축사 중인 이기수 한국법학원장과 행사장 전경
제31회 세계 법철학 및 사회철학대회(The 31st World Congress of the International Association for Philosophy of Law and Social Philosophy)가 ‘아이브이알(IVR) 2024 조직위원회’(위원장 윤진숙 교수, 숭실대 법과대학)의 주최로 7일부터 12일까지 숭실대학교에서 열렸다. 이번 대회는 “법치주의, 정의, 민주주의의 미래”라는 대주제로 진행되었다.
세계 법철학 및 사회철학학회(Internationale Vereinigung für Rechts-und Sozialphilosophie‧이하 IVR)는 1909년 10월 1일 독일 베를린에서 시작된 법철학, 사회철학 분야의 세계적 학술 단체로, 전 세계 2,000명 이상의 회원을 보유하고 있으며, 41개 국가 분과로 구성되어 있다. 한국에서는 처음 유치한 이번 대회에는 60개국에서 730여 명의 전문가들이 참가하여 성황리에 개최되었다.
7월 7일(일) 플라자 호텔 그랜드볼룸에서 개최된 전야제에서는 오세훈 서울시장과 이기수 한국법학원장이 축사에 나섰다. 특히 이기수 원장은 “전쟁 후 원조를 받던 역사적 배경을 갖고 있는 대한민국 서울에서 이번 대회가 개최되는 것은 대한민국 국민으로서 여러 가지 측면에서 큰 울림이 있다”라며, “세계 법철학 및 사회철학대회의 역사와 전통을 보고 배워서, 한국법학원에서 개최 준비 중인 세계법률가대회를 잘 준비할 것이다”고 말했다. 자세한 내용은 하단의 축사 원고 전문을 통해 확인할 수 있다.
특별 워크숍 “보험 회사의 지배 구조와 내부 통제 시스템의 민주적 절차와 합리적 방향” 참가자 기념 촬영
이번 대회는 ‘정의란 무엇인가’의 저자이자 미국 정치철학자 마이클 샌델 하버드대 교수의 기조강연을 포함하여, 다양한 주제로 강연과 워크숍 등의 학술행사가 진행되었다. 특히 7월 8일(월)에 “보험 회사의 지배 구조와 내부 통제 시스템의 민주적 절차와 합리적 방향”이라는 소주제로 진행된 특별 워크숍에서는 유주선 교수(강남대)가 “개정 금융회사지배구조법 주요 내용 –보험업을 중심으로-”, 지광운 교수(국립군산대)가 “금융회사지배구조법 시행령 개정령(안)에 대한 검토 및 보험회사에 대한 시사점”, 김원각 연구교수(고려대)가 “개정금융회사지배구조법상 내부통제제도 검토 및 보험회사의 합리적인 내부통제 방향”을 주제로 각각 발제에 나섰고, 한국법학원 연구이사인 최병규 교수(건국대)가 사회를, 최한준 교수(순천향대), 김태진 교수(고려대)가 토론을 맡았다.
31st World Congress of the International Association for Philosophy of Law and Social Philosophy(IVR 2024 Seoul)
Congratulatory Speech
hon. Prof. Dr. Dr. h. c. mult. Ki-Su Lee
President of the Korean Society of Law, Inc.
17th President Emeritus, Korea University
Ladies and gentlemen!President of the Korean Society of Law, Inc.
17th President Emeritus, Korea University
I extend my heartfelt gratitude to all domestic and international participants who have traveled to Seoul for the IVR 2024 World Congress of the International Association for Philosophy of Law and Social Philosophy in the sweltering and rainy early days of July.
The theme of this congress, "The Rule of Law, Justice, and the Future of Democracy," addresses critical issues in the history of humanity for the generations to come.
The Republic of Korea was founded on August 15, 1948. However, the outbreak of the Korean War in 1950 due to the invasion by North Korea led to an armistice in 1953, leaving the nation in ruins. Despite this, the country embarked on its journey of reconstruction. Seventy-one years later, The Republic of Korea has made remarkable advancements in various industries, particularly in the semiconductor sector, establishing itself as a leading IT powerhouse.
