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Korea’s Judicial Interpretation and Application of International Law

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한국법제연구원 (Korea Legislation Research Institute)|2020.05|Korea Legislation Research Institute Journal of Law and Legislation|제10권 제1호|pp. 79-102|DOI 10.22851/kjll.2020.10.1.003

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키워드

international treatydirect applicabilityinternational agreementimplementing legislationKorea’s judicial reviewtreaty ratification
주제분류법학

초록

As the number of Korea’s conclusion of treaty has increased, stakeholders are more interested in how Korean courts incorporate and apply the treaty provisions in cases brought before the Korean judiciary. According to the Constitution in Korea, the international treaty has the same effect as domestic law; however, the court is reluctant to make a decision or reason on the basis of international treaty. In most cases, Korean courts ruled that the treaties do not accord with the individuals’ or entities’ rights to refer to the treaty provisions as the direct cause of action in Korean courts. Also, the prevailing view is that the treaties without ratification processes are considered to have the same status as the enforcement decrees or enforcement rules under the acts. This article reviews Republic of Korea’s approach to interpretation and application of treaties in its domestic court system, and issues and challenges raised by stakeholders.

Abstract

As the number of Korea’s conclusion of treaty has increased, stakeholders are more interested in how Korean courts incorporate and apply the treaty provisions in cases brought before the Korean judiciary. According to the Constitution in Korea, the international treaty has the same effect as domestic law; however, the court is reluctant to make a decision or reason on the basis of international treaty. In most cases, Korean courts ruled that the treaties do not accord with the individuals’ or entities’ rights to refer to the treaty provisions as the direct cause of action in Korean courts. Also, the prevailing view is that the treaties without ratification processes are considered to have the same status as the enforcement decrees or enforcement rules under the acts. This article reviews Republic of Korea’s approach to interpretation and application of treaties in its domestic court system, and issues and challenges raised by stakeholders.

참고문헌 (37)

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관련 논문AI추천

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