Prof. Dr. Moritz Bälz and Marie S. Kim
The briefing will take place on Thursday, 01.02.18, 6:00 pm, R. 2.101, RuW-Gebäude
Blockseminar vom 15.06.2018-17.06.2018 10.00-18.00 Uhr, RuW-Gebäude, R. 1.101
This three-day intensive class offers an introduction to the private law of the Republic of Korea. It is primarily aimed at students specializing in comparative law or legal history eager to widen their perspective beyond the western context. The course will be based on English-language materials.
The course uses as its starting point the observation that Korean law, since early Chinese influences through colonial times up to the present trend to ambitiously adopt actual or alleged global best practices, has been oscillating between strong foreign influences and the endeavor for autonomous development. Besides widely being perceived as a striking success story with regard to economic development and democratization, Korea thus is an intriguing example of what may be called a hybrid legal system.
In its first part devoted to legal history, the course will track the genesis of modern Korean law with a special focus on the experience of Japanese colonial rule, the customary law policy applied by colonial rulers, and the legacy of the occupation for Korean private law.
The second part will be dedicated to contemporary Korean private law and its reactions to global legal discourses. Examples to be contemplated include Korea’s adoption of corporate governance instruments such as independent directors or derivative actions, the Korean Constitutional Court’s stance as to Confucian legacy in family and property law, and the controversy between the Constitutional Court and the Supreme Court on the constitutionality of customary law.
Emphasis will be placed on discerning connections and relevance between historical tradition and contemporary practice in law. For instance, cultural impact of dynastic and colonial Korean law can help reflect on what some scholars call patrimonial capitalism of corporate law in modern Korea, as witnessed in the succession of management power of Korean conglomerates. Overall, students will be guided to find insights to the logic of law and the process of adaptation through cultural and normative transfers in private law in broader comparative perspectives.
Zusammen mit Gastprofessorin Marie S. Kim
This course is for MEAS Students, Law Students (Schwerpunktbereich: Internationalisierung und Europäisierung des Rechts) and Korean Studies Students.
