Hong-Sik Cho (President of Korea Law Professors Association)

The President of the Korea Law Professors Association


The President of the Korea Law Professors Association, Professor CHO Hong Sik, sent a note of thanks and congratulations to IVR members. He greatly appreciates the importance of the philosophy of law. He believes that his study of legal philosophy at Seoul National University School of Law long ago inspired him to pursue his academic career. By sincerely fulfilling his duties as president, he hopes to meaningfully contribute to strengthening the foundation of legal studies in general and the philosophy of law in particular.
Dr. Hong Sik CHO is a professor of law at Seoul National University School of Law, where he teaches Environmental Law, Administrative Law, and General Theory of Law and Policy. Before joining the SNU faculty in 1997, he served as a district court judge from 1989 to 1991. After resigning from judgeship to practice law at a law firm, he advanced his studies at Boalt Hall School of Law, University of California, Berkeley, in 1992. After completing his LL.M and J.S.D degrees at Boalt Hall in 1995, he became the first law professor in Korea to teach environmental law. He is considered an authority on environmental and energy law in Korea.
He has served as the Associate Dean in charge of academic and student affairs at SNU School of Law, Faculty Director for the Graduate Program in Public Law, and Associate Director of the American Studies Institute at SNU. Currently, he is the Chief Director of the Center for Energy and Environmental Law and Policy at SNU. He was elected as the 28th Dean of SNU College of Law and the 5th Dean of SNU School of Law, beginning his deanship on June 1, 2016. He has been a visiting professor of law at Boalt Hall, Duke Law School, and the University of Tokyo, and a visiting scholar at Boalt Hall and Freiburg University in Germany. He also worked with the Korean government as a member of the Presidential Committee on Green Growth, the Sustainable Development Committee, various other governmental committees, and the Supreme Court's Recommendation Committee for Supreme Court and Constitutional Court Justices. Since his appointment in May 2020, he has served as Ambassador for Environment, Ambassador for Climate and Environment, and Special Presidential Envoy for COP28. He is a member of the Seoul Bar and the New York State Bar.
He has published numerous articles in prestigious law journals. His recent books include: Democracy and Market Economy (2007), The Justifiability and Limits of Judicial Governance (2010), Climate Change and the Rule of Law (2010), Case Book on Environmental Law (2012), Energy Law and Policy in the Age of Climate Change (2013), and Principles of Environmental Law (3rd ed. 2022).


Ladies and Gentlemen, Distinguished Guests, and Esteemed Colleagues,

It is with great pleasure and profound honor that I welcome you all to the IVR World Congress 2024. As we gather here today, we stand united by our shared commitment to the themes that define this Congress: the Rule of Law, Justice, and the Future of Democracy. These principles are not only the bedrock of our legal and political systems but also the pillars upon which our societies thrive.

In a world that is increasingly interconnected yet frequently divided, the rule of law serves as a crucial safeguard for human rights, social justice, and democratic governance. It ensures that power is exercised within a framework of fairness, accountability, and transparency. It is our collective responsibility to uphold these values and to continuously strive for a legal system that reflects the highest standards of justice.

Justice, as we know, is not a static concept but a dynamic and evolving ideal. It requires our constant vigilance and unwavering dedication. The pursuit of justice compels us to challenge inequalities, protect the vulnerable, and ensure that every individual has access to fair treatment under the law. As legal scholars, practitioners, and advocates, we must be at the forefront of these efforts, pioneering new approaches and innovative solutions to address the challenges of our time.

The future of democracy is inextricably linked to the principles of the rule of law and justice. In recent years, we have witnessed both inspiring advancements and concerning setbacks in democratic governance worldwide. It is imperative that we remain steadfast in our commitment to democratic ideals, fostering environments where freedom, equality, and participation are not just aspirations but realities. This Congress provides us with a unique opportunity to exchange ideas, share experiences, and collaborate on strategies to strengthen democratic institutions and processes.

At this juncture, it is also important to address a critical debate within the field of legal philosophy: the role and extent of judicial review. While judicial review is a fundamental component of upholding the rule of law, there is growing concern among many legal philosophers that excessive judicial review can undermine democratic principles. Too much judicial intervention in political decisions risks shifting the balance of power away from elected representatives and towards the judiciary, potentially eroding the democratic legitimacy of our legal systems.

Judicial review must be exercised judiciously, respecting the decisions made through the democratic process while safeguarding fundamental rights and freedoms. It is a delicate balance that requires the judiciary to act with restraint and humility, acknowledging the primary role of the legislature and executive in reflecting the will of the people. As we explore the future of democracy, we must ensure that judicial review enhances rather than detracts from democratic governance.

Additionally, judges often face the perplexing situation of needing to apply legal principles to specific cases when the premises are not clearly provided by the legislature. This absence of clear legislative guidance places judges in a challenging position where they must interpret and sometimes even create legal norms. This underscores the importance of judicial prudence and the need for a coherent methodology in judicial decision-making that respects the legislative intent while upholding justice and fairness.

This brings us to a broader philosophical consideration: how do we balance the need for an impartial judiciary with the imperatives of democratic legitimacy? The insights of prominent legal philosophers such as Joseph Raz, who emphasized the "service conception of authority," remind us that authority is justified if it enables individuals to better comply with reasons that apply to them. For the Court's authority to be legitimate, its decisions must be grounded in the reasons of the people and must lead to outcomes that individuals would recognize as aligning with their own rational interests.

Moreover, the distinction between internal and external justification in legal decisions is crucial. Internal justification ensures logical consistency within legal reasoning, while external justification validates the premises upon which legal reasoning is based. As we delve into these nuanced discussions, it is essential to remember that the law is not merely a set of abstract principles but a living, evolving system that must adapt to the complexities of contemporary society.

In grappling with value conflicts, which are often plural and incomparable, we face the challenge of making collective decisions that respect diverse perspectives while striving for common ground. The coordination problems inherent in public goods and moral dilemmas require us to develop legal frameworks that facilitate social cooperation and mutual understanding.

As we embark on this Congress, I encourage each of you to engage deeply with the discussions and debates that will unfold. Let us be inspired by the diversity of perspectives and experiences represented here. Let us challenge each other to think critically and creatively about how we can advance the rule of law, promote justice, and secure the future of democracy.

I would like to extend my heartfelt congratulations to the organizers of the IVR World Congress 2024 for bringing together such a distinguished gathering of minds. Your dedication and hard work have made this event possible, and we are all grateful for the platform you have created for meaningful dialogue and exchange.

To all the participants, thank you for your commitment to these vital issues. Your presence here is a testament to your dedication to making the world a more just, equitable, and democratic place. I am confident that the insights and connections we gain over the course of this Congress will inspire and empower us to make lasting contributions to our respective fields and to the broader global community.

In closing, let us remember that the work we do here is not just for ourselves but for the generations to come. The future of the rule of law, justice, and democracy depends on our collective efforts, our courage to stand up for what is right, and our unwavering belief in the power of the law to create a better world.

Thank you, and I wish you all a productive and enlightening Congress.