법학교육에서의 문제중심학습을 위한 "판례" 활용 전략 탐색
How to Integrate Cases with Problem Based Learning in Legal Education

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하재홍; 장경원
Issue Date
서울대학교 법학연구소
법학, Vol.50 No.1, pp. 153-190
법학교육문제중심학습법문제중심학습 운영전략문제개발전략Legal educationproblem based Learningproblem design processPBL strategy
Problem-Based Learning has been considered as an effective educational method

in legal education. However, understanding and experiences of law professors

regarding PBL are not sufficient to convert their traditional teaching methods such

as lecture and case method into PBL. It is required to lead the law professors to

implement PBL into their classrooms by explaining why and in what aspect PBL is

superior to case method. None of educational benefits of the traditional case method

are sacrificed in PBL. To solve an ill-structured problem and present their solutions,

students must read, understand, and discuss the essential cases and resources.

Students learn by themselves in PBL since problems lead them to discuss the cases.

In a class with the case method, students experience these learning process

prompted by instructors questioning.

Cases could be good problems in legal PBL. However, in converting a case to a

problem, we consider the followings; First, a problem in PBL should be complex

and difficult to solve. The problem can be designed based on the case along with

relevant articles or papers. Second, cases are easy to be accepted as a precedent

judgement. And, We suggest the following steps to design PBL problem using case

; 1) selecting topic, 2) collecting data : statute, literatures, and cases, 3) searching

grounds 4) selecting a case (or cases), 5) analyzing a case into grounds and facts,

6) reconstructing facts, and 7) writing scenario.

Problems are the starting point of learning toward learners thoughts, questions,

suggestions, and reflection, which is a critical difference of PBL from the case

method. In conclusion, more research need to be conducted regarding PBL as a...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 50, Number 1/4 (2009)
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