법학전문대학원 시대의 학부 헌법교육 정상화를 위한 시론- 시민교육과 광의의 전문교육의 투트랙(two-track) 교육방안 -

Abstract

Since the law school system was first introduced in 2009, Korea’s legal education and professional training have been going through major changes. The new system was implemented to raise professionals through a course of education instead of an exam. It was designed to bring in diverse and creative atmosphere where talented individuals from different backgrounds could be invited to the field. However, the system is now confronting unexpected challenges. We see students enrolled in law schools becoming slaves of bar exam and law school graduates are struggling to find job openings and move on in their career. Such fierce competition in the job market resulted in undermining value of constitutional education on campus. To make matters worse, the current system doesn’t allow universities to provide law courses for undergraduate students. This led to a lack of constitutional education available for undergraduate students. On the other hand, we, as a society, have made enormous progress in building advanced social systems on the basis of our constitution. It was followed by 1987 Constitution and constitutional adjudication. Democracy prevailed in every corner of our society. Such progress now calls for our legal education, including constitutional education, to push its boundaries to reach more people. In the past, constitutional education was confined to judges, prosecutors and attorneys. Today, however, government officials and many workers in public sector who are involved in legislating, interpreting and enforcing the law are in dire need of the education. Citizens need to be educated as well. We all know that democracies depend upon citizens who are aware of their rights and responsibilities as citizens. In that sense, restoring opportunities for undergraduate students to learn the constitution means more than a small change in education systems. It involves a wide range of issues that I’d like to address and find ways to deal with. The constitutional education, when it comes as a part of our undergraduate programs, should serve as an opportunity where students learn fundamental ideas of how democratic society works and its citizens' basic role. For years, it has been designed to train professionals. It remains, up until now, exclusive for those who plan their future career around law, such as judges, prosecutors and attorneys. However, we should remind ourselves that citizenship education is essential for all students, regardless of their major. If a student pursues career path at public sector such as government agencies, this program holds greater importance. In other words, universities should require all students on campus to take part in constitution related courses. Then, the question is what to offer through those courses. I believe the constitutional education as a part of undergraduate programs should explore two spheres - constitutional right and constitutional democracy. For constitutional right, the class should discuss the right our constitution guarantees to individuals. For constitutional democracy, the class should look at how the nation is run by the law and the people. It should help the students understand the notion that political power is exerted under the control of our constitution. The courses can vary upon students' major. For students who major in law, it can be more comprehensive, covering from jurisdiction to administration and legislation. For students who major in other fields, it can offer basic citizenship education which enables students to leave college with an understanding of political and legal functions of democratic society. For those who do not major in law but still want to apply for positions dealing with the law, the course should give them more specialized knowledge about how the law is legislated, interpreted and enforced. For our curriculum to be effective, we need to develop tailored class materials, improve teaching skills for better delivery, and introduce field programs through which students can apply their knowledge to cases in real world. It's the job of the education system to prepare our young people for challenges and opportunities of a changing world. The constitutional education is becoming a cornerstone subject to reach the goal. Thus, we should think about supportive measures to turn these ideas into realities.