9 Korean J. Comp. L. 141 (1981)
On the Reception of Western Law in Korea

handle is hein.journals/ktilc9 and id is 145 raw text is: ON THE RECEPTION OF WESTERN LAW IN KOREA

By Chongko Choi*
I. Preface
Gustav Radbruch (1878-1949), one of twentieth century's leading
figures in legal philosophy, introduced in his Vorschule der Rechtsphio-
sophie (1948). an important theme for research in legal sociology: the
reception of Roman law in Korea.' Radbruch apparently had never been
to Korea, but received a field report from Ernst Fraenkel (1898-1973),
a student of Hugo Sinzheimer (1875-1945), Radbruch's close friend, who
worked in Korea as a legal consultant from 1945 to 1948. Fraenkel
reported that his role as legal consultant was that of a mediator between
U.S. military jurists and Korean jurists who were already familiar with
Roman law.2
How could Western law be received and realized in Korea, a so-
ciety so apparently different from either Europe or America? Were there
any confrontations with traditional Korean law during the process of
reception?
Korean law has been generally associated with the Roman-German
legal family.3 How could this be possible? To what degree did Anglo-
*Doctor of Jurisprudence, Freiburg University, West Germany, 1979; Full-time
Lecturer of Law, College of Law, Seoul National University.
1. G. Radbruch, Vorschule der Rechisphilosophie, Heidelberg, 1948, p. 51.
2. E. Fraenkel, Korea: eine Wendepunkt des Volkerrechts, Berlin, 1952. Cited
from G. Radbruch, a.a.O.S. 51. About E. Fraenkel, see my article, Ernst Fraenkel,
Daehan Pyonhosa Hyophoeii (Korean Federal Bar Association Journal), Vol. 67,
May, 1981, also in my book, Hanguk ui Soyangpop Suyongsa (Die Rezeption des
europiiischen Rechts in Korea), Bakyongsa, 1982.
3. Concerning legal interchange between Korea and Germany, refer to Zong
Uk Tjong, Beziehungen zwischen    dem   deutschen und   koreanischen  Strafrecht,
Festschrift fir Htns Welzel zum 70. Geburtstag, 1974, pp. 277-288; Paul K. Ryu,
Introduction. The Korean Criminal Code, South Hackensack, N.J., 1960, P. 1-29.
Kim Chung-han, Historical and Comparative Research on Korean Civil Codes, Pophak
(Seoul National Upiversity) Vol. 10, No. 2, 1868; Hyon Sung-iong, Legal Systems
and the Position of Korean Law, Problems in Jurisprudence (A Collection of. Diserta-
tions for Hong Chin-gi's 60th Birthday), 1977, pp. 183-219. Chongko Choi, Bophak
ol tonghan Handok Kwan'gyesa (History of German-Korean Relationship through
Legal Science), Handok Bophak (Recht in Deutschland und Korea), Vol. 2, 1980,

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