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๐Ÿ‡ฐ๐Ÿ‡ท South Korea /Culture & Society

South Korea's Laws Mired in Obscurity: A Call to Fix 'Shabby Law Books' Riddled with Errors

From Hankyoreh · () Korean

Translated from Korean, summarized and contextualized by DistantNews.

At a glance

In-depth Named sources Context piece
  • South Korea's core legal texts, including the constitution, are riddled with grammatical errors and awkward phrasing, making them difficult for citizens to understand.
  • Many legal terms are direct, mistranslated borrowings from Japanese civil law, such as '๋ณด๋ฅ˜ํ•˜๋‹ค' (to retain) from '๏งใ™ใ‚‹' (to leave/retain) and '์œ ์ง€ํ•˜๋‹ค' (to maintain) from '๏งๆญข' (to stop).
  • A new book, 'Correct the Six Laws Now,' urges a national movement to revise these flawed legal texts, arguing that a nation's foundation rests on clear and accurate laws.

South Korea's foundational laws are a linguistic mess, riddled with errors and awkward phrasing that create barriers to public understanding. A recent book, 'Correct the Six Laws Now,' highlights how terms like '๋ณด๋ฅ˜ํ•˜๋‹ค' (to retain) in the Civil Code are mistranslations of Japanese legal terms, meaning something entirely different from their common Korean usage.

When the seller reserves the right to repurchase at the same time as the sales contract, they can repurchase the object by returning the price received and the sales expenses borne by the buyer.

โ€” Civil Code Article 590, Paragraph 1This quote illustrates a legal term, '๋ณด๋ฅ˜ํ•œ' (reserved), which is mistranslated from the Japanese '๏งใ™ใ‚‹' (to leave/retain) and commonly misunderstood by Koreans.

Similarly, the Commercial Code uses '์œ ์ง€ํ• ' (to maintain) with the opposite meaning of its standard definition, stemming from the Japanese term '๏งๆญข' (to stop). The article points out numerous other errors, from simple typos like '๋ฐ›์–ด' instead of '๋ฐ›์•„' to more complex grammatical issues in the Constitution itself, such as the incorrect use of '๋ถ™์ผ' instead of '๋ถ€์น ' following a 1988 revision of Korean orthography rules.

A shareholder holding shares equivalent to 1/100 or more of the total number of issued shares can request the director to maintain the action for the company.

โ€” Commercial Code Article 402This quote exemplifies the problematic use of '์œ ์ง€ํ• ' (to maintain), which actually means 'to stop' due to its origin in the Japanese term '๏งๆญข'.

The book's author, Kim Se-jung, a former researcher at the National Institute of Korean Language, argues that these flaws stem from the post-Korean War legal experts' heavy reliance on Japanese law and their inadequate grasp of Korean. Despite some revision efforts, legislative inertia and resistance from legal professionals have prevented necessary corrections.

The president may, when deemed necessary, put important policies concerning diplomacy, defense, unification, and other national security matters to a national referendum.

โ€” ConstitutionThis quote from the Constitution contains an orthographical error, '๋ถ™์ผ' instead of '๋ถ€์น ', which became incorrect after a 1988 revision of Korean spelling rules.

Kim asserts that a nation's legal framework is its bedrock, and when its language is flawed, the nation itself is weakened. He calls for a national movement to rectify these "shabby law books," likening the task to post-war national reconstruction, emphasizing that a nation's strength is intrinsically tied to the clarity and accuracy of its laws.

When the net assets currently existing in the company are insufficient for the total amount of capital stock...

โ€” Commercial Code Article 650This quote highlights a grammatical error where '๋ถ€์กฑํ•˜๋Š”' should be '๋ถ€์กฑํ•œ'.
DistantNews Editorial

Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.