스웨덴 Advokat 제도와 법학교육 그리고 한국 로스쿨 법학교육의 문제점

초록

Sweden, as a representative Scandinavian state, is the one of the best social welfare countries in the world that Korea shall pursue in the future. It is also a very stable country in the sense of legal system. Among them, Advokat as a legal profession, has played a key role in rule of law in Sweden for the last 100 years. The first goal of the article is to introduce Advokat in Sweden as well as legal education in Sweden. In Sweden there is no monopoly of legal service. Any person may practice law, offering his or her service to the public without official authorization. Notwithstanding this liberal attitude, most legal services are exercised by Advokat. In Sweden a law school graduate is eligible to do business as Jur. Kand. However, he or she can’t be called as Advokat or lawyer. This is one of characteristics in Swedish legal profession. To become Advokat, he or she shall be required to complete practice for several years. Swedish legal education is exercised in faculties of law in universities as around 5 year which is relatively long enough to become qualified lawyers. It shall be an interesting point that role is divided between faculties of law and bar association “theorectical education to faculty of law, practical education to Swedish Bar Association. The second goal of this article is to criticize our law school system which has already been for the last 5 years, based on Swedish legal profession and legal education. The Korean law school system has raised lots of problems with regard to education period, pedagogical methods and so on. Among them, several issues have been conspicuous:whether law school system is proper for competent lawyers; whether it is suitable for theorectical education; or whether it satisfies social legal needs. Considering Swedish legal education in substance as well as in methods, the author is very much concerned with the above mentioned. The author strongly suggests, as conclusion of the article, that we need to restore faculty of law as an undergraduate program to resolve facing problems.

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