中国与韩国在地缘上接壤,彼此之间的文化交往,源远流长。就儒家化的程度而言,李氏朝鲜王朝是中国本土之外最为彻底的地区。尽管,韩国自从朝鲜王朝后期“西学”的冲击开始,历经日本殖民统治、3年内战,特别是20世纪六七十年代被称为“汉江奇迹”的高速经济增长等多次社会大变动期后,已变成公认的现代大众化社会。这期间,韩国固有的习惯、习惯法遭受排挤和重创,其影响力已大幅度下降大。然儒家文化之下长期形成的习惯、习惯法在韩国社会中根深蒂固,仍在社会规范领域扮演着辅助性角色甚至是起至关重要的角色。现韩国习惯、习惯法不仅在立法中越来越得到重视,而且在司法领域,因近年来司法界盛行的司法判例影响而逐渐恢复曾经失去的领地和地位。 China and South Korea are geographically contiguous, and their cultural exchanges with each other have a long history. As far as Confucianism is concerned, Lee’s Joseon Dynasty was the most thorough region outside of China. Although South Korea has suffered from the impact of “Western Learning” in the late Joseon Dynasty, after many years of Japanese colonial rule, the three-year civil war, especially the high-speed economic growth called “Hanjiang Miracle” in the 1960s and 1970s, After a period of great change, it has become a recognized modern mass society. During this period, the inherent habits and customary laws of South Korea have been squeezed and hit hard, and their influence has dropped dramatically. Long-established habits and customary law under the Confucian culture are deeply rooted in Korean society and still play an auxiliary role in the field of social norms and even play a crucial role. Now that South Korea is accustomed to, customary law is not only gaining more and more prominence in the legislation, but also gradually restoring its lost territory and status in the field of the judiciary because of the judicial precedents that have prevailed in the judicial circles in recent years.