학부 법(학)교육의 정상화를 위한 제언 -기초·이론교육 강화 및 전문․시민교육 다층화 모색-

초록

The issue of undergraduate legal/law-related education (hereinafter referred to as “legal education” to encompass both undergraduate law and legal studies) has rarely been brought to the forefront. However, the importance of undergraduate legal education is being revisited. The need to restore and reconstruct legal education—directly disrupted or indirectly weakened by the introduction of the law school system—goes beyond concerns about the existence of academic departments or variations in enrollment numbers. It should be fundamentally discussed within the context of the essence of universities and the ideal qualities of individuals universities aim to cultivate, namely intellectual and well-rounded individuals. The transition of the attorney training system from the traditional “College of Law-Judicial Research and Training Institute” structure to the law school system does not justify a diminished focus on the importance of legal education at the undergraduate level, particularly within universities. Today, the demand for the rule of law across various sectors of the state and society is growing. Accordingly, the significance of legal education as a form of broad professional training (legal education) and as civic education (law-related education) has only increased compared to the past. Legal education must no longer be confined to training judicial officials or legal professionals. It must encompass education for experts in legislative and administrative fields as well as professionals within civil society. Furthermore, legal education should no longer be considered an exclusive domain for professionals;rather, it should be recognized as an essential component of education for equipping individual citizens with basic knowledge and understanding. Such civic-oriented legal education, though largely neglected in both the former college of law system and the current law school system, holds substantial significance as a new perspective and method of education. Thus, the issue of legal education should not be dismissed as merely a means of training legal professionals, as it was in the past. Instead, it must be understood as a foundational effort to cultivate constitutional democratic citizens of Korea, in addition to producing legal scholars and experts in legislative and administrative fields. Accordingly, this is not a matter to be confined to law schools alone but should be approached with serious attention starting at the undergraduate level, the foundation and root of higher education. This paper, premised on the recognition that in both the previous college of law system and the current law school system, examination-oriented legal studies have overshadowed “law as an academic discipline” and confined it to frameworks of power, control, and test preparation, argues for the need to pursue legal education and research as an integrated academic discipline aimed at justice. It emphasizes the importance of strengthening foundational and theoretical education while diversifying professional education and revitalizing civic education to meet the demands of a new era. To normalize undergraduate legal education, this paper explores improvements in educational governance and the diversification of curricula. It advocates, as a core task, ensuring that universities with law schools have the autonomy to establish undergraduate departments of law. Furthermore, it contends that professional and civic education, as well as specialized and general education, should be integratively provided in response to the diversification of educational subjects and objectives.

키워드