Ume Kenjirō and the Making of Korean Civil Law, 1906-1910

Abstract

In 1906 Itō Hirobumi invited Ume Kenjirō (1860–1910), a drafter of the Meiji Civil Code, to oversee the creation of a modern legal system in protectorate Korea. Ume's legal reform, which focused on writing a Korean civil law and establishing modern judicial administration, was imbued with nineteenth-century natural law theory, and it proceeded under the assumption of the continuing existence of an independent Korea. Cut short by annexation, Ume's saga in Korea highlights the insight and tensions underlying colonial legal reform and presents a powerful case that legal development under Japanese influence needs to be considered from a perspective detached from the nationalist paradigm.

Property rights and economic development: the legacy of Japanese colonial institutions

“…A well-established land registration system allows sub-division of land, which helps to match parcel size with collateral needs. This might seem unimportant, except under many customs and laws, all of the collateralized property can be forfeited to the creditor, regardless of the difference between the value of the property and the amount of the debt (Kim, 2008). In addition, with effective land transactions, land values tend to rise because the size of the market increases and resources are more likely to flow into their highest valued use (Alston et al , 1999).…”

Property Rights and Financial Development: The Legacy of Japanese Colonial Institutions

“…A well established land registration system allows sub-division of land, which helps to match parcel size with collateral needs. This might seem unimportant, except under many customs and laws, all of the collateralized property can be forfeited to the creditor, regardless of the difference between the value of the property and the amount of the debt (Kim 2008). In addition, with effective land transactions, land values tend to rise because the size of the market increases and resources are more likely to flow into their highest valued use (Alston, Libecap and Mueller 1999).…”