Kim, Daein --- "Korean Administrative Cases in ‘Law and Development’ Context" [2010] ELECD 260; in Cho, Kuk (ed), "Litigation in Korea" (Edward Elgar Publishing, 2010)

Book Title: Litigation in Korea

Editor(s): Cho, Kuk

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848443396

Section: Chapter 10

Section Title: Korean Administrative Cases in ‘Law and Development’ Context

Author(s): Kim, Daein

Number of pages: 20

Extract:

10. Korean administrative cases in `law
and development' context
Daein Kim

I. INTRODUCTION

1. `Law and Development' Movement in Korea

`Law and Development (L&D)' is a term usually used to describe legal
assistance programs for developing countries and related academic work.
This movement was initiated by developed countries such as the US, and
European countries, followed by Japan. But this movement experienced ups
and downs since its launch in the 1960s. Originally scholars sought to
develop a theory on the role of law in state and market development that can
be integrated into a general modernization theory. Furthermore they thought
this modernization theory could be applied to developing countries as well
(Trubek 2001: 8443).
However, this theory did not fit squarely with the developing countries'
cultural and political situation. The L&D movement was criticized as ethno-
centric and naïve (Trubek/Galanter 1974: 1062­102). This critique was
taken by many to be a denunciation of the movement. As a result, L&D lost
its momentum. In the 1990s, however, this movement revived at the end of
the Cold War and the collapse of communism in Eastern Europe and the
former Soviet Union (Trubek 2001: 8443­4).
Recently this `law and development' movement has gained popularity in
Korea as well. The reason for that can be explained as follows. Developing
or transition countries in Asia are becoming more interested in the Korean
experience of economic development and the role of law. Since these coun-
tries regard the legal ...