S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) Journal of Korean Law Journal of Korean Law Volume 06 Number 1/2 (2006)
Korean Administrative Case Decisions in ‘Law and Development’ Context
- Kim, Daein
- Issue Date
- BK 21 law
- Journal of Korean Law, Vol.6 No.1, pp. 69-90
- Law and Development; Administrative Guidance; Transparency; Administrative Act; Information Disclosure Act; Government Procurement Act
- In Law & Development Context, Korean administrative case decisions show good example of how they are related with public governance and economic development. From the above arguments, we can see following four points.
First, Korean economic development in early stage (1962-1979) is indebted more to ‘efficient’government rather than ‘transparent’ government. Most of these efficiencies were accomplished by
public agency’s broad discretionary power through ‘administrative guidance’. In this period, judiciary was reluctant to engage in government’s discretionary power conducted through administrative guidance. After accomplishing basic economic development, more emphasis was laid upon transparency of government. Second, in each stage of economic development, the Korean government used globalization differently. In the early stage, the Korean government supported enterprises to increase export through administrative guidance. Globalization in this period was somewhat limited.
After establishing basic economic development, the Korean government faced the liberalization of global economy in more positive manner. Strengthening transparency of government procurement through joining WTO GPA took place in this stage. Third, in establishing legal system concerning
transparency of government, it was important to actualize the spirit embodied in the Constitution. The Supreme Court and the Constitutional Court took a critical role to make the Administrative Procedure Act and Information Disclosure Act work well according to the spirit of Constitution. In addition, the democratization of Korean society was a basis for this phenomenon. Fourth, in order for transparency related statutes to firmly establish their roots, people’s awareness on the rule of law needs to increase.
Many important decisions are pouring out from the Constitutional Court and the Supreme Court, and these decisions are widely discussed among non-legal professionals. Also, the rapid development of internet industry facilitated people’s access to legal resources. These phenomena are expected to increase people’s awareness on the rule of law.
International economic environment changed a lot in contrast with that of Korean early economic development. Therefore, the Korean experience cannot be applied universally to other developing countries. However, even in today’s world, the role of state in economic development should be emphasized, and I think Korean experience can be an important reference from which developing countries can learn.
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