Litigation in Korea

Litigation in Korea

Elgar Korean Law series

Edited by Kuk Cho

This informative book provides an overview of the law and judicial institutions pertaining to litigation in Korea, as well as a selection of important court decisions.

Chapter 10: Korean Administrative Cases in ‘Law and Development’ Context

Daein Kim

Subjects: asian studies, asian law, law - academic, asian law


Daein Kim I. 1. INTRODUCTION ‘Law and Development’ Movement in Korea ‘Law and Development (L&D)’ is a term usually used to describe legal assistance programs for developing countries and related academic work. This movement was initiated by developed countries such as the US, and European countries, followed by Japan. But this movement experienced ups and downs since its launch in the 1960s. Originally scholars sought to develop a theory on the role of law in state and market development that can be integrated into a general modernization theory. Furthermore they thought this modernization theory could be applied to developing countries as well (Trubek 2001: 8443). However, this theory did not fit squarely with the developing countries’ cultural and political situation. The L&D movement was criticized as ethnocentric and naïve (Trubek/Galanter 1974: 1062–102). This critique was taken by many to be a denunciation of the movement. As a result, L&D lost its momentum. In the 1990s, however, this movement revived at the end of the Cold War and the collapse of communism in Eastern Europe and the former Soviet Union (Trubek 2001: 8443–4). Recently this ‘law and development’ movement has gained popularity in Korea as well. The reason for that can be explained as follows. Developing or transition countries in Asia are becoming more interested in the Korean experience of economic development and the role of law. Since these countries regard the legal systems of developed countries as inaccessibly advanced, they think those systems...

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