Considerably more interpretation by courts than the

This preview shows page 2 - 3 out of 3 pages.

considerably more interpretation by courts than the case law system of common law practice in the United States. Unlike older civil code countries, South Korea's post-occupation Civil Code was officially only put into place in 1960, which means that lawyers must interpret the laws based on only some 30 years of modern Korean legal history and a sparse body of either case decisions or commentaries by legal scholars. Additionally, as with many high-context cultures, Korean laws are not as strictly consistent or enforceable as in low-context cultures. This is reinforced by the Confucian tradition in which lawsuits are generally brought as a last resort; most conflicts are expected to be resolved outside of the courts. As DeMente pointed out, "Lawyers in Korea do not look upon themselves as owing their primary allegiance to a client … they put the welfare of Korean society in general (and by extension, the country itself) above the interests of their clients." Lawyers in Korea are peacemakers and maintainers of harmony rather than client advocates (WSJ, 2016). The South Korean labor practices have their advantages and disadvantages. In between the pros we can find a government on the side of the business when it comes to prescribing regulations, lower wages than the USA and favorable labor market conditions. As per con we can
Jelkin Ferrand OL 325

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture