종속적 전문직화: 20세기 한국 법률전문직 장 내 법무사의 위치와 역할

This paper explains the historical development of Korean judicial scriveners in the 20th century through the theoretical integration of sociology’s professionalization and sociological field theories. Based on the theoretical framework that the field of Korean legal professions is a hierarchical topological space dominated by judicial bureaucracy over liberal professions, and within liberal professions, led by lawyers, and that professionalization must be explained through relationships with the state, bureaucracy, and professions. The research historically analyzes the process by which judicial scriveners secured an institutionalized qualification system, established a professional association, and secured their own work boundary. Judicial scriveners have followed a unique path of professionalization: despite the bureaucracy-dependent closed nature, their limited scope of practice, and being subject to state regulation, they have provided reliable legal services to clients. This analysis reveals that while judicial scriveners play a crucial role in providing popular legal services, they have institutionally remained on the periphery of the field of legal professions in Korea. This contradictory feature results in a unique form of professionalization where the fulfillment of formal professional requirements coexists with dependent relationships. This paper’s conclusion that Korean judicial scriveners underwent dependent professionalization overcomes the limitations of existing theories that have treated professionalization solely as a narrative of ‘success and prosperity’.