변호사시험과 민사소송법

• 발행기관: 한국민사소송법학회
• 저자명: 김연
• 간행물 정보: 『민사소송』제23권 제1호, 83~121쪽, 전체 39쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.02.28

영문 초록

It has been almost a decade since the new bar examination, which has been adopted as a new test method to replace the existing bar examination that has been conducted to select lawyers, with the introduction of the law schools. As a reformative measure to correct various problems the old bar examination had, it can be assessed that the new bar examination is successfully being established despite many problems still being pointed out. One of the major changes is that working-level education was strengthened during the curriculum of law school, which is why the Civil Procedure Law was much more important than ever, but it is pointed out that the results of the analysis of the test were not. The new bar examination is divided into optional, case-type, and legal document types, and it is shown that the field of Civil Procedures Law that belongs to civil law among public law, civil law, criminal law, and selective subjects did not have as much weight as is necessary in legal practice. Besides, unlike other laws that cover many special laws, the Civil Procedures Law focuses only on the narrow-minded Civil Procedure Act, and hence the practice of lawyers has not been completely pursued. In addition, as the proportion of precedent cases in the test increases, education of the Civil Procedures Law is also reduced to case education, so there are concerns that the law practitioners may not understand the true meaning of the Civil Procedures Law and thus may interfere with the development of Civil Procedures Law, so a balanced application of the code, theory, and case law, etc. Ultimately, a lawyer who does not understand the Civil Procedures Law cannot protect the people’s rights and interests. In order for a lawyer to fully understand the Civil Procedures Law, the education of the Civil Procedures Law must be normalized. And we should face up to the reality that normalizing the bar examination should be accomplished in advance for the education of Civil Procedures Law at law schools to be normalized.

목차

Ⅰ. 들어가며

Ⅱ. 변호사시험에서의 민사소송법의 비중

Ⅲ. 변호사시험 민사소송법 관련 문제의 내용적 검토

Ⅳ. 민사소송법과 관련한 변호사시험의 개선

Ⅴ. 결론

키워드

변호사시험 민사소송법 법학전문대학원 변호사 법학교육 Bar Examination Law of Civil Procedure Law School Lawyer Education of Law