법해석과 법정책의 관계

초록

Modern law is beyond the traditional interpretation of Law and has moved to the center seeking to solve social problems, legal policy as practical law. Recently, various legislative requirements, such as deregulation policy of Park KeunHe government also highlights the importance of legal policy. Response to what the statutory interpretation is and what the legal policy is are difficult to say and hard to find the answer. Object of this paper is presenting to determine the followings. First, in the development flow of law, what relationship between legal policies and statutory interpretation? What are the similarities and differences between the former and the latter? Is there a conflict or mutually harmonious relationship between the former and the latter? What legal mentality is the base of the former and the latter?In this paper, we see the research outcome of Policy Studies in Japan mainly. There are few literature references on legal policy in Korea, and Research results on basic problem of legal policy studies in Japan was produced in 1980-90 already. Through this study, I confirmed followings. Law has developed from trial norm to conduct norm, In the case at trial was the law as normative behavior norms, from resolution-oriented type to policy- oriented type in litigation, mainly from the substantial value to the process. In addition, it is confirmed the function of statutory interpretation is to justify law policy. Legal interpretation is based on law-justice legal mentality and Legal policy is based on goal-means legal mentality. We must consider the former and the latter is fused to each other. In side of legislative theory, limit of law operations that are based on statutory interpretation occupies a central position in legal policy thinking based on goal-means legal mentality.

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