Additionally, Korean culture, or K-culture, has garnered global attention. Alongside economic growth, democratic institutions have also been firmly established. Transitioning from a nation that once received aid, The Republic of Korea has now grown into a country capable of providing assistance to others.
Hosting this congress in Seoul of Republic of Korea, the country with a profound historical background, resonates deeply with us as citizens of the Republic of Korea in many respects.
Korea aspires to uphold democracy and the rule of law, and the KSL plays a pivotal role in realizing these principles.
Founded in 1956, the KSL celebrates its 68th anniversary this year, a milestone that holds important historical and practical significance.
Korean law has traditionally existed as part of the East Asian legal system, under the influence by Chinese law and subsequently impacting Japanese law.
After the ensuing 36 years of Japanese occupation, in 1945, with liberation, the Korean people had the opportunity to become the protagonists of their own historical narrative, embarking on a new chapter of history from scratch.
In the domain of legal systems and jurisprudence, the imposition of German-style civil law in Korea via Japanese legal influence emerged as a pivotal characteristic of its modern legal history. Amidst this backdrop, the three-year U.S. military government introduced a new reality where knowledge of American law became essential for negotiations with Americans. Ernst Fraenkel (1898-1975), serving as a legal advisor to the U.S. military government, reported in a letter from Seoul to his mentor, Gustav Radbruch (1878-1949), that he acted as a liaison between Korean jurists well-versed in German law and American legal experts. It is notable that he underscored the modern application (usus modernus) of Roman law in German law was being adopted in Korea as well, highlighting this as a sociologically fascinating development. During that period, the Korean-American Lawyer Society was established, accommodating monthly meetings to foster professional camaraderie. In November 1946, it(Korean-American Lawyer Society) organized a lecture entitled "Continental Law and Anglo-American Law".
The deliberations and endeavors surrounding the inception of the KSL are profoundly intriguing. In 1948, following the foundation of the Republic of Korea, the Ministry of Justice was established with the mandate to uphold the principles of the rule of law.
As a consequence, Korean legal professionals lacked exposure to the common law system of the United States, one of the world's foremost legal systems. During the three-year period of U.S. military administration following liberation, the imperative for Korean legal professionals to acquire a thorough understanding of American law became increasingly pronounced. Acknowledging this necessity, the Ministry of Justice, amidst the reconstruction efforts post-Korean War in the mid-1950s, initiated the invitation of American legal experts to deliver lectures on Anglo-American law to Korean counterparts. The inaugural series of Anglo-American law lectures took place from late March to the end of April 1954. Eight American legal professionals representing UNCRA, KCAC, the U.S. Embassy, and the U.S. Eighth Army were invited to impart knowledge on Anglo-American law to a gathering of 130 Korean judges, prosecutors, lawyers, and law professors.
This event held significant historical importance as it marked the commencement of Anglo-American legal education in Korea. The eagerness exhibited by Korean legal professionals towards embracing this new legal framework and academic pursuit was duly noted by the American legal community.
This enthusiastic pursuit of knowledge in American law and proficiency in English among Korean legal professionals laid the intellectual groundwork for the establishment of the KSL as a permanent institution.
The establishment committee for the KSL was convened in June 1956, with Vice Minister of Justice and Young-ho Bae serving as its chairman. This committee drafted the regulations and articles of incorporation for the KSL. Alongside the preparations complete, the inaugural general meeting of the KSL held on July 16, 1956, in the Supreme Court conference room, where the articles of incorporation were approved.
The event was graced by Dean Robert Story and his delegation from the United States, who graciously donated 3,000 volumes of Anglo-American books.
These donations were contributed by esteemed institutions such as the American Bar Association, West Publishing Company, and Lawyers Cooperative Publishing Co.
From June 5 to July 14, 1957, the second series of Anglo-American law lectures was conducted.
