日本의 法整備支援事業의 現況과 問題點-體制轉換國 法整備支援事業의 방향 모색을 위한 檢討

Abstract

The Government, the Supreme Court of Japan and Japan Bar Association have been offering legal assistance to Asian transitcountries like Vietnam and Cambodia since the 1990. Because the trasitcountries are politically and legally unstable they need a wide variety of legal assistance programs. In addition, Asian countries are rapidly integrated legally and politicaly. For these reasons Japan is implementing its assistance projects in various ways. The assistance Programs of Japan in general focus on legislation, training of legal professionals and legal education. The Republic of Korea has launched legal assistance programs recently for similar reasons that Japan has perceived. I believe Korea has to develop legal assistance programs more actively for Asian transitcountries. For this purpose, Korea should learn know-hows and skills from a number of experiences of Japan. This paper aims to review legal assistance programs of Japan, study their basic perspectives and problems and find out some suggestions for the Republic of Korea. The suggestions I find out from this research are as follows: (1)The Republic of Korea should focus faithfully on the genuine purpose of legal assistance. (2)Korea need to make preparations for language problems and communication with recipient countries. (3)Korea have to established and engaged in international cooperation systems for legal assistance. (4)We need to get self-confidence on our availability for supporting recipient countries. (5)We have to select adequate recipient countries in the light of our own capacity. (6)We need to probe comprehensive theoretical framework for transplanting legal system. (7) We should mobilize NGOs' and the other civic resources to support transitcountries.