법학전문대학원 제도하에서의 민사소송법 교육방법론 시안 = -Pedagogical Method in legal education focused on the civil procedure subject-

다국어 초록 (Multilingual Abstract)

In 2009 Korean Law Schools(KLS) were opened with a deep anxiety because most KLS could not prepare for new educational system until then. Especially, we could not have time enough to make new lecture materials and to decide how to teach KLS students. Many people argues that KLS should change their lecture method and curriculum so as to educate prospective lawyers efficiently. They also insist that professors of KLS should teach practice fields such as the Korean Judicial Research and Training Institute(KJRTI) established by the Korean Government. However, KLS is not a training institute but just educational graduate school of law. Furthermore, we teach graduate students who have studied diverse majors in undergraduate colleges unlike KJRTI, and then they should be educated in law from the beginning level. Therefore, we have to emphasize theory education rather than practice in civil procedure subject and other subjects although we should teach theory and practice coincidently in KLS.

What is the purpose of KLS? The author think that we should educate law school students so as to think like a lawyer. Then what is the "think like a lawyer"? There are five elements to thinking like a lawyer: judgment capacity, legal reasoning capacity, communication capacity, comprehension of professional norms and responsibilities and leadership. Each of these components has both knowledge and skills aspects. Now the purpose of law school can be more clearly stated: to teach prospective lawyers the knowledge and skills necessary to exercise sound judgment, develop sound legal reasoning capacity, communicate effectively, cooperate with colleagues and function at all times in accordance with professional norms and responsibilities.

In order to achieve our goal in KLS, a civil procedure subject should have a important role in KLS because it has acted as a mediator between the legal theory and practice. First of all, we have to change curriculum so as to teach civil procedure-related subjects such as Civil Enforcement, Bankruptcy law, Arbitration and International litigation as well as civil procedure. And also we have to change teaching method so as to make a interactive classroom environment that thinking like a lawyer demands. The problem method based on the Socratic method could be the best teaching method to coincide with the purpose of law school.

On the assumption that change is certain to occur in KLS system, this article looks chiefly at the extent and the substance of change. First, the article will identify the common barriers present throughout the law education in Korea. Second, the article will describe the new teaching method, especially socratic and problem method which are most popular in the US law school as a alternative to overcome these barriers. Finally, the article will set forth some suggested strategies for realizing new teaching method to achieve goal in new law school system through my experiences in the past.

참고문헌 (Reference)

1 이은기, "환경법의 교육방법론 소고" 한국환경법학회 29 (29): 289-318, 2007

2 조홍식, "서울대학교 법학전문대학원의 기본 방향" 45 (45):

3 이국운, "법학전문대학원의 헌법교육, 어떻게 할 것인가?" 법과사회이론학회 (26) : 9-42, 2004

4 김종철, "법학전문대학원에서의 교육내용과 방법에 대한 소견" (37) :

5 최성경, "법학전문대학원에 있어서의 교육프로그램과 방법론-민법교육을 중심으로-" 한국법정책학회 (1(5)) : 583-604, 2005

6 김창록, "법학전문대학원 교육의 내용과 방법" 법과사회이론학회 (33) : 47-65, 2007

7 박민, "법학교육방법론에 대한 소고" 대한교육법학회 18 (18): 73-95, 2006

8 한충수, "민사소송법의 이론과 실무" 홍문사 2006

9 김재원, "미국 로스쿨의 법학교육방법－Case Method에 관한 오해와 이해－" 한국법철학회 9 (9): 57-80, 2006

10 김연, "로스쿨에서의 민사소송법 교육" 법학연구원 28 (28): 319-353, 2008

11 "MacCrate Report(An Educational Continuum Report of The Task Force on Law Schools and the Profession" 1992

12 Martha Minow, "KEEPING STUDENTS AWAKE: FEMINIST THEORY AND LEGAL EDUCATION" 50 : 337-, 1998

13 Myron Moskovitz, "Beyond the case method: it's time to teach with problems" 42 : 241-, 1992

14 John O. Mudd, "Academic change in Law Schools" 29 : 29-, 1994

15 Bethany Rubin Henderson, "ASKING THE LOST QUESTION: WHAT IS THE PURPOSE OF LAW SCHOOL?" 53 : 48-, 2003