2003 Fiscal Year Final Research Report Summary
A Comparative Study of the Rule of Law in Korea and Japan with Reference to Cultural Notion of Personal Ties
| Project/Area Number |
14402006
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 海外学術 |
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| Research Field |
Fundamental law
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| Research Institution | The University of the Air |
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Principal Investigator |
ROKUMOTO Kahei The University of the Air, Professor, 教養学部, 教授 (70009827)
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| Co-Investigator(Kenkyū-buntansha) |
YAMAGUCHI Koichiro The University of the Air, Professor, 教養学部, 教授 (20053621)
HAMANO Ryo Rikkyo University, Professor, 法学部, 教授 (80267385)
TAKAHASHI Hiroshi Kobe University, Associate Professor, 法学部, 助教授 (40282587)
CHOI Dai-kwon The Seoul National University, Professor Emeritus
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| Project Period (FY) |
2002 – 2003
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| Keywords | Legal Culture / Korea-Japan Comparison / Judicial Reform / Litigation Rate / Legal Profession / Judiciary / Law and Society |
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| Research Abstract |
This research aimed at empirical, comparative analyses of the workings of the Korean and Japanese legal systems in the period when their social systems is moving from state directed to privatized systems. This research was conducted with cooperation of some Korean researchers mainly in English language. Data used included the existing data concerning Korean and Japanese lawyers (mainly judges and attorneys) as well those on the patterns of legal service provision in Japan. On the basis of a basic survey of the judicial system of the each country, and according to the choice of each participating researcher, the following topics were studied on both countries in a parallel fashion : the educational background of the lawyers, judicial career patterns, long term trends of litigation rates, the development of mega law firms, and judicial reform. It became clear that political and economic circumstances, notably the decade-long dictatorial government followed by a radical democratization as
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well as economic development in Korea in the 1980's, were indispensable factors in understanding diverging responses of the institutionally similar legal systems to the changing circumstances. The cultural notion of "En" (personal ties) was selected as a constant reference point for comparative analyses, but no attempt was made to establish its influence in empirical term. Rather, this notion was viewed as a background element persisting in the transformation of the legal processes and the systems of judiciary and legal profession corresponding to the changing historical, political and economic contexts as well as each legal system's efforts to cope with its changing circumstances. As results, some hypothetical propositions emerged. For example, the introduction of formal institutions in both countries, such as the rigorous examination system and the state-centered, bureaucratic organization of legal expertise, had the mission of cutting off the influence of personal relationships for building up a legal system of Western type capable of coping with the globalizing world. In the case of judicial reform, contrasting features of confrontation oriented style in Korean and consensus oriented style in Japan of managing institutional changes were suggested Less
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Research Products
(2 results)
