법학전문대학원 시행10년에 대한 회고와 전망- 일본의 로스쿨제도의 개선을 중심으로 -

Abstract

If the law school was introduced as a system to solve problems that the previousjudiciary examination system might have had, problems of the current law schoolsystem should be less or at least the same level of those in the previousexamination. Nevertheless, apart from the issue of those crippled by continuous trialsof the exam after ten years of its introduction, we can no longer ignore the fact thatit is now faced with a serious issue, which is disgrace in fairness. This cannot betrue judicial reform. True judicial reform is to seek measures to advance legalprofessionals by securing a form of absolute fairness rather than giving an excusethat unfairness is not an issue since law school system guarantees admission andsome scholarships for socially vulnerable groups. In this respect, we need to seek ways to secure judicial fairness by seriouslyconsidering preliminary test system currently implemented in Japan or the introductionof law course system in which schools with law school and schools without lawschool can be linked so that they can create win-win situations. Problems may arisefrom the introduction and implementation of such a system but they can be solvedby exploring closely the current state of Japan’s implementation of the system andcompensating for its shortcomings. By doing so, the system can be introduced. With the larger the number of successful candidates from the bar exam, the morecitizens can benefit of good quality service at low cost from more legally qualifiedprofessionals who can solve the various and complex problems, as argued by theAssociation of Korean Law Schools. In addition, It is necessary to promote balanceddevelopment of the law school system through diverse ways including 80% of pass rate in the bar exam guaranteed for the candidates from law schools, guarantee offreedom of occupation as constitutional rights and fairness which is the buzzword ofour society by securing possibility of taking bar exam through the preliminary examunder certain terms, and securing balanced graduates by allowing them to get specialadmissions to law schools if they achieve at least certain credits in legal educationand job training from schools where no law school is established.