification and Proceduralization
Sangdon Yi and Sung Soo Hong

PART III: CRITICAL ISSUES IN LAW AND SOCIETY IN KOREA
7. The Making of Public Interest Law in South Korea via the Institutional Discourses of Minbyeon, PSPD and Gonggam
Patricia Goedde

8. Recent Reforms in the Legal Profession and Legal Education
Dohyun Kim

9. The Constitutionalisation of the Representative System in Korea
Kuk-Woon Lee

10. Transitional Justice in Korea: Legally Coping with Past Wrongs after Democratisation
Kuk Cho

Index