The Rule of Law in the Republic of Korea

法治在韓國的發展曾發生過許多的混亂與不穩定,這就像世界上其他地方在民主道路上的發展。然而,韓國的法治與其快速的經濟發展間的錯縱連結提供了一個展現韓國法治多樣形式的特殊觀點。本文首先描述了法治發展的諸多細節層面及刺激其在韓國發展的主要影響。從韓國自身經驗所得到的教訓證明了民主國家的法治發展已經適應了每個國家特殊的歷史與需求,法治的普遍要素已經被不同的文化所共享且與時俱進的保留。更甚者,韓國的例子說明了當社會在建立法治上創造卓越的進步時,對政府與法律程序所固有的不信任感可以被時間所克服。

The development of the rule of law in Korea occurred with much turmoil and uncertainty, much like the path towards democracy in other parts of the world. However, Korean rule of law and its intricate link to Korea's own rapid economic development offer a unique perspective that demonstrates the variety of ways and forms in which the rule of law may be established. This paper will first describe in more detail various aspects of the development of the rule of law in Korea and the major influences that facilitated it. The lessons drawn from Korea's experience demonstrate that while development of rule of law in a democratic society is adapted to the unique history and needs of each nation, the same general elements of the rule of law are shared across various cultures and have remained consistent over time. Moreover, the Korean case illustrates that even when a society makes remarkable progress in establishing the rule of law, deeply entrenched distrust of government and legal processes may be a legacy that takes time to overcome.