Legal Interpretation in Korea

Abstract

The first question when applying the principle of the rule of law is “what is law?” not in an abstract sense but in a concrete sense. Law, in a more practical and concrete sense, is the product of legal interpretation. Based on the fundamental principle of the rule of law and the independence of the judiciary, legal interpretation in Korea is conducted by a number of institutions. Since, the term ‘law’ encompasses various forms of legislation from the Constitution to statutes enacted by governmental agencies in a hierarchical order, we shall look to how the hierarchy effects legal interpretation upon which we will be able to reveal the distinction between constitutional interpretation and statutory interpretation. Another distinction that will we covered with respect to the method or rather the mode of interpretation is the distinction among legislative interpretation, administrative interpretation and judicial interpretation; all which are commonly referred to as authoritative interpretation. The advance and improvement of the system of legal interpretation in Korea can be inferred from the advance of the rule of law within the litigation system. The establishment of the Constitutional Court and the increase in judicial reviews on administrative decisions denote how the dominance of the rule of law and the positive role of legal interpretation has improved both in quantity and quality.