한국 법체계에서 자연법론의 형성과 발전 -과거를 되돌아보며 미래를 가늠하다

The purpose of this paper is to take a closer look at the development of Natural Law Theory in modern Korea. My thesis is that the historical background of Natural Law Theory in Korea consisted in the dilemmas of judge who must interpret immoral laws. The korean judges in the authoritarian period fell into conflict of professional duties and individual conscience. In order to overcome the dilemma, the korean judges and lawyers have made an appeal to natural law. Therefore, one could say that Natural Law Theory has contributed to make korean legal system more legitimate. However, in a new condition of the korean democratization, Natural Law Theory encounters two serious challenges. The one is the difficulty of anti-democracy, the other that of legal moralism. To sum up, the following conclusion can be made: whether Natural Law Theory can develop into an adequate theory of law in Korea depends upon how it solves these difficulties.