한국의 경제발전과 법: 1961년～1979년

The economic development of Korea carried out the economic development from 1960. Park Chunghee toke over the political power after Coup, and he experienced the Japanese National Mobilization Act in colonial period, and fostered the government-led Exporting Industry & Heavy Chemical Industry through learning the Japanese economic development planning in post war. The strategy of economic development were a legal reformation and two track legal system, which divided law into politics, ran on the autonomous law of economic areas and rule of law. However, The infrastructure of rule of law had the qualified competent court and attorney system, was subordinated by authoritarian regime and could not guarantee the efficiency of dispute settlement. While that government had to restrict less bar-pass rate of bar examination, in stead of they maintained the collusion regime of private rent-seeking. The administrative discretion played more important role to an economic development than legal institution. The degree of rule of law is meant to be proportional to the level of economic growth in general. The substantial rule of law will be developed a legal pluralism, adversely the formal rule of law can be retarded a legal instrumentalism. Moreover, rule of law gives an influence to the democracy, and reinforces human rights coincidently. The model of Korean law and development has an implication that there can be no sustainable economic development without an active rule of law.