JOBNAME: Yang PAGE: 1 SESS: 2 OUTPUT: Mon Dec 3 11:36:58 2012 Law and Society in Korea Columns Design XML Ltd / Job: Yang_Law_and_Society_in_Korea / Division: 00_Prelims /Pg. Position: 1 / Date: 24/10 JOBNAME: Yang PAGE: 2 SESS: 6 OUTPUT: Mon Dec 3 11:36:58 2012 ELGAR KOREAN LAW INASSOCIATIONWITH THE LAW RESEARCH INSTITUTE OF SEOUL NATIONAL UNIVERSITY Series editor: In Seop Chung, Law Research Institute, Seoul National University, Korea In the dramatic transformation Korean society has experienced for the past 40 years, law has played a pivotal role. However, not much information about Korean law and the Korean legal system is readily available in English. The Elgar Korean Law series fills this gap by providing authoritative and in-depth knowledge on trade law and regulation, litigation, and law and society in Korea.The series will be an indispensable source of legal information and insight on Korean law for academics, students and practitioners. Titles in the series include: Litigation in Korea Edited by Kuk Cho Trade Law and Regulation in Korea Edited by Seung Wha Chang and Won-Mog Choi Korean Business Law Edited by Hwa-Jin Kim Law and Society in Korea Edited by HyunahYang Columns Design XML Ltd / Job: Yang_Law_and_Society_in_Korea / Division: 00_Prelims /Pg. Position: 2 / Date: 28/11 JOBNAME: Yang PAGE: 3 SESS: 9 OUTPUT: Wed Dec 5 12:52:59 2012 Law and Society in Korea Edited by HyunahYang Professor of Law, Seoul National University, Korea ELGAR KOREAN LAW INASSOCIATIONWITH THE LAW RESEARCH INSTITUTE OF SEOUL NATIONAL UNIVERSITY Edward Elgar Cheltenham, UK + Northampton, MA, USA Columns Design XML Ltd / Job: Yang_Law_and_Society_in_Korea / Division: 00_Prelims /Pg. Position: 1 / Date: 5/12 JOBNAME: Yang PAGE: 4 SESS: 7 OUTPUT: Mon Dec 3 11:36:58 2012 © The Editors and Contributors Severally 2013 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the prior permission of the publisher. Published by Edward Elgar Publishing Limited The Lypiatts 15 Lansdown Road Cheltenham Glos GL50 2JA UK Edward Elgar Publishing, Inc. William Pratt House 9 Dewey Court Northampton Massachusetts 01060 USA A catalogue record for this book is available from the British Library Library of Congress Control Number: 2012943537 ISBN 978 1 84844 338 9 Typeset by Columns Design XML Ltd, Reading Printed and bound by MPG Books Group, UK 03 Columns Design XML Ltd / Job: Yang_Law_and_Society_in_Korea / Division: 00_Prelims /Pg. Position: 2 / Date: 3/12 JOBNAME: Yang PAGE: 5 SESS: 6 OUTPUT: Mon Dec 3 11:36:58 2012 Contents List of contributors vii List of abbreviations xi Preface xii PART I HISTORYAND CULTURE 1 Law and development: the Korean experience 3 Dai-kwon Choi 2 The rule of law and forms of power: theorizing the social foundations of the rule of law in South Korea and EastAsia 20 Chulwoo Lee 3 Colonialism and patriarchy: where the Korean family-head (hoju) system had been located 45 HyunahYang PART II THEORYAND METHODOLOGICAL QUESTIONS 4 Korean perception(s) of pyungdeung (equality) 67 Ilhyung Lee 5 The normative phenomenon of public sector in Korean society 93 Jeong-Oh Kim 6 The legal development in Korea: juridification and proceduralization 108 SangdonYi and Sung Soo Hong PART III CRITICAL ISSUES IN LAWAND SOCIETY IN KOREA 7 The making of public interest law in South Korea via the institutional discourses of Minbyeon, PSPD and Gonggam 131 Patricia Goedde 8 Recent reforms in the legal profession and legal education 150 Dohyun Kim 9 The constitutionalisation of the representative system in Korea 172 Kuk-Woon Lee v Columns Design XML Ltd / Job: Yang_Law_and_Society_in_Korea / Division: 00_Prelims /Pg. Position: 1 / Date: 28/11 JOBNAME: Yang PAGE: 6 SESS: 6 OUTPUT: Mon Dec 3 11:36:58 2012 vi Law and society in Korea 10 Transitional justice in Korea: legally coping with past wrongs after democratisation 189 Kuk Cho Index 225 Columns Design XML Ltd / Job: Yang_Law_and_Society_in_Korea / Division: 00_Prelims /Pg. Position: 2 / Date: 28/11 JOBNAME: Yang PAGE: 7 SESS: 6 OUTPUT: Mon Dec 3 11:36:58 2012 Contributors Yang, Hyunah Hyunah Yang is a Professor of Law at Seoul National University School of Law where she has taught Feminist Jurisprudence and Sociology of Law. She received a PhD from the New School for Social Research. Professor Yang’s main fields of research are feminist legal studies, postcolonialism and family law in Korea. The victim testimony research with emphasis on the Japanese Military Sexual Slavery survivors was another important area. She served as a President at the Korean Associ- ation of Gender and Law, and currently is a Commissioner at the National Human Rights Commission. Among her publications are ‘A Journey of Family Law Reform in Korea: Tradition, Equality, and Social Change’ (Journal of Korean Law, 2009); ‘Finding “Map of Memory”: Testimonies of Japanese Sexual Slavery Survivors’ (Positions, 2008); and ‘For the Communication of Legal Studies and Sociological Thinking’ (Seoul Law Journal, 2006). Cho, Kuk Kuk Cho is a Professor of Law at Seoul