法學專門大學院에서의 사례위주 民法敎育方法에 관한 試論

Abstract

In this Study I have tried to find a concrete teaching method of lectures on Civil Law putting first in real cases by judicial precedents in korean Law Schools. The summary of the conclusion is below : ① In korean Law Schools lectures on Civil Law are classified by the criterion of the nature and the level of the lecture into a Fundamental Lecture, a Practice(exercise) or Seminar, a Training in practical, a Lecture in a high and professional stage in specialized fields. I think that the time is not yet ripe for practice the american case-method in korean Law Schools at present, and so the american case-method cannot be applied to all sorts of lectures on Civil Law lectures in korean Law Schools. But the american case-method can be applied to limited area of the Practice(exercises) or the Lectures of high and professional stage in specialized fields. ② It is actually difficult and undesirable to teach by american case-method in a fundamental stage of lecture on Civil Law in korean Law Schools. Instead of this it is reasonable to take aim of the first stage of lecture on Civil Law at making students themself familiar with the knack of grasping the fact of a judicial precedent and the basis of judgment of the precedent by blending debate-method with a lecture-method centering about the leading cases on the topic of the lecture. ③ It is desirable to take case­method putting first in real cases by judicial precedents in a lecture on Civil Law that is in the second stage of lecture on Civil Law Practice(exercises) or Seminar. In this stage of lecture on Civil Law it is possible to take the case­method mixed by debate­method in which the professor supervise the process of debate. Needless to say it must to be officially noticed about the leading cases to students in advance of a lecture and all students must grasp not only the fact and the judgment of the case but a dissenting opinion etc. and they must prepare the debate in the class. ④ It is also possible and desirable to take the case­method putting first in real cases by judicial precedents in a Lecture on Civil Law that is in a high and professional stages in specialized fields, and the method of lecture in the second stage of lecture on Civil Law Practice(exercises) or Seminar could be applied to this stage of lecture. My view of teaching method putting first in real cases by judicial precedents in a Lecture on Civil Law above is merely deduction from my experience until now, so the validity of which should be corrected and supplemented through real lectures from now in Law Schools.