이른바 ‘법학전문대학원 학사관리 강화방안’의 문제점과 그 개선방안

In March 2011, most law schools in Korea adopted a new grading system, designed to improve the learning ability and to enhance the management of law schools’ academic affairs. The main characteristics of the new system are as follows: a 5-scale grading system(ranging from A, B, C, D to F), strict relative evaluation system including compulsory D for 4% students and strict academic difficulty and disqualification rules. It is mandatory for the professor who lectures in a class with 10 or more students to evaluate them in this relative evaluation system: A for 25%, B for 50%, C for 21% and D or F for 4% students. If a student receives GPA under 2.0(C), he or she will be in academic difficulty. If he or she receives GPA under 2.0(C) in two consecutive semesters, he or she is encouraged to retake the same classes next year. He or she will be disqualified if he or she receives GPA under 2.0(C) in any three consecutive semesters, or he or she is encouraged to retake the same classes twice. Though this grading system was designed to improve the learning ability and to enhance the management of law schools’ academic affairs, it does not help to fulfill these purposes. Instead, it obstructs to improve the learning ability and contradicts to the purposes of law schools. First of all, the purpose of the law schools is to educate the students to become lawyers, not to classify the students for disqualification or to criticize the students in academic difficulties. Actually, the law schools shall support the students in academic difficulties to achieve the goal. However, with the new grading system, over 4% students in a class with 10 or more students shall receive a grade of D or F regardless of his or her academic achievements. It is mandatory. It could not be in harmony with the purpose of the schools. Secondly, this system brings undue mental stress upon the law school students. Rather, it injures the efforts of the students to improve the learning abilities. Third, it drives away the students to the class with less academic burden or to the class where they can take advantage in grading. They don’t take the classes in the point of the importance of the subject or for their future plans. It ruins the diversity of the classes in law schools. It will be the causes for the law schools to fail to accomplish their purposes. Fourth, it was not adopted voluntarily but was forced in practice by the Association of Law Schools and the Department of Education. It hurts the autonomy of the faculty of law schools. Therefore, this new grading system should be repealed as soon as possible, and the autonomy of the law schools’ grading system should be restored.