미국·일본의 해외 법정비 지원 활동에 대한 분석을 통해 본한국의 법정비 지원 활동의 나아가야 할 방향

Abstract

Today, there is growing interest for legal technical assistances, which are beingperformed by the developed countries to support legal system reform of theunderdeveloped or developing countries. Recently, Korea recognizes also the need forlegal technical assistance for developing countries and will be therefore actively involvedin it. For us, there is continuing interest in the ‘hardware’ for performing legal technicalassistance, but the research for the field of ‘software’, which can be the contents of‘hardware’, is not yet enough. Above all, many things are unclear, for example, ① underwhich ideas the legal technical assistance must be performed, ② which goals must beachieved with it, ③ in which way each project can be selected and efficiently performed,④ which countries and what should be supported, ⑤ with which attitude we shouldwork in performing legal technical assistance and what should not be overlooked etc. In this paper, I tried to get implications for the raised issues through the analysis oflegal technical assistance performed by the United States and Japan. Legal technical assistance is a very tough business, which needs a lot of effort andtakes long time. To achieve great success in this area, the basic idea of it should beclearly recognized, the comprehensive and long-term plan should be designed, and eachproject should be step-by-step performed. Otherwise, the resulting waste of manpowerand money, conflicts and overlap between each project and project might occur. Thus,it is thought to be inevitable the installation of the control tower, which supports andcoordinates each organization and each project. In addition, to our success of legal technical assistance, the overall effort is required,for example, national effort, academic support, cooperation of NGOs and evenparticipation of companies.