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논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2003.12
- 수록면
- 1 - 50 (50page)
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Two major trends in Korean society from mid 1990s, - democratization and industrialization - have driven korean legal profession to face strong demands for reformation. In 1994, under the first civilian regime of the President Kim, Y.S., there was epidemic movement toward democratization and globalization in legal profession initiated by law professors and NGO's. They have tried to re-conceptualize lawyer not as "law bureaucrat" but as "legal service provider", to reform education system of lawyers, and radical increase of number of lawyers. The President's Commission on Globalizaion drove this movement and could get some compromises with the Supreme Court, one of which is to increase number of new entry into JRTI from 300 upto 800 by 1999.
At this time, the idea of Law School system attracted public attention for the first time, and it has provided lots of useful motives to the second movement toward Judicial Reform in 1999 which was triggered by political consideration. New government of the President Kim, D. J. organized several teams for management consultation of governmental agencies, one of which was that of the Department of Justice and the Public Prosecutor's Office. In 1998, this team had made a critical report with suggestion that the overlaps between these two agencies in their personnel and organizational functions be urgently removed, that there be set up check and balance relationship between them, and system of the High Public Prosecutor's, which rarely had any significant functions offices be abolished. On the other hand, the Minister of Education, established the Presidential Commission for the New Education Community with aim of restructuring and globalizing the education system. This commission reported, in 1999. to the President that Professional School-esp. Law School and Medical School- system be pre-requisite for that purpose.
Lawyers in that time felt that their status quo was seriously challenged by those two reports. Led by the Minister of Justice, Park, Sangchon, they tried to block those reform and with the President's permission, made new committee for judicial reform; the Committee for advancement of Judicial Reform(May 1999-Dec. 1999), which was consist of two from the Judiciary, two from the Prosecutor's Office, three from Bar Association(including the chairman), three from College of Law(2 of them was former prosecutor), and five from civilian sector. However, this committee's main target was not advancing the process of judicial reform only but blocking it. Though this committee made a huge volume of report, few parts of it had been performed: no Law School, no renovation of law enforcement system, no improvement in legal service. The almost unique change was executing office of the Bar Exam: from the ministry of Gov't Administration and Home Affairs to thar of Justice. And Nothing! And new movement for judicial reform is on its beginning in 2003.
This paper analyses this trend in perspective of professionalization of lawyers and tries to pose some rationale for adopting Law School system as effective and efficient in training lawyers who are to be trade warriers in this new era of nee-liberalism and globalization. The changed law market does not afford any ground for traditional training system of lawyers, which only has orientation to make law-bureaucrats. Korean people has been experiencing post-industrial and democratized society from 1980s, and such law-bureaucrats who has served authoritarian regime has to change themselves to meet new law markets such as consultation, negotiation, legal drafting, and pro bono practice. That's the reason why the system of training lawyers shall be transformed from bureaucratic one to civil society controling one.
At this time, the idea of Law School system attracted public attention for the first time, and it has provided lots of useful motives to the second movement toward Judicial Reform in 1999 which was triggered by political consideration. New government of the President Kim, D. J. organized several teams for management consultation of governmental agencies, one of which was that of the Department of Justice and the Public Prosecutor's Office. In 1998, this team had made a critical report with suggestion that the overlaps between these two agencies in their personnel and organizational functions be urgently removed, that there be set up check and balance relationship between them, and system of the High Public Prosecutor's, which rarely had any significant functions offices be abolished. On the other hand, the Minister of Education, established the Presidential Commission for the New Education Community with aim of restructuring and globalizing the education system. This commission reported, in 1999. to the President that Professional School-esp. Law School and Medical School- system be pre-requisite for that purpose.
Lawyers in that time felt that their status quo was seriously challenged by those two reports. Led by the Minister of Justice, Park, Sangchon, they tried to block those reform and with the President's permission, made new committee for judicial reform; the Committee for advancement of Judicial Reform(May 1999-Dec. 1999), which was consist of two from the Judiciary, two from the Prosecutor's Office, three from Bar Association(including the chairman), three from College of Law(2 of them was former prosecutor), and five from civilian sector. However, this committee's main target was not advancing the process of judicial reform only but blocking it. Though this committee made a huge volume of report, few parts of it had been performed: no Law School, no renovation of law enforcement system, no improvement in legal service. The almost unique change was executing office of the Bar Exam: from the ministry of Gov't Administration and Home Affairs to thar of Justice. And Nothing! And new movement for judicial reform is on its beginning in 2003.
This paper analyses this trend in perspective of professionalization of lawyers and tries to pose some rationale for adopting Law School system as effective and efficient in training lawyers who are to be trade warriers in this new era of nee-liberalism and globalization. The changed law market does not afford any ground for traditional training system of lawyers, which only has orientation to make law-bureaucrats. Korean people has been experiencing post-industrial and democratized society from 1980s, and such law-bureaucrats who has served authoritarian regime has to change themselves to meet new law markets such as consultation, negotiation, legal drafting, and pro bono practice. That's the reason why the system of training lawyers shall be transformed from bureaucratic one to civil society controling one.
목차
Ⅰ. 법조양성제도의 문제점
Ⅱ. 법조개혁의 당위성
Ⅲ. 법조양성제도의 개혁
Ⅳ. 결론 : 전문법학대학원안의 검토와 정리
Abstract
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UCI(KEPA) : I410-ECN-0101-2009-360-019481314