Dean Robert Gerald Storey (1893-1981) of Southern Methodist University and Professor Jerome Hall (1901-1992) of Indiana University were invited as lecturers. Dean Storey, a prominent legal educator, served as president of the American Bar Association in 1952-53 and as dean of the university's law school for twelve years (1947-1959). He had already published an article titled “Korean Law and Lawyers: The New Korean Legal Center” in the 41st issue of the American Bar Association Journal in 1955.
Professor Hall was a distinguished scholar in criminal law, jurisprudence, and sociology of law. His notable works, including "Police and Law in a Democratic Society" and "Comparative law and social theory" were translated and studied extensively whithin the Republic of Korea. Later in his career, he joined the faculty of Hastings Law School in San Francisco.
In his memoir "Life and Times of Jerome Hall" (1987) also prominently acknowledges his teaching tenure at the KSL (see Choi, Jong Ko 『Short History of the KSL』, 50 years of KSL(1956-2006), 2006, pp.9-12).
Since the approval by the Ministry of Justice (Public Notice No. 38) in 1956, as of 2024, the KSL has been evolved into the premier comprehensive legal institution in the Republic of Korea, encompassing judges, prosecutors, lawyers, military judges, and legal academics as members. It remains dedicated to laying the cornerstone for a just legal culture. The Deputy Director of National Court Administration, the Deputy Secretary General of the Constitutional Court, the Vice Minister of the Ministry of Justice, the Vice President of the Korean Bar Association, and the Vice President of the Korea Law Professors Association serve as ex officio as Vice President of KSL.
Additionally, six standing directors from diverse fields are appointed to undertake crucial responsibilities essential for the KSL.
The Supreme Court, Constitutional Court, Ministry of Justice, Korean Bar Association, and Korea Law Professors Association, actively cooperate in the KSL's operations, contributing members to the editorial board for academic journals, the steering committee for academic research, and the preparatory committee for the Korean Jurist Conference.
In January 2022, I assumed the esteemed role of the 16th President, marking the very first appointment of a law professor to this position.
Upon assuming the position of President, I adopted the motto "Jurists Who Study" and various efforts have been concentrated on intensifying academic research endeavors by augmenting the production of scholarly reports and publishing timely issue analyses and implementing academic research seminars with a dedicated research group focusing on the UNIDROIT’s Principles of International Commercial Contracts (PICC). Moreover, in order to foster collaboration across diverse institutions, we have formalized executive gatherings, including meetings of Vice Presidents and joint sessions involving directors and auditors.
This year, we are pleased to announce the forthcoming biennial 14th Korean Jurist Conference.
The 14th Korean Jurist Conference is scheduled to take place on October 29-30th at the SK Future Hall and CJ Law Hall of Korea University. Under the overarching theme of "Directions for the Development of the Judiciary for the Future," this year’s conference will exemplify "Jurists Who Study" through equitable participation in presentations, discussions, and moderation, featuring judges, prosecutors, lawyers, and law professors. Furthermore, in preparation for the upcoming International Jurist Conference held biennially, we have extended invitations to Deutscher Juristentag and UNIDROIT to lead dedicated sessions.
In the autumn of 2026, commemorating the 70th anniversary of the establishment of the KSL, we plan to expand the stage of the 15th Korean Jurist Conference globally by hosting the "International Jurist Conference." Drawing inspiration from the esteemed history and traditions of the World Congress of Philosophy of Law and Social Philosophy, currently in its 31st session, we are dedicated to meticulously organizing the International Jurist Conference under the auspices of the KSL.
We eagerly anticipate your esteemed interest and active participation in this momentous event.
I extend my sincere gratitude to Professor Matthias Mahlmann, IVR President, Professor Yoon Jin-sook, the IVR 2024 Organizer & Representative in Korea, Vice Representative Professor Yoo Joo-sun, and all esteemed members of the Executive Committee, the Organizing Committee, and all contributors involved in the meticulous preparations for the Congress. May everyone experience a profoundly meaningful and productive time leading up to the 12th.
Thank you.