S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) Journal of Korean Law Journal of Korean Law Volume 01 Number 1/2 (2001)
New Conflict of Laws Act of the Republic of Korea
- SUK, Kwang Hyun
- Issue Date
- BK 21 law
- Journal of Korean Law, Vol.1 No.2, pp. 197-223
- The Law amending the Conflict of Laws Act of The Republic of Korea(“Korea”), which had taken two years to prepare, was promulgated on April 7, 2001 and finally took effect as of July 1, 2001. The name of the Conflict of Laws Act has been changed from “Seoboesabe op”to “Gukjesabeop”. In fact the Old conflict of laws Act(“Old Act”) was promulgated in 1962. However, since the Old Act was modelled after the German Private International Law (EGBGB) and the Japanese International Law (Horei) which had been promulgated toward the end of the 19th century, the Old Act was viewed as outdated from the moment of its promulgation. Now at the beginning of the new Millennium one can say that through the promulgation of the New conflict of laws Act(“New Act”), Korea has succeeded in reflecting in its codification substantial parts of the major developments of the private international law which the advanced countries achieved during the last century.
The purpose of this memo is to make a brief presentation of the New Act without discussing its individual provisions. An English language translation of the New Act
prepared by myself is attached at the end of this memo.
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