South Korea's Laws Mired in Obscurity: A Call to Fix 'Shabby Law Books' Riddled with Errors
Translated from Korean, summarized and contextualized by DistantNews.
At a glance
- 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 '๋ณด๋ฅํ๋ค' (to retain) from '๏งใใ' (to leave/retain) and '์ ์งํ๋ค' (to maintain) from '๏งๆญข' (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 '๋ณด๋ฅํ๋ค' (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.
Similarly, the Commercial Code uses '์ ์งํ ' (to maintain) with the opposite meaning of its standard definition, stemming from the Japanese term '๏งๆญข' (to stop). The article points out numerous other errors, from simple typos like '๋ฐ์ด' instead of '๋ฐ์' to more complex grammatical issues in the Constitution itself, such as the incorrect use of '๋ถ์ผ' instead of '๋ถ์น ' 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.
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.
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...
Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.