학문으로서 법학의 위기와 그 대응 방안 -「법학전문대학원 설치·운영에 관한 법률」 제8조의 폐지를 중심으로-

The discipline of law as an academic field is currently facing a significant crisis, raising concerns about the potential disintegration of the legal scholarly community. Recent discussions on various topics, including the reform of the law school system and the improvement of the bar examination system, have directly or indirectly addressed the crisis facing the legal field. A central reason of this crisis, however, can be attributed to Article 8 of the Law Graduate School Establishment Act. This provision mandates the abolition of undergraduate law programs at universities hosting graduate law schools. Consequently, the 25 universities that established garduate law schools under this framework have eliminated their undergraduate law programs. While the causes of the crisis in legal studies can be attributed to various factors, the abolition of undergraduate law programs - driven by a policy decision that considered the dual-track structure of legal education at the graduate and undergraduate levels to be inappropriate - has been a major contributor to the absence of undergraduate legal education and the broader crisis of law as an academic discipline. Notably, the decision to eliminate undergraduate programs was not based on a compelling necessity ("it must be done") but rather on a judgment of desirability ("it would be preferable"). However, Article 8 of this law, which prohibits universities with established law schools from offering undergraduate law degree programs, raises significant constitutional concerns, including potential violations of the right to equality, academic freedom, and the freedom to choose one's profession. Therefore, it would be desirable to either repeal the provision legislatively or have it invalidated through a decision by the Constitutional Court. The revival of undergraduate law programs would not only reinvigorate legal education at the undergraduate level but also enable the influx of new generations into the field of legal studies. Additionally, it would provide diverse career opportunities for graduates of undergraduate law programs. Most importantly, undergraduate legal education could serve as a complement to legal education in law schools, enhancing the overall quality and depth of the discipline.