행정소송 과정에서 나타난 법학전문대학원 예비인가 결정의 문제점

• 영문명: The problems in screening license of law school that is disclosed through the process of lawsuit
• 발행기관: 조선대학교 법학연구원
• 저자명: 이영무(Lee, Young-Moo)
• 간행물 정보: 『법학논총』제15권 제2호, 303~321쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.10.30

영문 초록

Entering the Moo-hyun Noh's governmelt, the pressure for the judicial reform from the civilian society surged, On this move, the law school agenda was critically reviewed and the legislative initiative relating the change for law school system was launched, The act concerning law schools has authorized the special committee to review the qualification of each prospective applicants, Due to many faults from the review process and subsequent screening decision, the new system faces with the conflicts and harsh dissention from its inception, I would urge that the screening decision entails a scope of flaws making it illegal and stays no longer effective, which include the violation of :panel's qualification clause and procedural requirements, prejudice of the review standards, as well as discriminatory application of the double standard against geographical justice, The aberration for the carriage of law school reform is predestined in some aspect where the government is strict with the low number of law graduates limiting the ceiling of 2000, and because each university eagerly strains for the successful law school bidding, In my point of view, the government needs to revoke the screening decision, and should begin new process in compliance with the statute substantially and procedurally, Considering the flaws underlying the previous decision, I argue that the review panel have to be reshuflled overall and that the selection decision has to be reshaped from reasonable and unbiased substantive standards, Fundamentally, the law school reform only could acquire the support of interested parties provided that the total quota of students get upgraded and that the governmental license is liberalized from the stern control of qualification review, That is also the way, I think, to corroborate with the road map of grand-scale judicial reform,

목차

I. 서론

II. 처분의 경위

III. 제칙사유의 위반

IV. 편향적인 심사기준의 설정(신뢰이익 침해의 문제)

V. 행정절차의 위배

VI. 지역균형 배려의 위반 (평등권의 침해)

VII. 결론

키워드

judicial reform license of law school panel's qualification clause administrative procedure unfairness of the review standards