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Informal Ways Versus the Formal Law in Korea

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Authors

최대권

Issue Date
1995
Publisher
서울대학교 법학연구소
Citation
법학, Vol.36 No.3/4, pp. 51-61
Keywords
aberrationsDeregulationlaw reform movement
Abstract
"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.
ISSN
1598-222X
Language
English
URI
https://hdl.handle.net/10371/5780
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