Legislative Drafting and Legal Writing
Legislative Drafting and Legal Writing
This domain tests Korean bill drafting: the structure of a bill, the standard '한다' style, definitions, obligatory and discretionary provisions, penalties, and supplementary provisions. It also tests clear legal writing in English.
Core rules
- A bill normally contains a title, purpose clause (목적), definitions (정의), substantive provisions, penal provisions (벌칙), and supplementary provisions (부칙).
- Obligation: '~하여야 한다'; discretion: '~할 수 있다'; prohibition: '~하여서는 아니 된다' or '~하지 못한다.'
- Define terms once and use them consistently; avoid '등' (etc.) where it creates uncertainty.
- Use '및' for 'and' and '또는' for 'or'; do not use 'and/or' in Korean drafting.
- Penal provisions must specify the conduct and the penalty; supplementary provisions state the effective date and transitional rules.
Worked example
Draft: 'A public official shall not disclose confidential information learned in the course of duty.' In Korean style: '공무원은 직무상 알게 된 비밀을 누설하여서는 아니 된다.' The subject is clear, the prohibited conduct is specific, and the ending is prohibitive. If the intent were discretionary, '누설할 수 있다' would be wrong because it would authorise disclosure.
Traps
Do not use '~할 수 없다' when a strong statutory prohibition is intended; it can read as practical impossibility. Do not leave the effective date to implication. Avoid double negatives and vague delegations. In English legal writing, do not use 'shall' for a future event; use 'will' or the present tense.