민사소송법이론과 변호사실무의 연계교육 필요성

• 발행기관: 한국민사소송법학회
• 저자명: 함영주
• 간행물 정보: 『민사소송』제13권 제2호, 64~99쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.11.30

영문 초록

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.

목차

Ⅰ. 들어가며

Ⅱ. 법학전문대학원 민사소송법 교육의 범위

Ⅲ. 사법연수원 민사변호사실무교육의 현황

Ⅳ. 사법연수원의 경험에 비추어 본 법학전문대학원의 민사소송이론교육과 실무교육의 연계

Ⅴ. 결어

참고문헌

키워드

인턴십 익스턴십 리걸클리닉 소송 대체적 분쟁해결방법론 동석수습 법률사무소 미국변호사협회 가인 법정변론 경연대회 변호사 재교육 internship externship legal clinic ADR 同席修習 law office ABA Korea Moot Court Competition Continuing legal education CLE