한국의 근대법(=가상현실) 수용의 단면(斷面): 근대법의 수용과 식민지시대의 법

Abstract

In recent years hot debates have been done among the political economy historians and the historians about what role the Japanese colonial domination played to the modernization of Korea. Those debates have not been finished but the Korean legal scholars have not so much interested in those topics. It is to be analysed why they have paid a little attention to those topics but they generally think the Japanese colonial domination was so negative and harmful to us and it is needless to mention about it. Can we say such a attitude of theirs is desirable? This thesis is to analyse the impact of the Japanese colonial domination to the reception of modernity and modern law in Korea with the code of modernity. The reason the code of modernity is used in this thesis is that the modernity and modern law, that is the virtual reality, dominates our being strongly. The essence of the modernity and modern law is a self-reliant individual and a state exists on the premise of him. In that case they make a social contract with each other and what matters is the smooth transactions. As we know, we could unfortunately see the full-scale realization of the virtual reality in Korea during the Japanese colonial domination age. And the realization of the virtual reality, that is modernity and modern law, by Japan was a limping one because we could not see the smooth transactions. But what matters is that the legal culture cultivated in the Japanese colonial age dominates our consciousness largely these days.