1. Overview
Lee Shi-yoon (이시윤Yi Si-yunKorean; October 10, 1935 - November 9, 2024) was a distinguished South Korean lawyer and judge who played a pivotal role in shaping the nation's legal landscape. Renowned for his profound contributions to legal scholarship and practice, he was instrumental in the foundational establishment of key legal institutions, most notably serving as one of the inaugural justices of the Constitutional Court of Korea. His career spanned significant appointments, including his tenure as the 16th Auditor General of South Korea, and his extensive academic pursuits as a professor and legal scholar. Lee Shi-yoon's dedication to the development of civil procedure law and constitutional jurisprudence left an indelible mark on South Korea's legal and democratic evolution.
2. Life and Career
Lee Shi-yoon's life and career were marked by a progression through various significant legal and public service positions, from his early education to his foundational roles in the South Korean judiciary and government.
2.1. Birth and Education
Lee Shi-yoon was born on October 10, 1935, in Keijō, which is modern-day Seoul, South Korea. He pursued his early education at Seoul High School before enrolling in the Seoul National University School of Law, from which he graduated in 1958. In the same year, he successfully passed the 10th Higher Judicial Civil Service Examination, marking the beginning of his legal career.
2.2. Judicial Career
Lee Shi-yoon's judicial career began in 1962 when he was appointed as a judge at the Seoul District Court. Over the next two decades, he served in various capacities within the judiciary, steadily advancing through the ranks. His appointments included roles as a judge at the Seoul Civil District Court in 1963 and the Seoul High Court in 1973, where he had previously served as an acting judge in 1970. In 1974, he took on the significant role of a judicial researcher at the Supreme Court of Korea. He later became a chief judge at the Seoul Civil District Court in 1975, concurrently serving as a professor at the Judicial Research and Training Institute. He continued as a chief judge at the Seoul Civil District Court in 1977 and then at the Seoul Criminal District Court in 1980. His career as a chief judge extended to the Gwangju High Court in 1981 and the Seoul High Court in 1982. In 1987, he was appointed Chief Judge of the Chuncheon District Court, followed by his appointment as Chief Judge of the Suwon District Court in 1988, prior to his historic role at the Constitutional Court.
2.3. Constitutional Court Justice
In 1988, Lee Shi-yoon was appointed as one of the inaugural justices of the newly established Constitutional Court of Korea. His appointment was made by President Roh Tae-woo, following a nomination by Chief Justice Lee Il-gyu. During his tenure as a Constitutional Court Justice from September 15, 1988, to December 17, 1993, he played a crucial role in the initial establishment and theoretical grounding of the court. He dedicated himself to studying the German system of constitutional adjudication, particularly drawing insights from the Federal Constitutional Court of Germany. His research and insights were compiled into a series of influential articles titled "Personal Views on Constitutional Justice," which significantly contributed to the theoretical framework of the nascent South Korean Constitutional Court. He resigned from his position as a Constitutional Court Justice before the end of his term to take on a new public service role.
2.4. Auditor General
Following his impactful tenure at the Constitutional Court, Lee Shi-yoon was appointed as the 16th Auditor General of South Korea by President Kim Young-sam. He served in this capacity from December 17, 1993, to December 16, 1997. As Auditor General, he was responsible for overseeing the financial activities of government agencies and public institutions, ensuring transparency, accountability, and efficiency in public spending. His term was marked by efforts to strengthen the integrity and effectiveness of the audit system.
2.5. Post-Government Activities
After concluding his service as Auditor General, Lee Shi-yoon transitioned into various roles in academia and private legal practice. In 1998, he opened his own law office, beginning his career as a practicing lawyer. Concurrently, he was appointed as a chair professor at Myongji University. His commitment to legal scholarship continued as he served as the president of the Civil Law Society in 1998. In 1999, he took on the important role of chairman for the Ministry of Justice Civil Law Revision Special Committee, contributing to significant legal reforms. From 2000, he served as a professor at the Kyung Hee University Law School. Later, in 2006, he became an advisory lawyer for Law Firm Daeryuk, and subsequently for Law Firm Daeryuk Aju, following their merger. He also lectured at the Korea University Graduate School of Law.
3. Academic Contributions and Legal Philosophy
Lee Shi-yoon's intellectual contributions extended significantly beyond his judicial and public service roles, deeply influencing legal scholarship and the development of legal principles in South Korea. His pen name was Daega (대가DaegaKorean).
3.1. Academic Activities and Writings
Throughout his career, Lee Shi-yoon maintained a strong focus on academic pursuits and legal research. His scholarly work was particularly notable for its in-depth analysis of foreign legal systems, especially his extensive study of the German system of constitutional adjudication. This research was foundational to his series of articles titled "Personal Views on Constitutional Justice," which were critical in shaping the theoretical underpinnings and practical application of constitutional justice in South Korea during the early years of the Constitutional Court. Beyond constitutional law, he also lectured on various legal subjects at institutions such as Seoul National University's Law School and Judicial Research and Training Institute, Kookmin University, Kookje University, Ewha Womans University, and Korea University's Graduate School of Law.
3.2. Contributions to Civil Procedure Law
Lee Shi-yoon made specific and lasting contributions to the development of civil procedure law in South Korea. He is particularly recognized for his efforts in introducing the principle of good faith (신의칙sinuichikKorean) into civil procedure, a fundamental concept that emphasizes fairness and honesty in legal proceedings. His significant impact on the civil litigation system was acknowledged in 2016 when he was awarded the Chungo Rule of Law Culture Award by the Chungo Rule of Law Culture Foundation, recognizing his long-standing dedication and advancements in this field.
4. Private Life
Lee Shi-yoon was married to Jin Young-hee, who passed away on February 8, 2018. They had two sons, Lee Gwang-deuk and Lee Hang-deuk, and their respective wives, Kim Ja-ho and Lee Seon-yeong. His ancestral seat was the Danyang Yi clan (단양 이씨Danyang I-ssiKorean).
5. Death
Lee Shi-yoon passed away at Severance Hospital in Seoul on November 9, 2024, at the age of 89.
6. Assessment and Legacy
Lee Shi-yoon's career left a profound and lasting impact on South Korean society and its legal system, particularly through his foundational roles in establishing key legal institutions and his significant contributions to legal scholarship.
6.1. Positive Assessment
Lee Shi-yoon is widely regarded for his pivotal role in the early development and stabilization of the Constitutional Court of Korea. As one of its founding justices, his academic rigor and deep understanding of constitutional law, particularly his study of the German model, provided a crucial theoretical framework for the nascent institution. His "Personal Views on Constitutional Justice" articles were instrumental in guiding the court's initial jurisprudence. Beyond the Constitutional Court, his tenure as the 16th Auditor General further demonstrated his commitment to public service and the integrity of governmental operations. His contributions to civil procedure law, including the introduction of the principle of good faith, have been recognized as fundamental advancements, earning him prestigious awards. Lee Shi-yoon's legacy is defined by his comprehensive dedication to the rule of law, his efforts to modernize South Korea's legal framework, and his enduring influence as a scholar and practitioner who laid essential groundwork for the nation's democratic and legal progress.