earticle

영어

Today, there is growing interest for legal technical assistances, which are being performed by the developed countries to support legal system reform of the underdeveloped or developing countries. Recently, Korea recognizes also the need for legal technical assistance for developing countries and will be therefore actively involved in it. For us, there is continuing interest in the ‘hardware’ for performing legal technical assistance, but the research for the field of ‘software’, which can be the contents of ‘hardware’, is not yet enough. Above all, many things are unclear, for example, ① under which ideas the legal technical assistance must be performed, ② which goals must be achieved with it, ③ in which way each project can be selected and efficiently performed, ④ which countries and what should be supported, ⑤ with which attitude we should work in performing legal technical assistance and what should not be overlooked etc. In this paper, I tried to get implications for the raised issues through the analysis of legal technical assistance performed by the United States and Japan. Legal technical assistance is a very tough business, which needs a lot of effort and takes long time. To achieve great success in this area, the basic idea of it should be clearly recognized, the comprehensive and long-term plan should be designed, and each project should be step-by-step performed. Otherwise, the resulting waste of manpower and money, conflicts and overlap between each project and project might occur. Thus, it is thought to be inevitable the installation of the control tower, which supports and coordinates each organization and each project. In addition, to our success of legal technical assistance, the overall effort is required, for example, national effort, academic support, cooperation of NGOs and even participation of companies.