변호사시험 모의고사 형사법 기록형 문제와 채점기준표에 대한 몇 가지 오류 분석 - 2011년부터 2018년까지의 모의고사 분석 -

Since the introduction of a law school system in 2009, a total of 21 mock exams was conducted from 2011 to 2018. The purpose of the tests is not only to provide lawyers with an opportunity to prepare for an actual bar exam but also to assist in developing a bar exam that can accurately measure an applicant’s knowledge and skills developed during his or her law school education. Law school students on the other hand treat records-based criminal law questionnaires as one of the most important and relevant study materials for the actual bar exams, and they treat the evaluation standards and answer guidelines of such mock exams as a model answer. It is therefore not surprising that students regularly refer to the mock exam questionnaires during classes and/or study group sessions. Therefore, it is imperative that the questionnaires in the mock exams should not contain any errors, and they should strive to mirror the actual bar exam as much as possible because students who might not have yet had a chance to build a solid foundation of legal theory understanding and reasoning skills might be misguided by flawed questionnaires and/or incorrect answer guidelines in relation to such mock exams. Instead, the mock exams should endeavor to be as consistent with the actual bar exams and legal practice as possible so that law school students can better prepare for the bar exams and concurrently develop correct understanding of legal theories and practical legal writing and reasoning skills. On the above basis, after examining selected questionnaires and the corresponding scoring guidelines for such questions in 21 mock exams conducted between 2011 and 2018 and revealing discrepancies between questionnaires and evaluation standards, this paper demonstrates how such flaws could have been remedied and how alternative approaches should be considered.