로스쿨 체제에서 대한민국 법학자의 정체성 확립 : ‘비판적 비교법사회학’의 문제의식을 되새기며

This article is an attempt to establish the identity of Korean legal scholars in the law school system, following the problematic awareness of ‘the critical comparative sociology of law.’ The starting point is the assessment that ‘the jurisprudence of world-management’, which has been a continuous trend since the reception of Western modern law in Korean peninsula, became very weak in the law school system. When we recall that the law school system itself was promoted as one of the fundamental reform programs of the liberal democratic system by the junior law professors in 1990s, the heydays of legal academism in Korean society, this cannot be anything but a very surprising situation. This article finds the cause in the fact that the law professors who led the introduction of the law school system lost ‘the jurisprudence of world-management’ and became immersed in the occupational interest politics within Korean legal profession led by the Supreme Court. Therefore, for identity building of the Korean legal scholars in the law school system, we must quickly revive ‘the jurisprudence of world-management’ and reestablish the vision of national and social reform contained in the law school system, and then present and persuade the public of this. This article uses comparative analysis of legal politics to typologically reveal the political vision contained in the law school reform, and on that basis, clarifies the direction of national and social reform through the law school system. In addition, it presents agendas that Korean legal scholars must urgently pursue, such as the realization of strict rule-based principles in law school accreditation, the transformation of the bar exam into a qualification exam, the reconstruction of legal academism, and the appointment of law professors as professional judges etc.