로스쿨에서의 형사실무 교육방법
Practice Based Methodology:Criminal Law and Procedure
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Law schools will share the education role of nurturing legal practitioners with, among others, the Judical Branch, the Prosecutors' Office and the Korean Bar Association (hereinafter consumers). However, in order for law schools, because of competition from the Judical Research and Training Institute, to survive law schools must take a more active role, which consumers will expect from law schools in the long run, too. Law schools should teach legal ethics, basic legal theories and legal thinking, however, practical knowledge and skills must be at the forefront of legal education. Focusing on criminal law and procedure, most legal work is performed within the courts and we should start with court practice in our practical legal education. After studying the work of the courts the prosecution's work and lawyers' work should be studied. It is also needed to offer advanced courses, such as forensic science and white-collar crime. With regard to teaching methods - the traditional Korean method of "lecturing" should be revised. Lecturing does not guarantee a good education especially in our new law schools. Rather, new methods like the case method, problem solving method, problem based learning method, moot court, legal clinic, in-house clinics, externships, internships, and field trips should be considered. In addition, other conditions are also important. First, good teachers and texts are essential for law schools. Second, organizations should be created for law schools and consumers to maintain close contacts. Third, law schools professors should be allowed to practice law at least for educational purposes.
Abstract
Law schools will share the education role of nurturing legal practitioners with, among others, the Judical Branch, the Prosecutors' Office and the Korean Bar Association (hereinafter consumers). However, in order for law schools, because of competition from the Judical Research and Training Institute, to survive law schools must take a more active role, which consumers will expect from law schools in the long run, too. Law schools should teach legal ethics, basic legal theories and legal thinking, however, practical knowledge and skills must be at the forefront of legal education. Focusing on criminal law and procedure, most legal work is performed within the courts and we should start with court practice in our practical legal education. After studying the work of the courts the prosecution's work and lawyers' work should be studied. It is also needed to offer advanced courses, such as forensic science and white-collar crime. With regard to teaching methods - the traditional Korean method of "lecturing" should be revised. Lecturing does not guarantee a good education especially in our new law schools. Rather, new methods like the case method, problem solving method, problem based learning method, moot court, legal clinic, in-house clinics, externships, internships, and field trips should be considered. In addition, other conditions are also important. First, good teachers and texts are essential for law schools. Second, organizations should be created for law schools and consumers to maintain close contacts. Third, law schools professors should be allowed to practice law at least for educational purposes.
참고문헌 (12)
- 서보학, "사법개혁위원회의 로스쿨안과 법학교육", 안암법학, (20), pp.14~ (2005)
- 김종철, "법학전문대학원에서의 교육내용과 방법에 대한 소견", 동아법학, (37), pp.294~295 (2005), 동아대학교 법학연구소
- 김종철, "법학교육 - 주제발표 (세계화시대의 법학교육의 과제와 전망)", 저스티스, (92), pp.149~167 (2006), 한국법학원
- 김병태, "실무와의 연계를 위한 법학교육의 개선방안", 제5회 한국법률가대회 논문집:법학교육, 어떻게 할 것인가, 64, pp.73~ (2006), 한국법학교수회
- MacCrate, "Yesterday, Today and Tomorrow:Building the Continuum of Legal Education and Professional Development", Clinical L. Rev, 10, pp.805~ (2004)
- 김영철, "법학교육에 있어서의 실무교육", 서울대학교 법학, 47(4), pp.147~178 (2006), 법학연구소
- 오수근, "문제중심학습법을 활용한 법학교육 - 모의수업의 내용과 관찰을 중심으로 -", 서울대학교 법학, 47(4), pp.37~98 (2006), 법학연구소
- 법학전문대학원에서 형법의 교육과정 및 교수법 개발 연, "정현미", 한국학술진흥재단, 486~487, pp.법학전문대학원 교육과정 및 교수법 개발연구 (2007)
- 문재완, "법학전문대학원에서 임상교육 실시방안에 관한 연구", 외법논집, (29), pp.223~247 (2008), 법학연구소
- 황철, "임상법학교육에 관한 일고-미국의 경우를 중심으로", 법학논총, 17, pp.383~385 (2005)
- David F. Chavkin, "Am I My Client's Lawyer?:Role Definition and the Clinical Supervisor", SMU L. Rev, 51(1507), pp.1515~1524 (1998)
- 나종갑, "법학전문대학원 실무교육의 문제점과 방향", 법학연구, 47(1), pp.528~ (2006), 부산대학교
