민사소송법이론과 변호사실무의 연계교육 필요성

Abstract

Korea introduced new legal educational system in March 2009 after long years tug of war on systematic legal reform. This systematic reform mainly originates from the idea that the old system did not sufficiently nurture practical lawyers and professionals. Main purpose of this reform is to provide legal services, which meet citizens' various needs by introducing a kind of U.S.-style law school system. In spite of this systematic change, a few professors and law firms are trying to cooperate to lessen the gap between legal theory and legal practice as is. The education of Korea civil procedure law is also needed to be linked together with a broader meaning (area) of civil procedures. This kind of broad meaning of civil procedure contains these subjects also; civil procedure, In-depth civil procedure (enforcement of judgment, bankruptcy law, ADR, international civil procedure, class actions (securities related class action, consumer class action), comparative civil procedure (U.S., Germany, EU and Japan etc.), non-litigation case (variation-type civil procedure), provisional attachment/garnishment (preventive maintenance procedure), moot court competition, ADR competition, negotiation skills etc.), In-depth practicing subjects (complex legal documentation skills, internship, externship, legal clinic etc.). In the background of German legal system, these broad meaning of civil procedure subjects need to be arranged in an appropriate order with a more careful consideration because the interpretation of text of civil procedure law itself has been highly stressed on. Understanding the text of Korea civil procedure law is indispensable and vital to Korea civil lawyers. For this reason, educational sequences, which looks like flow chart, are needed to educate law school students with the cooperation between legal theory professor and legal practice professor. In conclusion, I recommend that these subjects need to be educated with the following sequences; legal documentation skills for beginners → In-depth legal theory with cases → In-depth practicing skills/subjects → solving complex cases on theory. Korea law school students will become a lawyer of ability by these repetitive education of civil procedural theory and lawyering skills by turns. This methods make law school students different in contrast with the old system's students. Theory oriented scholars and legal practice-oriented lawyers need to help together to get higher quality of promising lawyers who have legal expertises also in preventing and addressing legal disputes.