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Problems and improvement measures of legal sentences in supreme court's ruling

  • DONG-A LAW REVIEW
  • 2017, (75), pp.1-55
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : April 16, 2017
  • Accepted : May 24, 2017
  • Published : May 31, 2017

HA TAE YOUNG 1

1동아대학교

Accredited

ABSTRACT

1. “It is regrettable and sad. Esoteric words and long and stuffy sentences are criticised. It is recommended that long sentences are divided into several ones; sentences need to be ended when subjects are changed; if sentences are more than three lines, a period needs to be placed at the end of the sentence; and deductive structures need to be used. There are problems in Korea's sentencing because of the way in which sentences are structured. The sentences can return to the right grammar when they are re-written with the verbs becoming the center.” - (Ko Jong Ju, legal principles and reality of trials -The way to understand and express lawsuits- Bobmunsa, 2011, 142 pages) 2. “Two principles of making sentencing- Dignified and easy. Simple words and short sentences. Clear and brief key points. No difficulties in understanding when heard verbally. Active sentences are used. Simple positive forms are used. Specific and vivid representations are used and deductive structures are used in argumentation. Grammatically correct and sentences are used in a correct way. Final checks are conducted to see if rulings are complete in themselves. Good rulings have a high degree of completion. Rulings need to be clear and leave no room for misunderstanding. Rulings need to be written in a smooth way. Rulings need to be refined, and they need to be aromatic and beautiful dishes which contain courts' views, national opinions, valuable opinions, and hopes.” - (Ko Jong Ju, legal principles and reality of trials -The way to understand and express lawsuits- Bobmunsa, 2011, summary of 125-233 pages). 3. “Massive sentence chunks need to be changed. Rulings need to be written briefly and clearly. Rulings can be explained even when they are summarized with key points. Important national documents with compelling forces are the writings which persuade parties concerned. Rulings need to be written with verbs as centers. The end of processes need to be clearly reminded for accurate understanding of meanings.” - (Ko Jong Ju, legal principles and reality of trials -The way to understand and express lawsuits- Bobmunsa, 2011, summary of 125-233 pages). 4. “As rulings are practical documents, it is not recommended to use methods or forms which remind us dull writing of academic papers. ① short sentences, ② putting subtitles and numbers for each points, ③ using deductive structures which place conclusions first, ④ properly utilizing diagrams, modifications and notes. After brackets are removed, the intentions are smoothly expressed in sentences. This is the reason why there should be a dictionary of synonyms besides a Korean dictionary of many examples.” - (Ko Jong Ju, legal principles and reality of trials -The way to understand and express lawsuits- Bobmunsa, 2011, summary of 157-160 pages). 5. “Great sentences that remain in history for a long time are easy sentences in many cases. Many people hope to see the rulings of great sentences which would live in lips and hearts of people for a long time. There should be language liberation. A movement to reform legal sentences and writing in legal circles should spread.” - (Ko Jong Ju, legal principles and reality of trials -The way to understand and express lawsuits- Bobmunsa, 2011, summary of 167-169 pages).

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