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Reconsideration of the Comparative Method in Legal Systems

  • DONG-A LAW REVIEW
  • 2009, (43), pp.221-242
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Woongkil Han 1

1동아대학교

Candidate

ABSTRACT

In Korea, the comparative jurisprudence was emphasized to find a good model from foreign country, especially Europe or America. The Effort for learning advanced legal systems is very splendid thing for making good laws in Korea. But it is not desirable only to learn foreign legal systems one-sidedly in the future. Because it means either a shameful thing(=we have nothing good to teach another countries) or a foolish thing(=we must pay great money in order to import foreign legal culture always). I want to propose comparative method to teach(export) Korean legal system to foreign countries. It is necessary work for successful education of foreign students in Dong A University and Dong A Graduate School to reconsiderate the comparative method in legal systems. The object of comparative study are two institutions. One is regulation of standardized contract. It(=regulation of an unfair agreement) is very different in regulative formality, but similar in regurated contents among China, Japan and Korea. Another is creditor's right of revocation. It is very similar in regulative formality, but different in regurated contents among China, Japan and Korea. Especially Korean Civil Law reform (2007.12.21) make creditor in future go to the court, a basis on claim for division of property before divorce(Article 3 of the 839th Korean Civil Code). I presented my opinion about this Article.

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