Law and Custom in Korea
Comparative Legal History

Sets forth the evolution of Korea's law and legal system from the Chos?n dynasty through the colonial and postcolonial modern periods.

Marie Seong-Hak Kim (Author)

9781107006973, Cambridge University Press

Hardback, published 27 August 2012

364 pages, 5 b/w illus. 2 tables
23.6 x 15.2 x 2.8 cm, 0.66 kg

'The colonizer's role still sparks heated debates in Korea, despite little attention to it abroad. Marie Seong-Hak Kim brings new attention to the issue with a spirited polemic about the origins of private or civil law in Korea under Japanese colonial rule (1910–45).' Dennis L. McNamara, The American Historical Review

This book sets forth the evolution of Korea's law and legal system from the Chos?n dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the forces of Westernisation points to new interpretations of colonial history and presents an intriguing case for investigating the spread of law on a global level. In-depth discussions of French customary law and Japanese legal history also provide a solid conceptual framework suitable for comparing European and East Asian legal traditions.

1. Comparative reflections on the concepts of law and custom
2. Law and legal culture under the Chos?n Dynasty
3. Custom and legal reception: the Japanese precedent
4. Legal reforms in protectorate Korea, 1905–10
5. Colonial law and the legal system, 1910–45
6. Colonial jurisprudence and the construction of Korean customary law
7. The 'Japanese deviation': comparison of colonial customary law policies
8. Customary law in modern Korea
9. Conclusion: Korean law and custom in comparative perspective.

Subject Areas: Legal history [LAZ], Asian history [HBJF], History [HB]