National University School of Law. He received an LLB in 1986 and an LLM in 1989 from Seoul National University College of Law; an LLM in 1995 and a JSD in 1997 from the University of California Berkeley School of Law. He was a Visiting Scholar, University of Leeds Centre for Criminal Justice Studies, UK (1998); a Visiting Research Fellow, University of Oxford Centre for Socio-Legal Studies, UK (1998); a Commissioner at the National Human Rights Commission of Korea (2007–2011); Member of Police Reform Committee under the National Police Agency (2003–2005) among others. Professor Cho’s academic interests include human rights law, constitu- tional law, and criminal law and procedure. Choi, Dai-kwon Dai-kwon Choi is a Professor Emeritus at Seoul National University and a Distinguished Professor at Handong International Law School. He teaches constitutional law and the sociology of law at both universities. He studied law at the Seoul National University College of Law and vii Columns Design XML Ltd / Job: Yang_Law_and_Society_in_Korea / Division: 00_Prelims /Pg. Position: 1 / Date: 28/11 JOBNAME: Yang PAGE: 8 SESS: 6 OUTPUT: Mon Dec 3 11:36:58 2012 viii Law and society in Korea received a PhD in political science from the University of California, Berkeley. His publications include Sociology of Law (1983); Law and Society (1992); and Constitutional Law (2001). He was Head of the Legal Education Reform Committee of the Presidential Advisory Com- mission for a New Education Community, and was also a member of the Presidential Advisory Commission for Judicial Reform. Goedde, Patricia Patricia Goedde is an Assistant Professor at Sungkyunkwan University School of Law. She received a JD and a PhD from the University of Washington School of Law. Professor Goedde’s academic interests include public interest lawyering, human rights advocacy, refugee law and North Korean studies. Among her publications are ‘Legal Mobiliza- tion for Human Rights in North Korea: Furthering Discourse or Dis- cord?’ (Human Rights Quarterly, 2010) and ‘Lawyers for Democracy (minbyun) and its Legal Mobilization Processes Since 1988’ (South Korean Social Movements: From Democracy to Civil Society, 2011). Hong, Sung Soo Sung Soo Hong is a Professor of Law at Sookmyung Women’s Univer- sity College of Law. He received an LLB and LLM from Korea University and a PhD from the London School of Economics and Political Science, and was a visiting scholar at the International Institute for Sociology of Law in Spain and the University of Oxford Centre for Socio-Legal Studies in the UK. Sung Soo Hong’s academic interests include philosophy of law, sociology of law, human rights, and regulation and he has written many articles on these areas. Kim, Dohyun Dohyun Kim is an Associate Professor at Dongguk University College of Law and teaches sociology of law and history of law. He received a PhD from Seoul National University. Dohyun Kim’s academic interests include sociology of the legal profession and sociology of dispute processing. Among his publications are ‘Civil Litigations in Korea: Trends and Analysis’ (Law and Society, 2009); ‘Career Patterns of the Korean Legal Profession’ (co-author, Judicial System Transformation in the Globalizing World: Korea and Japan, 2007); and ‘Death Penalty Cases and Social Scientific Evidence’ (Law and Society, 2011). Kim, Jeong-Oh Jeong-Oh Kim is a Professor of Law at Yonsei University and is currently President of the Korean Society for the Sociology of Law. He received an Columns Design XML Ltd / Job: Yang_Law_and_Society_in_Korea / Division: 00_Prelims /Pg. Position: 2 / Date: 28/11 JOBNAME: Yang PAGE: 9 SESS: 6 OUTPUT: Mon Dec 3 11:36:58 2012 Contributors ix SJD from the University of Wisconsin-Madison Law School. Among his publications are Liberal Virtues: Dialogue with Dworkin (co-author, 2012); ‘The Evolution of the Rule of Law in Korea’ (Yonsei Law Journal, 2010); ‘Korean TV Legal Texts and People’s Attitude of Reception’ (Law and Society, 2010); Contemporary Social Thought and Law: A Fate of Liberal Legal System (2007); Korean Legal Culture: Understanding, Structure and Change (2006); and ‘The Changing Landscape of Civil Litigation’ (Recent Transformations in Korean Law and Society, 2000). Lee, Chulwoo Chulwoo Lee is a Professor of Law at Yonsei University Law School. He received a PhD from the London School of Economics and Political Science; held full-time faculty positions at the Hankuk University of Foreign Studies and Sungkyunkwan University; and taught at the Univer- sity of Washington School of Law as Garvey Schubert Barer Visiting Professor of Asian Law. Chulwoo Lee’s academic interests include law and social theory, social history of law and citizenship studies. Among his publications are ‘Citizenship, Nationality, and Legal Status’ (Encyclo- pedia of Global Human Migration, 2013); ‘How Can You Say You’re Korean?’ (Citizenship Studies, 2012); and ‘Modernity, Legality and Power in Korea Under Japanese Rule’ (Colonial Modernity in Korea, 1999).