법의 세계화와 한국법의 위상

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This article deals with the status of Korean law in the semantic context of the globalization of law. In today’s situation where conflicts between countries are intensifying, questions may be raised about whether it is meaningful to discuss globalization, especially the globalization of law. However, as Kant’s theory of perpetual peace suggests, the world society pursued by globalization could contain the normative ideal of realizing a peaceful human community. Considering this, it is meaningful to handle the globalization of law and the current status of Korean law at this point. In those contexts, this article examines the globalization of law and the status of Korean law. However, since the topic itself is very broad, discussion may be limited in this article. This article deals with globalization in three meanings: unification, pluralization, and conflict. In connection with this, the globalization of law is also examined in terms of unification, pluralization, and conflict of law. Based upon this, the author deals with the status of Korean law. To this end, this article applies a three-stage model to the developing process of Korean law. According to that working, Korean law is currently in a third-stage of its developing process. At this stage, Korean law is not only developing independently, but in some cases is also receiving global attention. However, this article raises questions about whether the independent legal system we have achieved can really become one of the global standards. For that reason, this article mentions the limit of our country’s scale. In addition, this article argues that the current crisis Korean legal science is facing could be a significant obstacle to the development of Korean law.