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학술논문법과사회2012.06 발행KCI 피인용 6

한국의 변호사집단에게 프로페셔널리즘이란 무엇인가?

What Professionalism Means to the Korean Legal Profession

이국운(한동대학교)

42호, 9~32쪽

초록

The purpose of this study is to find out what professionalism has meant to the Korean legal profession until 2012. After the first group of new attorneys came out from the Korean professional law school system this year, the need and pressure for more judicial professionalism in Korean society is now being increased so rapidly. It is so evident that the judicial bureaucratism which has governed Korean judicial system from its beginning will not be able to stand in a few years. In support of judicial professionalism for future direction of Korean judicial reform, I would like to find out the concrete and specific meaning of professionalism for Korean legal profession for the past 6 decades. The research has four steps. The first is to identify a concept of judicial professionalism in comparison with judicial state-ism, judicial maket-ism, and judicial bureaucratism. Second is to analyze the history of Lawyer’s Act in Korea in the perspective of lawyer’s politics. Third is to justify that this analysis concludes with the idea of “decorative professionalism”. Final step is to present a prospective on the future of Korean judicial system with an assertion that the legal education in the law schools should be more inclusive to the public aspect of lawyering in order to escape from decorative professionalism as soon as possible. I think that Korean legal profession is now faced with an urgent need of ethical lawyering movement, which should be based upon judicial professionalism.

Abstract

The purpose of this study is to find out what professionalism has meant to the Korean legal profession until 2012. After the first group of new attorneys came out from the Korean professional law school system this year, the need and pressure for more judicial professionalism in Korean society is now being increased so rapidly. It is so evident that the judicial bureaucratism which has governed Korean judicial system from its beginning will not be able to stand in a few years. In support of judicial professionalism for future direction of Korean judicial reform, I would like to find out the concrete and specific meaning of professionalism for Korean legal profession for the past 6 decades. The research has four steps. The first is to identify a concept of judicial professionalism in comparison with judicial state-ism, judicial maket-ism, and judicial bureaucratism. Second is to analyze the history of Lawyer’s Act in Korea in the perspective of lawyer’s politics. Third is to justify that this analysis concludes with the idea of “decorative professionalism”. Final step is to present a prospective on the future of Korean judicial system with an assertion that the legal education in the law schools should be more inclusive to the public aspect of lawyering in order to escape from decorative professionalism as soon as possible. I think that Korean legal profession is now faced with an urgent need of ethical lawyering movement, which should be based upon judicial professionalism.

발행기관:
법과사회이론학회
DOI:
http://dx.doi.org/
분류:
법학

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한국의 변호사집단에게 프로페셔널리즘이란 무엇인가? | 법과사회 2012 | AskLaw | 애스크로 AI