Institute for Legal Studies Chonnam National University最新文献

{"title":"Some Problems with Drinking Under the Railway Safety Act","authors":"Tae-Soo Kim","doi":"10.38133/cnulawreview.2023.43.1.81","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.1.81","url":null,"abstract":"The Railway Safety Act prohibits drinking and stipulates punishment for violations, but there are the following problems. First, the subject of this crime is the identity offender. Therefore, even if a railroad vehicle of an unidentified person is drunk driving or aiding and abetting, it cannot be punished, so it should be revised as a general offender. Therefore, it is considered reasonable to define it as a general offender in paragraph (1) and to have a ban on drunk driving of railway workers in paragraph (2). Second, if a railroad worker drinks more than a certain amount of alcohol, it is stipulated as the same legal type regardless of the blood alcohol concentration standard. However, it is necessary to subdivide and define the statutory sentence according to the blood alcohol concentration in accordance with the principle of responsibility. Third, breath testing is to investigate drinking work. However, there is a higher risk of refusing to comply with the drinking test as the statutory punishment for violating the drinking business is stipulated to be lower than non-compliance with the drinking test. Therefore, it is necessary to amend the statutory sentence for violations of drinking work and non-compliance with drinking tests to be the same. Fourth, regulations that allow railroad workers to arbitrarily revoke or suspend their driver's license or control qualification regardless of the recovery of drinking work or refusal to take breathalyzer tests are not appropriate. Therefore, from the second time of recidivism, that is, it is necessary to cancel or suspend the license or control qualification.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134314635","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The effect of the impossibility of returning the original property in the restoration of the original state due to cancellation","authors":"Byung-Seok Lim","doi":"10.38133/cnulawreview.2023.43.1.47","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.1.47","url":null,"abstract":"In social life, it is not uncommon for contracts of sale to be canceled. This includes contract cancellation, such as contract cancellation or cancellation pursuant to Article 565, or statutory cancellation due to delay in performance or inability to perform. At this time, the prevailing view and the Supreme Court regard the relationship of restoration to original state due to cancellation as the relationship of return of unjust enrichment, which is related to legal claims, and apply the provisions on the return of unjust enrichment unless there are special provisions such as Article 548 regarding restoration to original state. However, there are still many issues that remain unresolved here. One of such issues is the issue of liability for damages and risk bearing due to the impossibility of returning the original goods in the restoration of the original state due to cancellation, and the rightt of vicarious compensation Through this article, we will discuss the subject and scope of the obligation to return the original property and value in restoration of the original condition due to the cancellation of the sales contract, the right to make a claim for damages and the right to claim compensation for damages (Article 390) due to the impossibility of returning the original property, and the risk bearing problem. I looked. In particular, although there is no express provision in the Civil Act, the dominant view and the right to claim the subject recognized by the Supreme Court are not only recognized in the case of inability to pay (impossibility to perform), etc. I knew that it could be accepted in any case. And apart from the liability for damages caused by default on the basis of the default that caused the statutory release, if the recipient's intention or negligence is recognized for the impossibility of returning the original state due to the release, the recipient also claims to the beneficiary at this time. It was also confirmed that it could bear the liability for damages under Article 390. For example, if the buyer, who is the recipient who is to deliver (return) the object to its original condition after the contract is canceled due to the buyer's delay in paying the price, loses the object by negligence, Since the recipient, obligated to return the object, violated the duty of care of a good manager in keeping the object and destroyed the object, he is liable for damages caused by the non-fulfillment of obligations. Compensation is caused by non-fulfillment of contractual obligations, and compensation for damages due to inability to return original goods in restoration to original state due to cancellation is caused by non-fulfillment of statutory obligations, which is the obligation to restore the original state. In addition, regarding Article 553, which stipulates the special cause of extinction of the right of rescission, the prevailing opinion affirms the application of Article 553 even before the right of rescission