변호사 시험과 법학교육의 현황과 과제

Abstract

That Korea adopted a graduate law school system similar to the American model does not mean Korea should import wholesale the current incarnation of the United States bar exam or licensure system. Korea is heading toward a worst‐case scenario where there is a choke point not just on the number of students who can enter the new law schools, a quota with no international precedent, but also a choke‐point on entry into the profession. Instead it is suggested that three years of study at the new graduate law schools will more than adequately address concerns regarding the core competence expected of new practitioners and that granting “Graduation Licensure” will have the greatest immediate impact in improving the quality and quantity of legal practitioners. Regardless, either the incoming quota on law students or the bar examination has got to give. And there has been a lot of discussion on what kind of difference school of law has concerning legal education comparing with that of undergraduate study of law, which leads to the question of the teaching method at law school. This article is a trial of analyzing the model bar exam questions and mentioning the emphasis on the effective teaching method in law school. Even though there may be different view points on the model bar exam questions, bar exam’s main trend of dealing with important theme in the legal practices and real disputes is not to be changed easily for the present. Therefore, this paper presents a converged case method as one of the teaching methods at law school which combines a substantial law with a procedure law as well as each different law subject and also shows an example of model converged lecture. However new Korean Bar Exam is more difficult than other countries and the old one, because of many subject in exam. Especially this paper suggest the Korean Bar Exam use the test-system with textbook as German Bar Exam.