법조인력 양성제도로서의 사법시험 존치의 필요성과 그 당위성

The purpose of this article is to review whether or not the abolition on the National Judicial Exam provided in the supplementary provision of the Bar Exam Statute, is righteous and desirable within the framework of justice and efficient education system for lawyers. Is it true that the existence of NJE beyond 2017 will threaten the law school system? The author can reach the conclusion the reasons for the closing down of NJE asserted by previous judiciary reformists,who are now exclusionists opening the door of the qualification for Bar Exam to only law school graduates, are groundless and exaggerated. On the contrary, the current law school system tends to be blocking the access of normal people to be lawyers due to its high‐ceilinged tuition fees, creating privilege social group by the way of selecting applicants according to its own subjective criteria and guaranteeing very high pass rate, and thus delivering generation inequality. Even the BES prohibits the examinee from confirming his or her own test result scores. Non‐secured objectivity for admission, concealing the Bar Exam scores, very highly rate of success and the importance of relationships as one of social assets for the legal careers are now establishing the law school in Korea as a society “for those, by those,of those.” To solve the justice deficiency, NJE must be sustained,which also will encourage a competition in good faith for developing the law school system. Furthermore, it can be expected that using the NJE as a safety zone enables to leave the door open for the law schools to come back voluntarily to the undergraduate system, which will results in natural adjustment for the total number of annual fresh lawyers reflecting the market condition.