Interpretation of Statutes at South Korea
Here’s an overview of Interpretation of Statutes in South Korea, reflecting its civil law system influenced by both continental European traditions and its own constitutional framework:
⚖️ Legal System Overview
South Korea follows a civil law system heavily influenced by German and Japanese legal traditions. Statutory interpretation is governed by codified laws, judicial precedent, and constitutional principles, with a strong focus on the purpose and spirit of the law.
📜 Key Legal Framework
Constitution of the Republic of Korea (1948, amended)
Supreme law; all statutes must comply with constitutional provisions.
Civil Act and Other Codes
Detailed legal codes provide substantive and procedural rules.
Framework Act on the Establishment, Management and Evaluation of Administrative Regulations
Provides guidance on interpretation of administrative statutes.
Judicial Precedents
Although South Korea is a civil law country, Supreme Court rulings carry strong persuasive authority.
🧠 Methods of Statutory Interpretation
South Korean courts apply several interpretative methods:
Literal Interpretation (Textual Approach)
Analyzes the ordinary meaning of the statutory language.
Systematic Interpretation
Considers the provision within the broader legal system and statute.
Teleological Interpretation (Purpose-Oriented)
Seeks to understand the legislative intent and purpose.
Historical Interpretation
Examines preparatory works and legislative history.
Logical Interpretation
Applies logic and coherence to resolve ambiguities.
🏛️ Judicial and Institutional Role
Constitutional Court of Korea
Reviews laws for constitutionality and interprets constitutional provisions.
Supreme Court of Korea
Highest ordinary court, provides authoritative interpretations of statutes.
Lower Courts
Apply statutory interpretation methods under guidance from higher courts.
⚖️ Principles of Interpretation
Interpretation must conform with the Constitution, ensuring protection of fundamental rights.
Courts seek to give effect to the legislator’s intent while maintaining legal certainty.
Avoid interpretations that lead to absurd, unjust, or unconstitutional outcomes.
Statutes are interpreted in light of social values and public interest.
Summary Table
| Aspect | Details |
|---|---|
| Legal Tradition | Civil law influenced by German and Japanese law |
| Supreme Law | Constitution of Korea (1948) |
| Main Methods | Literal, Systematic, Teleological, Historical, Logical |
| Judicial Bodies | Constitutional Court, Supreme Court, Lower Courts |
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