occurs, but i","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129944672","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Status and Role of Law in Bio-politics: Bio-politics and law seen through the ｢SERIOUS ACCIDENTS PUNISHMENT ACT｣","authors":"Bong Su Kim","doi":"10.38133/cnulawreview.2023.43.1.99","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.1.99","url":null,"abstract":"At some point, the victim’s name comes before the bill. These ‘naming bills’ honor ‘deaths that became law’. The ｢SERIOUS ACCIDENTS PUNISHMENT ACT｣ to be covered in this article is one of the “Acts as a Monument” which was called the “Late Kim Yong-kyun Act.” Bio-politics emerges in the philosophical context of postmodernity to overcome Western modernity. In other words, it is the “Bio-politics” that focuses on overcoming modern understanding of humans (humanism, reason, rationality, etc.) and human life and life that are at stake in the excess of capitalism and science and technology. And the law is related to Bio-politics in that it is a social condition that is partially involved in the discussion of life politics of Foucault, Agamben, and Hart/Negri. As the name of the law says, the Serious Disaster Punishment Act is a law specially enacted for the punishment of disaster managers. And the legitimacy of the punishment is sought from “prevention of serious disasters” and “protection of life and body.” From this point, the moment when “protection of life and body” is put to the forefront as the justification for punishment, the law for punishment is linked to “Bio-politics” and “Bio-power” intervenes in the process. The ｢SERIOUS ACCIDENTS PUNISHMENT ACT｣ shows the appearance of “living” Bio-power by expanding the scope of protection to “workers and citizens,” but also creates exceptions or blind spots by reducing/limiting the scope and scope of application through the norm framework of “principle-exception.” However, the fact that the ｢SERIOUS ACCIDENTS PUNISHMENT ACT｣ was enacted to enable punishment of managers and corporations, which was previously impossible, may indicate that “multiple” resistance to life power has already begun. I think that the current time, one year after the enforcement of the law, is a time when the boundaries between life and death have not yet been clearly drawn. Therefore, now is the time to redraw the boundaries of the law in the direction of expanding the realm of life a little more through multiple continuous attention and raising questions, not as “Joe” or “Homo Soccer,” but as “Bios.”","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126183313","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Customs on paddy field loss(浦落) and mud formation due to flooding(泥生) in Traditional Legislation","authors":"K. Son","doi":"10.38133/cnulawreview.2023.43.1.1","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.1.1","url":null,"abstract":"In this study, I traced the custom of paddy field loss(浦落), which is recognized as the cause of the loss of land ownership in the jurisprudence of the Supreme Court decision. The paddy field loss was not judged as the cause of the loss of ownership from the Chosun Dynasty to the enlightenment period. According to the custom in the traditional society, when the paddy field loss was caused due to flooding and the land was submerged in a river, and a new land(泥生地) was created by the mud formation on the opposite shore or downstream of a river, the landowner of the paddy field loss could obtain the ownership of the new land. In addition, it can be seen that the legal principles of paddy field loss(浦落) and mud formation due to flooding(泥生) in the Chosun Dynasty are similarly applied to civil trials in the enlightenment period. However, the custom on paddy field loss and mud formation due to flooding has been no longer recognized by the decision of the Chosun High Court on November 1918. And in 1927, the Chosun Stream Order(朝鮮河川令) was enacted, which specified that the land which has become the public stream due to paddy field loss is not the subject of ownership in the text of the law. After liberation, the Supreme Court had faithfully succeeded the regulations of Chosun Stream Order(朝鮮河川令) and the decision by Chosun High Court. Therefore, the decision of supreme court has maintained that 'the land ownership is lost due to paddy field loss. In the traditional society, paddy field loss and mud formation due to flooding were approached in terms of the efficiency of the national tax administration. On the other hand, in the modern society after the Japanese colonial period, there is a difference in approaching paddy field loss and mud formation due to flooding as a matter of who belongs to land ownership.