what is the traditional concept in korean legal system?
the modern legal system foundation process
1910~1945: japanese legal system was directly applied.
1945~1948: influenced by the american legal system.
1950s and 1960s: to eliminate most of the japanese legislation and to enact basic law following the american legal system.
1970s and 1980s: reflection of administrative changes, economic growth, social development.
1980s: changes to the constitution - the democratization movement by the korean public.
1993:first civilian government- adopt a more democratic reform and improve the legal system
1. the need to consider traditional korean legal system.
there is the variation between the positive law based on western legal system and the traditional concept based on confucianism.
the compulsory introduction of western legal system not by compromising with national legal consciousness.
2. traditional law viewed by historical fact.
1) the old chosun
law code consisting of eight articles
2) the age of three kingdom
the unfolding of relations with foreign states - significance of territorial expansion and foreign policy.
the influence of china in legal system: silla legal system is similar to tang's and koguryo is han's.
3)koryo
koryo is the period influenced tang and won. koryo legal system was made by copying tang's. the ´ë¸í·ü introduced at the end of koryo was received in itself.
4)chosun
the powerful influence of ¼º¸®ÇÐ(human nature and natural laws philosophy) as chinese thought.- also having an effect on legal system.
3.***traditional korean legal system and culture was established and improved being influenced by china, we can find out the community of legal culture. it is the characteristic of regulation by morality, patriarchy and common law.
korean traditional law had developed with chinese law and the ordinary legal consciousness was continued.
4.traditional concept in korean legal system.
traditional korean political philosophy was based on "confucianism"
so, law and legal institutions were undervalued and despised. in addition, people's tendency of that resorting to law represented a failure of moral leadership on the part of the sovereign and could never become a desirable political goal.
hierarchical distinctions of social status and official position and the force of social convention precluded the possibility of predictability in judical decision-making.
confucianism = the use of moral suasion.