Earticle

초록

영어

The introduction of a law school system in Korea is a contentious subject. The involved institutions comprise the government, universities, the Korean Bar Association and the judiciary. In the beginning, there was considerable resistance against the plans for a law school system. The government decided nevertheless to change the law education system in anticipation of the opening of the law service market. The Korean government intends to conclude FTAs with the USA, China and Japan. If this plan materializes the Korean law service market will face international competition with global law firms. Then, it will become a social necessity to introduce a law school system in order to protect the rights of the Korean people in international legal disputes as the present law education system does not provide a competitive edge to the local lawyers. The Korean Bar Association is adamant about the number of students who should be allowed to enter law schools. It asserts a yearly quota of 1200 persons. The law departments of the universities insist on a number of 3000 students. The main reason for this conflict lies in differing views on the legal position of lawyers. They themselves ascribe an official character to their position, which is in general disputed by the universities. Under those circumstances, I suggest that the law school system should be redesigned, as it will not provide the envisioned effects in form of improved competitiveness. To cope with the opening of the law service market each law department should be able to choose its own focus and specialization in the law field. Then the applicants will be able to choose those law schools that match their professional ambitions best. This would also make redundant the need for the government to allocate quotas or get mixed up in the management of the law schools. Many proponents of the law school system deem it necessary for the solution of domestic problems like the excessive number of students preparing for the lawyer examination. They misunderstand or underestimate the much more important international perspective of the law schools. In the future, Korean lawyers must be able to open offices in China, India and the USA. Korean lawyers must acquire expertise in foreign law. To make that possible, the government has to redesign the present law school scheme with an orientation towards the international law service market in mind. In conclusion, the quotas as well as the specialisation of the law schools must be up to the universities in order to enhance their international competitiveness on the global law service market.

목차

ABSTRACT
 I. 서론
 II. 로스쿨 도입을 위한 사회적 논의
  1. 현행 법조인 양성제도의 문제점과 사회적 비판
  2. 법조인 양성 및 선발제도에 관한 각계각층의 입장
  3. 법조인 양성 및 선발제도에 관한 개혁논의
 III. 로스쿨 도입의 필요성에 대한 논의
  1. 법학교육의 개선
  2. 학벌문화의 타파
  3. 법조인 양성제도의 변화
  4. 법조인 경쟁력 부족해결
 IV. 선진국의 로스쿨 제도
  1. 미국의 법조인 양성제도
  2. 일본의 법조인 양성제도
 V. 국제화와 법률시장개방에 대처한 로스쿨 설립의 기본방향
  1. 법률시장개방
  2. 국가별 전문변호사 양성의 필요성 대두
  3. 법률시장 개방에 대처한 로스쿨의 설립방안
 VI. 지방화시대와 로스쿨 설립방안
  1. 지방분권화시대에 따른 법조인 양성
  2. 지역특성화에 맞는 법조인 양성
  3. 서울지역대학과 지방대학 간의 균형있는 발전도모
  4. 지방국립대학과 지방사립대학 간의 역할분배
 VII. 국제화시대에 대처하기 위한 로스쿨 설립 기본방향과 설립 인가기준과 법과대학의 존폐문제
  1. 국제적 수준의 법조인 양성시스템 구축의 문제
  2. 각 분야별 전문법조인 양성시스템 구축의 문제
  3. 로스쿨 교수진 구성의 문제
  4. 로스쿨 시설기준의 문제
  5. 로스쿨 교육과정의 문제
  6. 로스쿨 교육재원조달과 형평성의 문제
  7. 법과대학 존폐의 문제
 VIII. 결론
 參考文獻

저자

• 이학춘 [ 동아대학교 법과대학 국제법무학과 교수 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  노동법논총 [The Journal of Labor Law]

• 간기

  연3회

• pISSN

  1229-4314

• 수록기간

  1998~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 336 DDC 363