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129909042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the Prostitution Law for the Protection of Women’s Human Rights: Focused on the Nordic Model","authors":"Na Roo Kim","doi":"10.38133/cnulawreview.2023.43.1.131","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.1.131","url":null,"abstract":"According to Korea's current law, both sex sellers and sex buyers, who are parties to prostitution, are punished, but those forced to sell sex due to hierarchy and power are excluded from the punishment, and the burden of proof of the damage is placed on women in prostitution. Although prostitution is currently illegal, the market size of prostitution is estimated to be more than 30 trillion won, and it is becoming more organized and intelligent. At the same time, the problem of human rights violations such as exploitation and violence against sex-selling women is accelerating. This shows that the current method of regulating prostitution has limitations in eradicating prostitution, blocking demand, and protecting the human rights of prostitution women. Above all, the current punishment clause for both parties of prostitution is abused as a means of threatening women even if they are victims of various crimes such as sexual violence and abuse. In addition, if prostitution women fail to prove the damage that they were forced to trade sex by others, they will eventually be punished, which makes them hesitate to report. In this situation, practical solutions are needed to effectively block the growing demand for prostitution and to protect prostitution women, and as part of this, it is essential to consider the Nordic model of punishing sex buyers and brokers without punishing sex sellers.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131565803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal validity of the so-called ‘Safety guarantee certificate’ issued to the members of local housing associations: Focusing on 2020 Na 63252 decision of the Suwon District Court on May 12, 2021","authors":"Ji hyeong Lee","doi":"10.38133/cnulawreview.2023.43.1.155","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.1.155","url":null,"abstract":"Local housing associations play leading role in in its project, such as purchasing land, selecting a construction company. With initial funds that the members of the associations provided, the associations can promote the project at an affordable price with a simpler procedure, so that the members can get houses easily. On the other hand, if a project is delayed or canceled due to problems such as taking land ownership, compensating for migration, internal corruption, and false or exaggerated advertising in the process of recruiting members, most of the poor and ordinary people may suffer financial damage. Legal disputes between Local housing associations and their members have continued to increase, and this trend is expected to further intensify due to the recent real estate economic downturn. There are cases the lower court accepted the invalidity of the so-called ‘Certificate of security’ among various legal issues raised and returned the contributions of the plaintiffs, where the plaintiffs, who are members of a Local housing association, claimed to withdraw the membership and return the contributions against the association. In this paper, a case mentioned in the sub-title(‘subject decision’) is discussed to find an institutional improvement of Local housing association system.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129875831","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A legal Review of the Extinction of Political Parties: Focusing on the Registration and Cancellation of Political Parties Registration","authors":"Hyun Jai Kim","doi":"10.38133/cnulawreview.2022.42.4.41","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.4.41","url":null,"abstract":"Political parties need to be distinguished from general political associations or social organizations. However, the Constitution does not have explicit regulations on the concept of political parties. Any political party can be said to be a formal concept with only two elements as conceptual signs: participating in the formation of the people's political will such as elections and having a voluntary organization of the people. Article 8 (1) of the Constitution guarantees the freedom to establish political parties and a multi-party system, and the Party Act should contain content that realizes and embodies such freedom, but on the contrary, it should not contain content that controls and suppresses such freedom. In light of the fact that both authoritarianism and authoritarianism can be recognized under the law, the registration system itself, which requires the National Election Commission to register as the competent authority by examining only formal requirements for organizations with substantive requirements as parties under the party law, cannot be considered unconstitutional. However, demanding more than 5 cities and provinces and more than 1,000 members as legal requirements for registration of political parties is an excessive restriction and burden on new or small parties compared to existing large parties. According to the Political Parties Act, just before the revision of the Political Parties Act in 2004, the district party required only 1/10 of the local constituencies and the number of members of more than 30 per district, so the total number of party members was only 720. However, with the revision of the Political Parties Act in 2004, a total of more than 5,000 party members are now needed, which can be evaluated as a reform, not an improvement. Furthermore, due to the requirements of more than five districts under the Political Parties Act, it is