변호사법상 변호사시험 합격자 실무수습제도의 운영실태와 개선방안에 관한 연구

Abstract

Author studied the problems including the practical training period, the practical training institution, salary payment to the practicing lawyer, regulation and verification of practical training contents, and other matters for improvement regarding the operational reality and improvement plans of the 6-month practice training system that those who have passed the bar exam must go through in order to practice as a lawyer, Regarding the practical training period, in an educational environment where students have no choice but to stick to studying for the bar exam due to the low passing rate of the bar exam, because of a situation where law school education cannot be transformed in a way that improves practical skills by increasing the types or hours of practical courses and allowing students to focus on practical subjects, author suggested that it is desirable to divide roles in such a way that law schools play a role in educating legal theories and basic practical skills to pass the bar exam, and leave the improvement of practical skills to practical training after passing the bar exam. In addition, in the perspective of the current state of practical education in law schools and the content and process of practical training for effective apprenticeship, foreign legislative precedents author suggested that it is appropriate to set the practical training period to one year. Regarding practical training institutions, since the purpose of practical training is for each trainee lawyer to observe and learn from actual lawyer work next to the lead lawyer, author suggested that it is preferable to conduct practical training at a legal practice institute rather than training at the Korean Bar Association. As a way to increase the number of apprenticeships in legal practice institutions, author suggested to institutionalize a general department in charge of practical training in the training section of the Korean Bar Association, and a probationary officer in the district bar association under the jurisdiction of each high court, so that the general department of the Korean Bar Association can connect law office with those who have passed the bar examination and wish to practice in the area through the probationary officer of the local bar association under the jurisdiction of each high court. And author also gave his opinions on how to improve the contents of the Korean Bar Association training. Regarding the payment of salaries to trainee lawyers, author have divided them into three types according to the intention of the law office in charge of the practice apprenticeship, and suggested whether and how to pay the appropriate salary. Regarding the regulation and verification of the contents of practical training, author suggested that the contents of training and verification methods for training should be stipulated in the Enforcement Decree of the Attorney Law. Finally, author suggested opinions on legislative improvements which is necessary to become a practical training.