가산 김치선의 생애와 법사상 (Life and Thought of Kim, Chi sun(Ka San))

서지정보

· 발행기관 : 한국노동법학회
· 수록지 정보 : 노동법학 / 44호 / 253 ~ 298페이지
· 저자명 : 조성혜

초록

2013 is the 60th year since the legislation of Korean Labor Law: Trade Union Act, Labor Dispute Conciliation Act, Labor Standard Act, Labor Relations Commission Act. These significant Acts were legislated in the year of ceasefire of Korean War(1953), 3 year after the outbreak of the War(1950). At that time the economic situation of Korea was not enough to establish the labor law, since the labor relations or labor disputes was not urgent problem. There were, of course, no labor law specialists or scholars who teach the labor law in the universities.
Kim, Chi Sun(1922-1996), pen name Ka San, who was a Professor of Seoul National University and Soong Shil University, was a 1st generation scholar of labor Law in Korea. He was born in Cheol San in Pyoung An Buk Do, North Korea, as a son of the tenant farmer, devout Christian. Influenced by his father, he was a deeply religious man in his life.
After the childhood in Cheol San, he went to Japan with the help of his elder brother. In Japan he went to middle school, but owing to the outbreak of the Greater East Asia War 1941 he was forced to cease his studies and returned to his home.
As he finished his middle school in Shin Eu Joo, Korea was liberated from Japan on August 15, 1945. It was a period of social unrest. Especially the intellectual would run into danger if they remained in North Korea.
By his brother’s request he escorted Professor Koh, Byoung Gook moving south Korea. Upon this opportunity he established friendly relations with Professor Koh, who was always a trusted counselor in his studies.
After he passed the entrance examination of university he enrolled at the Seoul National University, College of Law, where he met again Professor Koh.
But on June 25, 1950, the Korean War was broken out between South and North. Kim, a fourth grader, had to flee to Busan, where he graduated from university.
After the military service he went to America to continue his study. He specialized in labor law on a Professor Koh's advice at Chicago Law School.
After homecoming 1955 he gave lectures on labor law at Seoul National University and Soong Shil University. In 1970 he received a doctorate on labor law with the dissertation on laborer's rights to strike.
Kim, Chi-Sun introduced various labor law theories in his lectures and numerous writings. However he opposed the direct transplant of foreign legal system on the grounds of the differences between Korea and foreign developed countries, even if the system excellent was. He took rather a position that Korea should develop the own system with the help of the advanced foreign theories.
He always took his position on the side of laborers whatever the political situation was. Surely Korean labor law owes many progresses to Professor Kim who contributed to the advancement of theories in the unexplored field of law.

영어초록

2013 is the 60th year since the legislation of Korean Labor Law: Trade Union Act, Labor Dispute Conciliation Act, Labor Standard Act, Labor Relations Commission Act. These significant Acts were legislated in the year of ceasefire of Korean War(1953), 3 year after the outbreak of the War(1950). At that time the economic situation of Korea was not enough to establish the labor law, since the labor relations or labor disputes was not urgent problem. There were, of course, no labor law specialists or scholars who teach the labor law in the universities.
Kim, Chi Sun(1922-1996), pen name Ka San, who was a Professor of Seoul National University and Soong Shil University, was a 1st generation scholar of labor Law in Korea. He was born in Cheol San in Pyoung An Buk Do, North Korea, as a son of the tenant farmer, devout Christian. Influenced by his father, he was a deeply religious man in his life.
After the childhood in Cheol San, he went to Japan with the help of his elder brother. In Japan he went to middle school, but owing to the outbreak of the Greater East Asia War 1941 he was forced to cease his studies and returned to his home.
As he finished his middle school in Shin Eu Joo, Korea was liberated from Japan on August 15, 1945. It was a period of social unrest. Especially the intellectual would run into danger if they remained in North Korea.
By his brother’s request he escorted Professor Koh, Byoung Gook moving south Korea. Upon this opportunity he established friendly relations with Professor Koh, who was always a trusted counselor in his studies.
After he passed the entrance examination of university he enrolled at the Seoul National University, College of Law, where he met again Professor Koh.
But on June 25, 1950, the Korean War was broken out between South and North. Kim, a fourth grader, had to flee to Busan, where he graduated from university.
After the military service he went to America to continue his study. He specialized in labor law on a Professor Koh's advice at Chicago Law School.
After homecoming 1955 he gave lectures on labor law at Seoul National University and Soong Shil University. In 1970 he received a doctorate on labor law with the dissertation on laborer's rights to strike.
Kim, Chi-Sun introduced various labor law theories in his lectures and numerous writings. However he opposed the direct transplant of foreign legal system on the grounds of the differences between Korea and foreign developed countries, even if the system excellent was. He took rather a position that Korea should develop the own system with the help of the advanced foreign theories.
He always took his position on the side of laborers whatever the political situation was. Surely Korean labor law owes many progresses to Professor Kim who contributed to the advancement of theories in the unexplored field of law.

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