difficult to establish regional political parties at the small and medium-sized regional level that can be closer to the metropolitan area, so it needs to be revised. The reason for cancellation of party registration also needs to be improved within a short period of four years. In addition, the cancellation of registration due to the weak results of participating in the election leads to the abandonment of participation in the parliamentary election itself due to concerns over the cancellation of registration in the case of new and minor parties. And by depriving the public of the opportunity to grow into a more solid political party in the process of continuing party activities, there is a concern that it will block the political cohesion of minority opinions and undermine political diversity and openness of the political activities. Therefore, it is necessary to simply completely abolish it according to the decision of the Constitutional Court. Furthermore, it would be reasonable to allow the party to hold the remaining property due to the cancellation of registration in case the par","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127232542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the Key Issues of Legislation of Anti-discrimination Act: Focusing on the Bills of Equality Act Proposed to the National Assembly","authors":"Jean Ahn","doi":"10.38133/cnulawreview.2022.42.4.281","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.4.281","url":null,"abstract":"This article aims at figuring out the key issues of legislation through the analysis of the bills of Equality Act or Anti-discrimination Act proposed to the National Assembly, based on the preliminary overview of legislative movement for the enactment of Anti-discrimination Act and the short history of legislation over the fifteen years since Ro Moo-hyun government in Korea. Key issues are picked out as follows through examining four bills proposed to the the National Assembly(Hye-young Jang’s Bill under the name of the Anti-discrimination Act and Sang-min Lee’s Bill, Joo-min Park’s Bill, and In-sook Kwon’s Bill under the name of the Equality Act) : the appropriate name of anti-discrimination law, types of discrimination, areas(scopes) and grounds of discrimination, exceptions of discrimination, instrument of remedy of discrimination, adoption of the compensatory and punitive damages. All the Bills agreed that ‘gender identity’ and ‘status of employment’ should be added to the current nineteen grounds of discrimination stipulated in the National Human Rights Commission Act as the protected characteristics of grounds of discrimination. Hye-young Jang’s Bill includes two more grounds of discrimination such as language and nationality. Furthermore, this study is suggesting to add three more characteristics of grounds of discrimination such as academic background, occupation, and engagement in labor union because those characteristics are very influential in Korean culture. Four bills are commonly suggesting to expand the scopes of discrimination by adding ‘the supply or use of administrative services et. al’ to the current three scopes (employment, the supply or use of goods and services, education) under the National Human Rights Commission Act. They also accepted the broad conception of discrimination which includes indirect discrimination, harassment, sexual harassment and the discriminatory advertisement or expression as well as direct discrimination. Consequently the equality act need to extend the conception and types of discrimination beyond the National Human Rights Commission Act. According to all of the Bills, not only the affirmative action but genuine occupational qualification(BFOQ) in employment should be accepted as the exception of discrimination. In order for the effective enforcement of the equality act, all the Bills are adopting the new instruments of remedy such as the corrective order, the support of litigation of the National Human Rights Commission, provisional or positive measures by the court decision, and the compensatory and punitive damages for the harmful discrimination. These key issues should be considered in the legislation of the anti-discrimination act or the equality act in the near future.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"301 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124300677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Kritische Überprüfung über die Voraussetzungen einer Stalkingstat nach dem Anti-Stalkingsgesetz und ihre Reformvorschläge","authors":"Ji-yun Jun","doi":"10.38133/cnulawreview.2022.42.4.171","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.4.171","url":null,"abstract":"Seit den späten 1990er Jahren hat sich Stalking zu einem ernsthaften sozialen Problem entwickelt, und seit 1999 wurden der Nationalversammlung viele Gesetzentwürfe zur Bestrafung von Stalking vorgelegt. Nachdem man sich aber nur auf das Bestrafung im Prinzip geeinigt und konkrete Details besprochen hatte, wurde schließlich im Nachgang zum ‚Nowon-Mordfall an Muttern und Töchtern‘ am 20. März 20210 . das Anti-Stalkingsgesetz erlassen und trat sechs Monate später am 21. Oktober 2021 in Kraft. Der Anstieg der 112-Anzeigen nach Inkrafttreten des Anti- Stalkingsgesetzes