로스쿨법의 제정과정에 대한 법사회학적 해석 - 시민참여입법의 동학 -
A Sociological Interpretation of Legislative Process of The Law School Law(2007)
이상수(서강대학교)
12권 1호, 259~287쪽
초록
This article is a description and analysis on the legislative process of The Law on the Establishment and Management of Law Schools(2007)(hereinafter 'the Law School Law'). Several scholars who dealt with this subject considered the process as unusual and irrational and consequently criticized the Congress for passing the Law in such an improper way. But if we review the process in different perspective and more deeply, we can find the opposite side, that is, the dynamics and normality of the process. This article is arguing against their critical views on the process, based on the author's personal engagement with the process as a member of civil society organization that wanted to pass the Law. This article shows, with so many materials, that the Congress is not so rigid organization as the critics generally complain and that rather it has considerable responsiveness to the demand of the civil society. Most congress members were ready to listen to civil society members. They gave equal opportunities to both group who were for or against the Law. The congressional modification and passage of the Law is actually the result of the full participation of civil societies. Nevertheless it does not mean that the Congress is so democratic and open-minded that it is easy for each individual to approach and influence the Congress. One of the factors that enable the civil society to influence it was fact that the civil society was able to mobilize the active law professors and deans and has the incomparable level of specialty in dealing with the congress members and in influencing medias. With this factors in mind, the Congress must still seem to the common people too far to approach. In sum, at least as far as the legislative process of the Law School Law is concerned, with some reservation of course, we can safely argue that the Congress is the organization with considerable democratic sensibility to the demand of civil society, which is very much contrasted with the rigidity of the Executive Branch. That is one of the reason why the Law School Law could be passed in spite of the strong opposition of the powerful vested interests group, that is, the Korean Bar Association. Accordingly this paper concludes that it is not right to simply dismiss the legislative process of the Law School Law as irrational or undemocratic, but that the process should be considered to be an important proof of the democratic maturity of the congress as well as civil society.
Abstract
This article is a description and analysis on the legislative process of The Law on the Establishment and Management of Law Schools(2007)(hereinafter 'the Law School Law'). Several scholars who dealt with this subject considered the process as unusual and irrational and consequently criticized the Congress for passing the Law in such an improper way. But if we review the process in different perspective and more deeply, we can find the opposite side, that is, the dynamics and normality of the process. This article is arguing against their critical views on the process, based on the author's personal engagement with the process as a member of civil society organization that wanted to pass the Law. This article shows, with so many materials, that the Congress is not so rigid organization as the critics generally complain and that rather it has considerable responsiveness to the demand of the civil society. Most congress members were ready to listen to civil society members. They gave equal opportunities to both group who were for or against the Law. The congressional modification and passage of the Law is actually the result of the full participation of civil societies. Nevertheless it does not mean that the Congress is so democratic and open-minded that it is easy for each individual to approach and influence the Congress. One of the factors that enable the civil society to influence it was fact that the civil society was able to mobilize the active law professors and deans and has the incomparable level of specialty in dealing with the congress members and in influencing medias. With this factors in mind, the Congress must still seem to the common people too far to approach. In sum, at least as far as the legislative process of the Law School Law is concerned, with some reservation of course, we can safely argue that the Congress is the organization with considerable democratic sensibility to the demand of civil society, which is very much contrasted with the rigidity of the Executive Branch. That is one of the reason why the Law School Law could be passed in spite of the strong opposition of the powerful vested interests group, that is, the Korean Bar Association. Accordingly this paper concludes that it is not right to simply dismiss the legislative process of the Law School Law as irrational or undemocratic, but that the process should be considered to be an important proof of the democratic maturity of the congress as well as civil society.
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