법조윤리, 어떻게 가르칠까?

Abstract

As one of the results of continuous judicial reforms, finally Law School System will come into S. Korean society beginning 2009. Consequently, 'Professional Responsibility' or 'Legal Ethics' is supposed to become a mandatory teaching course like in U. S. We can refer to a lot of discussions accumulated for professional responsibility in U. S. in considering the desirable contents of Korean professional responsibility's lecture. Among them ABA's Model Rules of Professional Conduct is a precious and inspiring material for the pursuit of them. And I firmly believe that professional responsibility course in S. Korea should include specific things related to the problems of judicial corruption, judicial victims allegedly damaged in unfair judicial procedures and so on, which have been represented or symbolized in the terms of 'privileged judge-or-prosecutor-turned-lawyers' and 'no money is guilty, money makes no guilty' and the like. As you know, at present the subject of professional responsibility remains at an initial stage in Korea. I'd like to suggest several methods to effectively teach professional responsibility, which are based on the experiences of Judicial Research & Training Institute-until now the only institute making lawyers in Korea- and made in the reference of the discussions in the field of professional responsibility in U. S. Also in professional responsibility lecture, the plain actual explanation of various aspects of professional responsibility would have a main status. But it would be much better if we surf through internet the web sites abundant with materials concerned with professional responsibility, for instance www.abanet.org, the formal web site of American Bar Association. And the students will have a very vivid impression with the special lecturers of senior lawyers, judges and prosecutors. In addition, I think the lectures have to include the discussions between lecturers and students, which in my experiences could give students more appreciative opportunities to speculate many considerable things in connection with aspiring model of lawyers. Besides of them, meeting with the judicial victims, the experience of going to jails and so forth could give students not-easy-forgetting remembrances throughout their life after becoming lawyers. Finally, I'd like to say one more thing. Maybe the most important is the belief that we can change the judicial system to be enough compatible in global standards through the teaching of professional responsibility.