wird gewertet, um die Erwartungen der Opfer an Schutzmaßnahmen durch die Polizei und Bestrafung der Täter widerzuspiegeln. Als solches gibt es positive Aspekte des Anti-Stalkingsgesetzes in einer Situation, in der das Anti-Stalkingsgesetz vor nicht allzu langer Zeit erlassen wurde, aber andererseits Änderungen eingereicht wurden, bevor das Gesetz in Reaktion auf die aufgezeigten Probleme mit dem Gesetz erlassen wurde. Dementsprechend wurde in diesem Papier ein Reformvorschlag erstellt, indem die in unserem Anti-Stalkingsgesetz festgelegten Voraussetzungen für die Feststellung eines Stalking-Delikts kritisch geprüft und mit ausländischen Stalking-Delikten verglichen wurden. Die Ergebnisse dieser Überprüfungen lassen sich wie folgt zusammenfassen: Erstens sieht das Strafgesetz vor, dass die Verfolgung eine Handlung ist, die der Art der Verfolgung entspricht, wie z. B. die Verfolgung oder Beobachtung der anderen Person oder ihres Mitwohners oder ihrer Familie, gegen den Willen der anderen Partei. Unter den fünf hier geregelten Stalking-Arten ist das Stalking wie das Abhören aufzunehmen und die in Nr.5 beschriebene Stalking-Art „Beschädigung von in Häusern platzierten Gegenständen etc.“ zu streichen. Zweitens gibt es Kontroversen darüber, ob Stalking-Verbrechen als Verletzungsdelikt oder Gefährdungsdelikt angesehen werden. In dem Sinne, dass der Artikel ausdrücklich in Form eines Verletzungsdelikts beschrieben wird, sollte er als Verletzungsdelikt angesehen werden, und die Anerkennung als Gefährdungsdelikter ist eine erweiterte Interpretation, die für den Angeklagten ungünstig ist und gegen das Prinzip nulla poena sine lege verstößt. Drittens, selbst wenn ein Stalking-Verbrechen unter einen Verletzungsdelikt fällt, ist es zum Schutz des Opfers nicht angemessen, es so zu lassen, wie es ist. Daher ist es notwendig, es als Gefährdungsdelikt zu ändern, und insbesondere wurde ein Plan zur Überarbeitung vorgeschlagen, damit es dem Cyber-Stalking gemäß dem Gesetz über Informations- und Kommunikationsnetze entspricht. Viertens bezieht sich die Stalking-Kriminalität auf das kontinuierliche oder wiederholte Stalking. Da der Begriff der Kontinuität hier jedoch ein quantitativer Begriff ist, der die Zeit fortsetzt, ist es schwierig, ihn eindeutig zu bestätigen, und in dieser Hinsicht ist es schwierig, ausländische Gesetzgebungsbeispiele zu finden, die Kontinuität bei der Feststellung eines Stalking- Ve","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129043641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Searching for and suggesting the direction of law school education","authors":"Oh-Sik Song","doi":"10.38133/cnulawreview.2022.42.4.1","DOIUrl":"https://doi.org/10.38133/cnulawreview.2022.42.4.1","url":null,"abstract":"Though it has been for fourteen years since law school started as a part of judicial reform, it has raised many concerns about the content and direction of education. Due to the excessive difficulty of passing the bar exam without becoming the qualification test of the bar exam, the specialization, internationalization, professionalization planned for originally have been retreated and its education is being provided with curriculum and educational contents centered on the bar exam. However, as a university affiliated institution, the law school has the responsibility to not only predict the future legal market and train lawyers, but also develop the jurisprudence. The legal market in the digital global era will demand the critical thinking and creative problem-solving skills rather than simple and repetitive tasks because of the development of legal technology such as AI and the easy access to the law information. One of the achievements since the establishment of the law school is the advance of the diversity of the legal profession. It is noteworthy that the number of corporate lawyers continues to grow, they have been expanding their scope. In complex legal disputes, deficiencies and gaps in the statutory law have been supplemented by precedents, which are ‘living laws’, for rational and valid dispute resolution in specific cases that cannot be resolved with mere legal text alone. This development of case theory raises the necessity of the case method in law education as well. It is not valid to point out that the socratic method is not appropriate in the educational one because it is a written law of Korean legal system, so it is suggested that the purpose of this method is thinking like a lawyer, that is, improving problemsolving ability through critical thinking. Law school should prepare improvement plans for improvement plans for practical curriculum, educational content, and educational methods responding to legal needs actively. Law schools demand for the lecture encompassing legal principles and legal theory as legal knowledge as well as even the arguments of precedents. Now that it is the law school's responsibility to prevent the retreat of the rule of law in Korean society and meet the demands of the legal service market, law schools should make an effort to establish it as an advanced system for nurturing lawyers through the reform of law school education.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129153939","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}