Korea is now exporting its legal decisions, reports the Chosun Ilbo (English).
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Korea is now exporting its legal decisions, reports the Chosun Ilbo (English).
Korea News via Google
24 Comments
Legal decisions like “if a car runs a red light and hits your car, you are partly responsible”? Swell.
If one does business in Korea, they should know what to expect though even if their rulings may sometimes read like Ripley’s “Believe it or not”.
Not to mention the libel laws. Greaaaaaat…
Sorry for the O/T, but earlier there was a debate as to whether the anti-KORUS FTA protests were an anti-U.S. play. Well, it looks like they were:
http://english.chosun.com/w21d.....90025.html
The Euros are getting off easy on their FTA.
Ah, Cambodia, that proving ground of the rule of law, is importing Korean judicial reports. You go girl! Tell the Chosun Bimbo to check back in when a respectable foreign jurisdiction actually cites a Korean decision as dispositive precedent, i.e., in the sense of one to be followed, not as an object lesson in what to avoid.
Is this newsworthy?
The English edition of “Supreme Court Decisions” is becoming popular overseas, so much so that it has become essential for judges traveling abroad for business or study to take the publication with them.
‘Popular’? So some Cambodian wants her own set, instead of having to hoof it over to her colleague’s office when she needs to look something up? That doesn’t indicate popularity - just usefulness or convenience.
Want to see popularity and gratitude? Try giving them some Harry Potter books for their kids instead.
I would like to see a copy of this volume (or two-volume set). The Korean legal system is not the worst in the world — in fact, it might be the third- or fourth-best in Asia if Australia and New Zealand are not “in Asia” but Hong Kong and Singapore are. I have a client making a major commodities investment here in Korea because Korea is (i) close to Northern Chinese ports and (ii) blessed with a reliable judiciary. That makes it safe to store commodities here for re-export to China.
We have to remember that for places like Cambodia, Indonesia, and the Philippines, to say nothing of Africa, Korea’s development — which could not have taken place without the foundation of its legal system — is a shining beacon and something to emulate. Korea is not an appealing model for Canada or Denmark, but for the vast majority of the human race this place has something pretty special.
I edited the translation. The Supreme Court and Con. Court provides the translated work online. Take a look and comment.
The legal system has the most developed Constitutional Law in Asia and a legal system that is far more transparent than most legal systems in Asia.
Meanwhile, back in the Cambodian Embassy, the Korean Supreme Court book is an endless supply of “WTF” jokes and banter. Good times.
Sean, I’d like to repay a debt of gratitude by offering my thanks for the many good columns you wrote, both for the newspaper and for your blog. The information you provided was very helpful, not the least because it was so clearly written. I’m glad to see that your blog is up and running again, and I’ve bookmarked it.
I hope that you’ll be kind enough to also share your insight on this blog as well. Lord knows, you’d be doing this community a real favor. Anyway, thanks again.
I must admit to not realising that there was such a business in law export although I should have realised it by now.
I must admit that I have always felt more comfortable in Korea (legal wise) than in many other countries in Asia and the Middle East.
Having spent time in Cambodia I can well understand their asking for something like this. The troubled times they suffered in the not too distant past have left a legacy of a lack of experience in the older generations that would normally help in the construction of laws and in the judging of them.
Getting numbers of rulings for free is a big plus for them.
Thomo the lost wrote:
‘I must admit that I have always felt more comfortable in Korea (legal wise) than in many other countries in Asia and the Middle East. “
That’s a tremendous understatement considering the flag next to your ID.
One of the interesting things this article reveals is the pride Korea takes in exporting law. When I did a naver search for books on Korean legal transplants the only one I could find was about Korean exports to other countries (e.g. Kazahkstan).
For some of the more legally aware commentators here, what do you people think of the Korean attitude towards legal imports?
How does a lawyer’s education (US LLM) affect their attitude towards foreign law?
Are German and Japanese law losing their prestige to US law?
How thoroughly has American law really penetrated Korea?
Do Korean lawyers actually adopt methods/practices/forms of American law firms?
A footnote: I met a former employee of a large Korean law firm and she told me that any considerations of foreign influence on Korean law are secondary to the reality that, as she says, “the legal system is institutionally corrupt,” and she cites the hiring former govt officials to lobby the judge.
“The English edition of “Supreme Court Decisions” is becoming popular overseas, so much so that it has become essential for judges traveling abroad for business or study to take the publication with them.”
That’s quite a grandiose claim. Shouldn’t it be “traveling abroad to Korea” instead?
Given that Brendon is the resident cynic par excellence, if he sees some legitimate points to be made in all this, I’m going to go with him. But the article did smell of puffery. I recognize it, because we Canadians do it, too. I’m sure someone else here has pointed out that on Canadian newscasts, every time the Space Shuttle is mentioned, its most important feature is, of course, its CanadArm(TM).
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in which language?
Jumping on the bandwagon the MOFE sent a copy of Milking it: Enjoy the Benefits of “Developing State” Status Forever, the KNP sent the technical manual Snoozin’: Modify Your Cruiser for Maximum Napping Comfort, and the MOFAT sent the complete set of Near Nation, Far Nation.
Seouldout:
Seems like if you’re going to emulate jurisprudence it would be better to pattern it after the nation Korea’s is mainly based on, Germany, and cut out the middleman–but I defer to Mr. Carr on this.
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> Mr. Pawigirôgi, I’ve mentioned repeatedly that I will miss many an inappropriate post. I can’t, and won’t, read them all, and have invited people to point them out to me if I’ve missed something by finding me online at MSN messenger (I’m at “guess this part” @fastmail.jp). /oranckay.
I don’t know if this is an “inappropriate comment” or not, but I don’t much care for people re-writing others’ chosen names. Our “friend” pawikirogi should be the final arbiter of how his handle is spelled — it’s not “Pawigirôgi” and it’s quite arrogant to presume that it should be.
As someone whose name is “spelled wrong” (it’s not), I have to endure so many helpful corrections that I’m sensitive to the issue.
baduk, pawikirogi, railwaycharm, and the rest of the brigade of characters who for whatever reason choose not to capitalize their handles — it’s their choice and we should respect it! We don’t have to like it — the Koreans who make up their own Mr. Mxyzptlk spelling as a “pronunciation aid” drive me nuts — but we should not arrogate to ourselves the right to decide whether they’re “right” or “wrong” on that choice.
Hey, If I had the choice, I would capitalize my handle. Marmot, how can I do so?
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