# Does "여야 하다" create a (legal) obligation?



## parisaram

Hi,

There is a controversy in South Korea about making it mandatory for the people to display the national flag (태극기) on national holidays, such as March 1st. But I thought it was _already_ mandatory (at least in theory), because I had read the Act on the Flag of the Republic of Korea, article 8.

Here is an extract. I would like to know if it makes it mandatory for anybody who lives in Korea (or at least for Korean citizens) to display the flag at their window on national holidays (국경일). Or maybe the words "게양하여야 하는 날은" create something like a moral obligation without giving a formal order?


> 제8조(국기의 게양일 등)
> 
> 
> 
> ① 국기를 게양하여야 하는 날은 다음 각호와 같다. <개정 2011.5.30>
> 
> 
> 
> 
> 1. 「국경일에 관한 법률」제2조의 규정에 따른 국경일
> 
> 
> 
> 
> 2.(etc.)


The contents of the Act can be read (in a bilingual version) at  http://elaw.klri.re.kr/eng_service/lawView.do?hseq=24275&lang=ENG

Thank you.


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## Rance

It's an act and not a social obligation.
Though its original purpose might be to encourage the moral obligation or to boost the respect to national flag or what else, in practical sense it's a mandatory order.

If you check the list of addendum, it states:



> ADDENDUM <Act No. 12342, Jan. 28, 2014>
> This Act shall enter into force on the date of its promulgation.



So this particular Act is the center of current controversy.

Punchline is "하여야/해야 하다" can be translated into "one must/have to (do something)".


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## parisaram

Thanks !

I found an article in 경항신문 that gives more details. If I understand correctly, displaying the flag may be mandatory in theory, but many people actually do not do it because there is no specific place on their building to display the flag (as I saw myself walking in the streets of Seoul theses days). 

Therefore the Government's project was (according to the newspaper) to make it mandatory to add a pole or something on every building (게양대를 만들다), so that flags could be displayed on all private buildings and appartments (민간  건물과 아파트):



> 경향신문이 22일 행정자치부의 ‘3·1절 국기 달기 운동 및 의정업무 설명회 자료’를 확인한 결과 정부는 민간  건물과 아파트 동별 출입구에 별도의 태극기 게양대를 만들도록 관련 법 개정안을 준비 중이다.


(http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201502230600055&code=940202)

I am not sure I understand "동별 출입구에". Does it mean: "at each building entrance" ? Is it the same 동 as in an appartment address (e.g. "102동 5층" = "building #102, 5th floor")?


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## Kross

parisaram said:


> I am not sure I understand "동별 출입구에". Does it mean: "at each building entrance" ?


 Yes, you are correct. 



parisaram said:


> Is it the same 동 as in an appartment address (e.g. "102동 5층" = "building #102, 5th floor")?


 Yes, you got it right.


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