2019년~2021년 법철학 판례 동향

Recently, the Korean Supreme Court has been pronouncing its judgments on major cases involving jurisprudencial issues. I conducted an analysis of the Supreme Court decisions made from 2019 to 2021 which hold great significance in terms of legal philosophy. Among the judgments pronounced by the Supreme Court over the past three years, this paper particularly focuses on and provides an overview of five cases in 2019, four cases in 2020, and five cases in 2021, and gives a brief introduction to other meaningful decisions. Those decisions of the Supreme Court not only addressed the core concepts of legal philosophy, such as the relationship between law and reality, empirical rule, legal emotion, historical justice, freedom of speech, fairness, human dignity and worth, and the nature of right, but indicated critical discussions regarding theories of legal interpretation which include methods of legal interpretation, justification for applying analogy, the roles of legislation and jurisdiction, the structure of trials, and implications of judicial precedents. This paper aims to lay the foundation for discussion through which the Supreme Court judgments can be analyzed, verified, and criticized. I purpose to conduct an analysis on a regular, consistent basis so as to extend the foundation upon which philosophy and practice of law can be reflected on one another and further refined.