리걸클리닉 활성화를 위한 법적·제도적 방안에 관한 연구

Abstract

6 years have passed since the law school system was introduced and the 3rd period lawyers will be produced in this year of 2014. However, we can say dispassionately that the clinical legal education still stays at an early stage because there are almost no legal clinics that are properly operated in the entire country. In law school education, the legal clinic system is in stark contrast with the 'college of law - national bar examination - the judicial research and training institute' system. Educating the law in clinical method as if it were a medical education is a method that has not been attempted by existing colleges of law. The legal clinic is a process to let the students directly experience through actual cases how their legal knowledge learned in the school classes is practically applied in solving the problem. This study will suggest the method of legal and systematic revitalization of legal clinic. In Chapter II, this study will first examine the minimum conditions for revitalization of legal clinic on the basis of legal clinic assessment standard and the current status of its operation. In Chapter III, East Bay Community Law Center (EBCLC), the legal clinic of the Berkeley University Law School of the United States we visited for this research, and the legal clinic of the Northwest University of Political Science and Law of China will be introduced. In Chapter IV and V, this study will focus on the legal and systematic sides among the conditions necessary for revitalization of legal clinic. Specifically, this study will deal with the issues of permission of litigation representation and its legal ground, such as the arrangement of legal ground to allow the full-time teaching staff of the law school to carry out the practice of lawyer for representation of public cases and enactment of probationary rules for law school students, the amendment of Attorney-at-Law Act that allows the establishment of the law office specializing in public cases and the necessity and possibility of law firm establishment in universities, and a method to attract the national and social support for stable financial investment, as divided separately into human and material perspectives. The legal clinic is a living and dynamic educational site where various ideas and educational methods can be attempted for application. The revitalized legal clinic will play a great role in development of practical law school education and in training the society-participative, capable, and ethical lawyers.