Informal Ways Versus the Formal Law in Korea

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서울대학교 법학연구소
법학, Vol.36 No3-4 pp.51-61
aberrationsDeregulationlaw reform movement
"Informal" does not mean that it is not important. If "informal" ways significantly affect
the ways how the formal law works, this fact should not only be acknowledged to account
for the actual working of the law including possible "aberrations" but also taken
into serious jurisprudential considerations perhaps as a powerful evidence for needs to devise
another theory of rules of law and/or ethics. Our finding is that informal ways "significantly" affects the formal law ways.
"Deregulation" has been the catchphrase of the recent law reform movement in Korea
(since 1993). The outcry that the deregulation movement has not attained a noticeable
success has been heard loud, however, despite its avowed goal. As a matter of fact,
deregulation is designed to eliminate unnecessarily proliferated legal rules resulting in
inflexibility in the law that have formed bottlenecks everywhere in the legal administrative
processes. It is my contention that the proliferation of the legal rules and
the inflexibility has among others a lot to do with the prevalent informal ways as well in
the Korean context. Naturally our question includes what we should do or think about it.
The following will be addressed to the questions of how sure you are that informal ways
significantly function through the formal law ways in Korean society and of what you
mean by another theory of rules of law and/or ethics.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 36, Number 3-4 (1995)
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