변호사 실무수습제도로서 법률사무종사 변호사의 업무범위에 관한 연구

초록

‘Engagement in legal affairs’ as a practical training system for lawyers refers to the system in which a person who has passed a bar examination is allowed to perform duties without limits as a lawyer only if they work for legal affairs regularly at an agency engaging in legal affairs designated by the Department of Justice for six months and complete this course. Its systematic intention is to allow persons who have passed a bar examination to settle themselves as professionals in a short time by letting them intensively learn practical ability during the practical training period of six months. This system was introduced with the first bar examination in 2011 ahead after fierce disputes in the Special Committee on Judicial Reform launched by the National Assembly. However, as several operational problems were revealed, including inadequate treatment of apprentice lawyers from the first examination in 2012 in the early phase of introduction, it has been faced a lot of criticism, and adjudication on a constitutional complaint was lodged. Currently, the Department of Justice and Korean Bar Association interpret the business scope of apprentice lawyers very narrowly. Despite the lawyers engaged in legal affairs are the ones who have passed a bar examination and finished the registration of qualifications, they cannot delegate cases in their names and are not allowed to appoint lawyers in charge, provide legal service, have an interview, participate in an investigation, attend the court and plead at the bar. Due to the concentration of law school education on bar examination and the lack of practical training, even though the importance of practical training for people who have passed a bar examination gradually increases, the present system excessively limits the business scope of the lawyers engaged in legal affairs. In most developed nations, sufficient opportunities are provided for apprentice lawyers to experience real lawyers’ duties like court proceedings and case delegation, etc. in a certain scope on condition of being supervised by guidance lawyers, and this fact implies much for us. In the future, it would be necessary to return to the intention of introducing the practical training system for lawyers by expanding the business scope of apprentice lawyers to the duties that have not been allowed for them within the range that it would be able to promote the maximization of the effect of practical training and the protection of clients’ interests. This study comprehensively examined the present regulation and status of the business scope of the lawyer engaged in legal affairs and proposed measures for expanding the business scope of the lawyer engaged in legal affairs. Through the expansion of the business scope of the lawyer engaged in legal affairs according to the practical training system for lawyers, the practical training system for lawyers will contribute to the diversification of the professional domain of lawyers and the qualitative improvement of legal services as well beyond the promotion of lawyers’ practical ability.

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