寻找和建议法学院教育的方向

Oh-Sik Song
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摘要

作为司法改革的一部分,法学院的设立已经有14年的历史了,但在教育内容和方向上却引发了很多担忧。由于司法考试不成为司法考试的资格考试,通过司法考试的难度过大,原计划的专业化、国际化、职业化被撤回,其教育正在以司法考试为中心提供课程和教育内容。然而,作为一所大学的附属机构,法学院不仅有预测未来法律市场和培养律师的责任,也有发展法学的责任。随着人工智能等法律技术的发展和获取法律信息的便利,数字世界时代的法律市场将需要批判性思维和创造性解决问题的能力,而不是简单和重复的任务。法学院建校以来取得的成就之一是促进了法律职业的多元化。值得注意的是,企业律师的数量在持续增长,他们的业务范围也在不断扩大。在复杂的法律纠纷中,成文法的不足和空白得到先例的补充,判例是“活法”,在具体案件中合理有效地解决仅靠法律文本无法解决的纠纷。案例理论的发展也提出了案例教学法在法学教育中的必要性。因为是韩国法系的成文法,所以不能说苏格拉底法在教育上不适用,所以应该说,这种方法的目的是像律师一样思考,即通过批判性思维提高解决问题的能力。法学院应积极响应法律需求,对实践课程、教育内容、教育方法等方面制定改进方案。法学院要求授课内容不仅包括法律知识,还包括法律原则和法律理论,甚至包括判例论证。防止韩国社会的法治倒退和满足法律服务市场的需求是法学院的责任,因此应该通过法学院教育改革,努力使法学院成为培养律师的先进体系。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Searching for and suggesting the direction of law school education
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.
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