본문 바로가기
KERD
논문

로스쿨에서 형사소송법 교육

Teaching Criminal Procedure Law in Law School

0

조회

0

다운로드

11

인용

0

참고문헌

키워드

주제분류법학

초록

Since independence from japanese imperialism critical problems concerning law education have been pointed out without good results, introduce of law school system is consequently expected not only to realize improvement and enlargement of justice service for citizens, but also to give law education a turning point by making law education change and connecting law education with justice system erviceandturning points to law education Fundamentally law education in graduated law school should be managed autonomously by each school, should consider educational goal, ideology, circumstances, clients of each school and produce the optimum conditions of law education by such autonomy and competition. For good quality of law education are necessary execellent students and professors, agreeable facilities, especially law library offering diverse and profound informations effectively, and dignified law review, but in addition systematic and diverse curriculum should be offered to students. According to Act for Establishing and Administering Law School, law school should maintain systematic curriculum, such as by opening legal course necessary to breed up lawyers corresponded to the educational object of law school, and its implementing ordinance provides just as practical required subjects legal ethics, retrieving legal information, drawing legal documents such as the decision and bill of suit, mock trial and internship and externship for legal practice and entrusts theoretical courses to autonomy of each law school. Because subjects for examination, according to Bill for Bar Examination drawn by Ministry of Justice, include criminal law and criminal procedure law, many law school students will show many interest in criminal law subjects and each law school should place more weight on teaching methods and contents of its subjects. How and What to teach subjects about criminal procedure law depends on several points, what is the object of legal education, how should are subjects about criminal procedure law organically connected with criminal law subjects, considering balance with other field of law subjects and how much should be considered preceding study of undergraduate law students. many law school will teach subjects about criminal procedure law in three or four semesters, but each subject in total should be lectured not accumulatively but systematically and organically. For example, in basic course should be offered an outlook about criminal procedure, points at issue and related legal cases, and in advanced course, such as las of investigation, law of evidence and case study, diverse and systematic informations to acquire knowledges and logical tools, which can apply directly to practice as lawyer. each law school should also develope a textbook about criminal procedure law in cases and materials, in response the Law School Council and the Criminal Law Association should take trouble about support and cooperation for each law school. As respects of teaching method, various methods, for example teaching by rote, socratic method, problem based learning, should be offered students to acquire knowledge about theories, which our statutes system has accumulated for a long time, and practical skills and knowhows effectively. And for students specializing not in law in undergraduate is necessary tutoring system for preparation and review of their lessons and orientation process for improving ability of legal information and legal mind.

Abstract

Since independence from japanese imperialism critical problems concerning law education have been pointed out without good results, introduce of law school system is consequently expected not only to realize improvement and enlargement of justice service for citizens, but also to give law education a turning point by making law education change and connecting law education with justice system erviceandturning points to law education Fundamentally law education in graduated law school should be managed autonomously by each school, should consider educational goal, ideology, circumstances, clients of each school and produce the optimum conditions of law education by such autonomy and competition. For good quality of law education are necessary execellent students and professors, agreeable facilities, especially law library offering diverse and profound informations effectively, and dignified law review, but in addition systematic and diverse curriculum should be offered to students. According to Act for Establishing and Administering Law School, law school should maintain systematic curriculum, such as by opening legal course necessary to breed up lawyers corresponded to the educational object of law school, and its implementing ordinance provides just as practical required subjects legal ethics, retrieving legal information, drawing legal documents such as the decision and bill of suit, mock trial and internship and externship for legal practice and entrusts theoretical courses to autonomy of each law school. Because subjects for examination, according to Bill for Bar Examination drawn by Ministry of Justice, include criminal law and criminal procedure law, many law school students will show many interest in criminal law subjects and each law school should place more weight on teaching methods and contents of its subjects. How and What to teach subjects about criminal procedure law depends on several points, what is the object of legal education, how should are subjects about criminal procedure law organically connected with criminal law subjects, considering balance with other field of law subjects and how much should be considered preceding study of undergraduate law students. many law school will teach subjects about criminal procedure law in three or four semesters, but each subject in total should be lectured not accumulatively but systematically and organically. For example, in basic course should be offered an outlook about criminal procedure, points at issue and related legal cases, and in advanced course, such as las of investigation, law of evidence and case study, diverse and systematic informations to acquire knowledges and logical tools, which can apply directly to practice as lawyer. each law school should also develope a textbook about criminal procedure law in cases and materials, in response the Law School Council and the Criminal Law Association should take trouble about support and cooperation for each law school. As respects of teaching method, various methods, for example teaching by rote, socratic method, problem based learning, should be offered students to acquire knowledge about theories, which our statutes system has accumulated for a long time, and practical skills and knowhows effectively. And for students specializing not in law in undergraduate is necessary tutoring system for preparation and review of their lessons and orientation process for improving ability of legal information and legal mind.

참고문헌 (12)

  1. 황산덕, "법학교육에 대한 반성", 고시와 전형, 1(2), pp.10~ (1953)
  2. 한봉희, "법학교육방법론의 재검토", 논문집」(충남대학교 법률행정연구소, 12, pp.35~ (1984)
  3. 배종대, "법학교육의 개혁방안", 법과 사회, (11), pp.13~ (1995)
  4. 가재환, "한국의 법학교육과 고시제도", 법학, 23(1), pp.83~ (1982)
  5. 김창록, "법학전문대학원 교육의 내용과 방법", 법과 사회, (33), pp.51~ (2007)
  6. 안경환, "21세기 한국법학의 지향 목표", 서울대학교 법학, 47(4) (2007)
  7. "全囯法科大学院めぐりー刑事法敎育の特色", 現代刑事法, 6(3) (2004)
  8. 이완규, "형사소송법", 537~538 (2007)
  9. 小木曾 綾, "日本 中央大学法科大学院の法曹養成", 東北亞法硏究, 1(2), pp.35~36 (2007)
  10. 김태명, "형사소송법의 구체적 강의 방법과 내용”, 「로스쿨에 있어서 구체적 강의방법과 내용(기본과목Ⅱ)」(2008년 제2회 경북대학교 법학연구소 학술세미나 자료집", 50~60 (2008)
  11. 오수근, "문제중심학습법을 활용한 법학교육 - 모의수업의 내용과 관찰을 중심으로 -", 서울대학교 법학, 47(4), pp.37~98 (2006), 법학연구소
  12. Orin S. Kerr, "The Decline of the Socratic Method at Harvard." 78 Nebraska Law Review", 113~134 (1999)

관련 논문AI추천

이 간행물의 다른 논문 (7건)