한국 법조양성시험제도의 현황 및 개선방향에 관한 연구

Abstract

American style law schools were introduced to reform the long-debated problems such as the abnormal legal education in the undergraduate course, the excessive competition in the National Bar-examination. Since July, 2007 when “the Act on the Establishment and Management of Law School” finally passed the National Assembly, Korean government approved only small number of law schools nationwide. Twenty-five law schools with 2,000 students in Korea started in march of 2009. In January, 2012, the first new Bar-examination were introduced to replace the National Bar-examination, and the National Bar-examination would be implemented until 2017. But the law school and new Bar-examination system has been criticized as benefiting only those wealthy enough to afford law school, while depriving the economically disadvantaged of a chance to enter legal circles. The National Assembly’s Legislation and Judiciary Committee is currently deliberating on several proposals designed to prolong the existence of the National Bar-examination. In December, 2015, the Ministry of Justice announced that the ministry would delay scrapping the National Bar-examination by four more years until 2021. the Ministry of Justice’s announcement left many confused, as it was unclear whether the bar exam would be abolished or retained after 2021. The ministry’s ambiguous position drew fire from both proponents and opponents of the National Bar-examination. current Bar-examination system and, if there’s any, to solve the problems by conducting a thorough study of the system. This study suggests solutions to the problems of Korean Bar-examination system are as follows, (1) it is needed that immediate improvement to solve the current problems, such as the low ratio of passing the exam, disclosing the exam scores, and legal practice training at the Judicial Research and Training Institute. (2) it is needed that alternative way to become a lawyer without through the law school system for the equality of opportunity. For this reason, it is desirable that either the continuation of the National Bar-examination or the introduction of the modified Japanese style preliminary exam for Bar-examination. current Bar-examination system and, if there’s any, to solve the problems by conducting a thorough study of the system. This study suggests solutions to the problems of Korean Bar-examination system are as follows, (1) it is needed that immediate improvement to solve the current problems, such as the low ratio of passing the exam, disclosing the exam scores, and legal practice training at the Judicial Research and Training Institute. (2) it is needed that alternative way to become a lawyer without through the law school system for the equality of opportunity. For this reason, it is desirable that either the continuation of the National Bar-examination or the introduction of the modified Japanese style preliminary exam for Bar-examination.