In Korea, human rights interest litigation has been regarded as one of the effective way to change the world, i.e. to cause social change. In fact, we have seen so many legal achievement through the victory of litigation. However, it is need to carefu...
In Korea, human rights interest litigation has been regarded as one of the effective way to change the world, i.e. to cause social change. In fact, we have seen so many legal achievement through the victory of litigation. However, it is need to carefully consider if this new movement is effective in practice and desirable in civil society. On the one hand, litigation is very effective because of the enforcement of the court’s decision. Although the case is decided against the plaintiff (i.e. public interest lawyers), the litigation itself could be a useful way to spread what they want to the public and to form a social consensus. In addition, in comparison with other ways for social change such as legislation movement, the litigation is easy for the minority to access. In most cases, relatively less resources are needed for litigation On the other hand, however, when the insistences of social movements are translated into legal language in the court, they can be distorted or the court tend to fail to absorb all aspects of them. Also, the judiciary is only limited to adjudicating the case disputed, and cannot cause fundamental social change relating the case. If the court can play a positive role in social change, it is sceptical that the judiciary, a non-majoritarian institutio