형사법에서의 이론교육과 실무교육의 조화

This article searched for how to get a successful integration of traditional and clinical methodologies in the upcoming graduate-level Korean law school education. There is a compelling need to change legal education in Korea in significant ways. Until now most Korean undergraduate-level law schools are not committed to preparing students for practice. It is generally conceded that most law school graduates are not as prepared for law practice as they could be and should be. The author strongly encourages Korean legal educators to do the following jobs. First, teaching 'think like a lawyer' is not enough, but giving a complete lawyering skills('act like a lawyer') to the students would not an easy job for the time being in Korea. Instead the primary goal of legal education should be to develop competence, that is, the ability to resolve legal problems effectively and responsibly. Second, The program of instruction should integrates the teaching of theory, doctrine, and practice. Legal educators should integrate the teaching of theory, doctrine, and practice. They should recognize the value of both as important subjects for teaching and scholarship. They must avoid being too narrow, devoting too much time to honing the ability to analyze doctrine and too little to developing other abilities. Blending of traditional and clinical methodologies should occur in all areas of the law. Third, Law schools should help students acquire the attributes of effective, responsible lawyers including self-reflection and lifelong learning skills, intellectual and analytical skills, core knowledge and understanding of law, professional skills, and professionalism. Fourth, Outcomes-focused education is becoming the norm throughout higher education. Law schools should shift from content-focused programs of instruction to outcomes-focused programs of instruction that are concerned with what students will be able to do and how they will do it, as well as what they will know on their first day in law practice Fifth, the author contends that theories should be drawn from real world phenomena. Theorists should attempt to devise solutions that have some chance of success given existing political and economic conditions. The common sense jurisprudence calls upon theorists to explain or package their works so as to make them accessible and useful to practicing attorneys.