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Korean administrative case decisions in law and development context

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  • Korean administrative case decisions in law and development context
  • Kim, Daein
  • BK 21 law


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Title Korean administrative case decisions in law and development context
Similar Titles
Material Type Articles
Author(English)

Kim, Daein

Publisher

[Seoul]:BK 21 law

Date 2006
Journal Title; Vol./Issue Journal of Korean Law:vol. 6(no. 1)
Pages 22
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Original Format pdf
Subject Government and Law < Laws and Legislation
Holding Seoul National University

Abstract

In Law & Development Context, Korean administrative case decisions show good example of how they are related with public governance and economic development. From the above arguments, we can see following four points. First, Korean economic development in early stage (1962-1979) is indebted more to ‘efficient’government rather than ‘transparent’ government. Most of these efficiencies were accomplished by public agency’s broad discretionary power through ‘administrative guidance’. In this period, judiciary was reluctant to engage in government’s discretionary power conducted through administrative guidance. After accomplishing basic economic development, more emphasis was laid upon transparency of government. Second, in each stage of economic development, the Korean government used globalization differently. In the early stage, the Korean government supported enterprises to increase export through administrative guidance. Globalization in this period was somewhat limited. After establishing basic economic development, the Korean government faced the liberalization of global economy in more positive manner. Strengthening transparency of government procurement through joining WTO GPA took place in this stage. Third, in establishing legal system concerning transparency of government, it was important to actualize the spirit embodied in the Constitution. The Supreme Court and the Constitutional Court took a critical role to make the Administrative Procedure Act and Information Disclosure Act work well according to the spirit of Constitution. In addition, the democratization of Korean society was a basis for this phenomenon. Fourth, in order for transparency related statutes to firmly establish their roots, people’s awareness on the rule of law needs to increase. Many important decisions are pouring out from the Constitutional Court and the Supreme Court, and these decisions are widely discussed among non-legal professionals. Also, the rapid development of internet industry facilitated people’s access to legal resources. These phenomena are expected to increase people’s awareness on the rule of law. International economic environment changed a lot in contrast with that of Korean early economic development. Therefore, the Korean experience cannot be applied universally to other developing countries. However, even in today’s world, the role of state in economic development should be emphasized, and I think Korean experience can be an important reference from which developing countries can learn.