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The Legal System of Pakistan and Its Implications for Republic of Korea

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2025, 13(1), pp.407~443
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : February 9, 2025
  • Accepted : February 20, 2025
  • Published : February 28, 2025

HoChang Roh 1

1호서대학교

Accredited

ABSTRACT

In today's Korean society, where low birth rates and an aging population are serious issues, and the decline in the school-age population is evident, the inflow of foreigners and coexistence with them have become essential. As one of the manifestations of this phenomenon, even at universities, we can encounter a significant number of foreign students, including those from China, Vietnam, and also a substantial number from Pakistan. This study was initiated by the necessity I felt upon observing the foreign students from Pakistan who have come to Korea to study at universities. Pakistan's legal system and institutions are hardly known in Korea, and there has been little research on them. However, given Pakistan’s geopolitical significance and the increasing number of Pakistani immigrants in our society, the need to pay attention to and conduct research on Pakistan is growing. In particular, since legal relationships ultimately govern all forms of interactions, it is essential to gain at least some understanding of their legal system and institutions. There are several aspects to consider when discussing the purpose and necessity of exploring Pakistan's legal system. First, Pakistan is a major country in South Asia, holding significant geopolitical and political importance. Due to this importance, various issues related to Pakistan are frequently discussed on the international stage, and among them, its legal system is a crucial factor. Pakistan’s legal system is a hybrid model influenced by Islamic Sharia law and British legal traditions. Understanding this system can be highly beneficial in engaging with Pakistan in various capacities. Second, interactions between Korea and Pakistan are increasing. The two countries are forming closer ties in areas such as trade, investment, and cultural exchanges. Within these interactions, the legal system is an indispensable factor. Regardless of the type of business or cooperation pursued, the foundation of all such interactions is ultimately the law. Therefore, thoroughly understanding Pakistan’s legal system and using it as a basis for Korea-Pakistan relations is of utmost importance. Third, this study holds significant academic value in Korea. Research on Pakistan is still scarce, and studies specifically focused on its legal system are almost nonexistent. Given this situation, this research can serve as a foundational study that will facilitate further academic exploration of Pakistan. Moreover, the insights and information gained from this study can also be applied to interactions with other Islamic countries. Fourth, the practical necessity of this research is substantial. Understanding Pakistan’s legal system can enable Korean businesses, government institutions, and civil organizations to collaborate with Pakistan more effectively. In particular, when Korean companies invest in or conduct business in Pakistan, having prior knowledge of potential legal risks will allow them to anticipate and prepare accordingly. By examining Pakistan’s legal system, this study aims to contribute not only to academia but also to real-world applications, enhancing Korea-Pakistan relations and fostering smoother interactions between the two nations.

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