법학 학문후속세대 양성 방안

Abstract

Korea is on the verge of introducing a new type of law school modelled on

the American law school. It is therefore urgent to prepare for the near future

nationwide new systems of training for both the legal practitioners and the legal

academics. In this paper I suggested a model of legal training for academic

lawyers who are expected to teach and to research at a law school or a law

faculty which is not transformed to a new-type law school. The need for the

legal scholars who play a leading role in every field of legal science will be

under the new system even greater, as the most graduates of law schools

become practicing lawyers. Even though the new-type law school is modelled on

the American law school, Korea is unable to adapt an American career system

because Korea has a much smaller law market than America which is able to

afford effectively a proper number of qualified practical lawyers who are trained

under hard competition and return to the academic job at law schools. Hence it

is necessary to canalize younger generation to the academic career and to

prepare them for the job. To provide them with optimal legal training as this

profession calls for, there must be a legal training institution. As a matter of

fact, it is natural and reasonable not to separate this institution from the law

school. The only plausible suggestion, thus, appears to be that the law school

integrates this training for the future law professors and scholars in its program.

So I suggest that a three-year J.S.D.-course at the law school takes over the

task.

There will be a great variety of opinions about how we design the course in

concreto. Two main ideas are thinkable. One is for the intensified course work,