법학교육에 있어서의 실무교육

Abstract

As Korea has developed from one of the agricultural countries to one of the industrial countries over the half a century, its social systems have gotten complicated. It is no wonder that the more complicated social systems get, the more complex and varied legal disputes. But its legal education has focused on theories and abstract principles so far, that is partly because its law was derived from the continental law, which finally makes us not to able to meet legal services that much more complex society needs. Besides, Korea is about to be exposed to tremendous waves of the severe competition with all countries in the world in all areas including the legal area, which forces us to compete with other people all over the world. But it is a pity that we are less competitive than other countries, jurists especially American ones are. That is because our legal expertise are not sufficient enough to resolve today's various and complex disputes. Having realized it, its government is trying to transform its conventional legal education system to the American's one such as law school. But the progress is not satisfied. In these circumstances, it is through changing its legal education methods and contents that we can tackle the problems we face, that is, its legal education methods have to include not only legal theories which are essential to apprehend legal principles but also practices because they help acquire legal expertises and catch the point in cases, and solve the problems. The American Case Method and Law Clinic are believed to be most effective ways for those purposes of practices. Therefore, it is important that such legal education institutes as Colleges of Law and The Judicial Research and Training Institute introduce and carry out The American Case Method and Law Clinic.