법학전문대학원에서의 실무교육과 ‘실습과정’ 과목의 운용방향 - 로펌, 법원, 검찰, 공공기관에서의 실무수습을 중심으로 -

This article explores practical educational system in Korean law school. We have met a turning point of adequately harmonizing deductive reasoning method of legal education(of Continental law system) and inductive reasoning method(of Anglo-american law system). This two methodologies are contrary to each other. Recently countries of Anglo-American law system and those of Continental law system are using the other’s methodology in legal education. Now we must consider that two methodologies are converging mutually. Some professors are misunderstanding that ‘practice’ of practical education in Korean law school is only forming formulas of legal documents like a complaint or a letter of complaint for lawsuit and learning lawyer’s skills. I think that real practical learning in law school is the synthesis of every legal education on legal reasoning activities as like discovering law(involving theory and statutes) or improving ability of legal reasoning to resolve actual human problems. Such activities in all may be comprehensively called “lawyering” in U. S. law school. Professors who have practical career as a attorney at law or judge or prosecutor(we called them ‘practical professors’ in Korea) have used judical precedents for resolving actual cases during practical working period. Therefore practical professors should discriminately teach students precedents analyzing reversely and reproducing concerned cases as complete actual case in comparison. Theoretical professors and practical professors who need to educate completely capable lawyers must work together to achieve real harmony between theoretical education and practical education in Korean law school. Basically law school is the educational institute where they train practicallycapable lawyers. Legal science is regarded as a sort of practical studies with medical studies. The relationship between theoretical education and practical education is similar to the relationship of wagon’s two wheels which can’t operate respectively. Legal theories which don’t correspond with legal practice will gradually disappear and legal practices without back-up of legal theories are mere formulae. Communication between theoretical professors and practical professors have to be made. That is the shortcut to reduce trior and error in a short time. Practical training(apprenticeship) at law firms, court, prosecutor’s office and public institutions such as Constitutional Court and Ministry of Government Legislation is necessary to law school students as the method of educating lawyers. Therefore I introduce lots of internship programs of some leading lawfirms, Constitutional Court, ministry of government, and Seoul city. Most of leading lawfirms and other public institutes use the internship program which educate the member of Judicial research & Training Institute and their new members. That program provides lots of useful live knowledges and experience to law school students. As the curriculum of practical education was made by theoretical professors, there are lots of problems which are to be corrected such as lesson time and credits required as soon as possible. The credits of the subject of ‘practical training course’ is to be changed to 3 credits according to its importance. Finally I want to emphasize proper understanding on the concept of ‘practice’ of legal education in Korean law school. That is the shortcut to make the Korean law school successful.