司法审查和市场制度：对东北亚洲未来司法合作的启示

Judicial Review and Market Institutions: Case of Korea and Implication to Northeast Asian Region

What is required when amending legal institutions in order to augment vitality to the activities in the market? What is structural mode of legal institution which meets requirement as such? How to measure the progress in market conformity achieved by judicial decisions? This research investigates institutional elements of legal principles which calibrate judicial decisions of important precedents established by Korean constitutional Court? The study develops institutional concepts of market and attempts to apply them to judicial decisions to check the meeting of conditions required for the vigorous market activity. Research results bestow insights to the societies traversing from bureaucratic authoritarianism to the governing of society by rule of law. Also, they throw lights on the Northeast Asian region which shares the common bureaucratic culture but holds historical mandates to develop market economy.