학부 법학교육의 발전을 위한 정책적 과제

Abstract

Since the law school system has been introduced, the focus of the legal education in Korea has been drifting toward law schools. The universities that teach law only at undergraduate-level have been excluded from legal education. To succeed in the law school system, to provide people-oriented legal services, to fulfill their functions of fostering future generation of scholars and in particular for Korea to become a nation that exports its laws, education policy for improvement of undergraduate-level legal education should be prepared. Under the assumption that education system of consilience for coexistence of both the law school system and undergraduate-level legal education should be necessary, this paper attempts to suggest a few options in an effort to promote the advancement of undergraduate-level legal education. Under a dualistic legal education system of law schools and universities with undergraduate-level legal education, cooperation between the two systems is essential in order to achieve overall success for the legal education in Korea.. The following suggestions for the advancement of undergraduate-level legal education should be undertaken immediately. First, because the current course of undergraduate-level legal education comprises a significant portion of the Korean legal education and the basis for its existence is ensured by law, the talented people that the society demands should be fostered through change of curriculums that befit the trend of the times. Second, the exclusiveness of law schools ought to be abandoned in order to facilitate communication between law schools and universities with undergraduate-level legal education and the rebirth of law schools based on principles of autonomy and competition must occur. Third, under an abnormal law school system that is not a complete law school system like that of the U.S., until the law school system is properly established, as an interim measure, entrance of students who majored in law into law schools should be expanded. Fourth, a preliminary bar examination system needs to be implemented to give an opportunity for becoming a lawyer to students who did not graduate from law schools. Therefore, the Bar Examination Act should be amended because the current bar examination system has unconstitutional elements. Fifth, reform of undergraduate law curriculums that take into consideration the consilience and connection with other academic disciplines related to laws is needed. Sixth, reform of undergraduate law curriculums should be necessary to perform pure legal research, to educate basic laws for future generations of legal education, and to foster both professionals of preventive law and global leaders. Seventh, the current legal education system should be quickly improved under a dualistic legal education system.