On February 4, the Ministry of Education announced that law schools in Korea would be required to have a US-style student quota cap. Of the 2,000 student quota, only 15 universities in Seoul, including Hanyang, and 10 universities outside of Seoul were selected to hold law schools. But after the government stated which universities would be allowed law schools, many universities opposed the results. Universities outside of Seoul feel discriminated against as they are not favored as much as universities inside of Seoul. And universities inside of Seoul are dissatisfied with the limited amount of applicants they will be able to accept. Also, many universities that did not receive preliminary authorization for a law school oppose their omission.
Kim Sang-hyeop, student president of the Hanyang Law Department, expressed his discontentment with the new law student quota. “It is unreasonable to allot only one hundred law school students to Hanyang University,” he said. “In light of Hanyang’s external facilities and internal system, I think Hanyang is ahead of its competition with other universities, and therefore should be granted a greater quota.”
Hanyang students have been vocal about their frustration with the new law system, and Hanyang’s online bulletin board has been bombarded with angry letters. Also, a Hanyang law professor has issued a formal statement of disapproval toward the new system. So what exactly do students and professors be opposed to about the new law system? And if the system is unfair, what should Korea’s law school system look like?
Background of Korea’s Law Schools
The established bar system prior to the introduction of the law school system largely consists of three parts; the College of Law of the level of faculty, the judicial examination, and the Judicial Research and Training Institute. The objective of establishing law education is to nurture human resources needed for the development of the nation and society. And the admission requirement for the College of Law is a high school diploma. The period of time is four years in university.
Application requirement fort the judicial examination merely consist of 35 credits of law subjects. It is put in operation lasting three times examination. And its contents include various types of law. The education process of the Judicial Research and Training Institute is the education focused on instance and targeted on a trainee who learned basis theory for two years. And it is a institute which educates successful candidates for the judicial examination. But viewing this matter from a different standpoint, the present bar system has problem; selection of lawyers by disposable examinations have no relations with law education. And then, what is the new bar system and its characteristics?
New Bar System after the Operation of Law School
The objective of the new bar system is to nurture lawyers who have abundant cultural experience, comprehension about human society, and sound professional spirit that satisfies the nation’s various requirements and expectations. And applying for an examination qualification for this is university graduate regardless of majors. The education term is seven years including four years of university. To enter law school, one must take the LEET(Legal Education Eligibility Test), officially authorized English examination result, and examination of pertinent university.
Lawyer selection process is, at first, each authorization university has to abolish department of law as for faculty of process.And the judicial examination will be maintained till 2013. Then, people who pass a requirement examination can get lawyer qualification. The ratio of successful applicants of the bar examination will be the level of 80 percent. But, about the new examination, according to a statement by Lee Kyung-un from the Department of Judicial Officers Human Resources Policy of the Ministry of Justice, “All plans about this should be processed by the reason laws and
ordinances. But there are no exact plans yet. And we are planning it.” But in this system, there is a limit on unsuccessful applicants among the graduates of the law school. What are the merits and demerits between the present system and the new system?
Light and Darkness of the Two Systems
First, the present bar system has bright sights. Someone who graduated from the college of law can be a lawyer only. It will be able to improve a phenomenon which approaches an accident with the sight of the law only. Also, sufficient acquiring of practical ability is possible. Security of fairness is expected because the Ministry of Justice manages the judicial examination. Also, the transparency of the appointment system of judges and public prosecutors is guaranteed.Finally, the opportunity of becoming lawyer open regardless of property degree.
According to a survey targeting HYU students, 35.6 percent agreed on the present bar system compared to the system after the introduction of law school. Among them, the opportunity is open for everyone who wishes to become a judicial officer received support of 47.8 percent. That reason is expects that the cost of law school will be too expensive. And next, training of professional officers at the school of law received 30.8 percent support. This reason collides with the merit of the system after the introduction of law school.
On the other hand, viewing the other sight; new bar system, a legal expert nurtured in the diverse parts will be expected. And it can offer law services of higher quality to the public more cheaply because bills will be needed less. Also, the image of the lawyer will be changed from the present privileged class to expert. Finally, alleviation of perpendicular system will be anticipated in the law society. And according to a survey targeting HYU students, 64.4 percent agreed on the system after the introduction of law school. Among the rest, training professional judicial officers from various fields received 36.6 percent support. That is the one of the purposes of introducing law school. Also, 23.5 percent expected a change of knowledge as a special elite-classed individual. But, one of the great objectives of law school introduction is supplying high quality judicial services and less burden to citizens through low
appointment cost is unexpectedly received small number of support. It is expected that these reasons are not persuaded to students well. About these parts, more preparation will be processed.
And then, among the opposition of
many universities, what is the reason of the opposition about the number of person allocation of HYU?
HYU’s Reasons for Opposition
First, selection standards are ambiguous. According to an announcement made by the Ministry of Education and Human Resources Development, authorization screening standards are largely made up of nine parts; the education process, schoolteacher, student, education facility, and so on. Among these, about the item of education process, to
ensure schoolteacher who has foreign language lecture ability will be the biggest key point to authorize law school. And next, the schoolteacher’s field weighs heavily. A fulltime teacher’s study actual results and schoolteacher security rate compared with student.
Also, at the student field, the number of average successful candidates of the judicial
examination and the number of successful candidates compared with the graduate of department of law are also included. Reflecting on the number of successful candidates is criticized between all of the accumulated successful candidates of the judicial examination and accumulated successful candidates of the recent five years. As Yoon Seung-yong, the former chief of the Publicity Office of the President, announced that he intervened in the selection process himself, a sensation broke out. Yoon who will run for office in the April general election at the Jeollabuk-do Iksan eul, said at the pressroom of Jeollabuk-do Provincial Assembly on January 31, he voluntarily got in the TF (Task Force) team related with law school and constituted at the Office of the President.
During the selection process of the law education committee members, the press recommendation personage allocated as a share of the chief of publicity is achieved as one Mr. Park who is a person of Jeollabuk-do Iksan birth. And also, he stated that he reflected the number of average successful candidates of the judicial examination of recent five years and the number of successful candidates compared to the graduates of the department of law for 25 points. Because he knew Wonkwang University come forward in succession behind of Yeungnam University among the community private universities, it conclusively contributed to induce the accomplishments of Wonkwang University.
And judging by what he said, a fact political influence was worked could be analyzed. He said, “In the situation including lots of possibilities occupied by the Grand National Party HANNARA, if the term of law school selection is postponed to the next administration, principles like regional balance development could be passed over. So, about the October of this year, a plan which will be announced and selected should be finished by the end of January by advancing the date.”
Viewing this state of him, what political struggle for power is concerned in the education plan could be supposed. So the question about selection standards is magnified. As a result, lots of universities contain dissatisfied requests to clarify exact selection standards. For example, Dankuk University filed a lawsuit requesting the cancellation of authorization decision on February 4.Students and professors of Sookmyung Women’s University held a rally at the Central Government Complex at Sejongno and requested a repeal of law school the fixed number system and the whole surface reappraisal of preliminary authorization.
Second, irrationalism of government control about law school on the number of persons is discussed. There is a collision with the side asserting an increase in the number of persons and decreasing of the number of persons. The side of assertion to increase the number of persons of law school capacity, Lee Chang-soo, a chief of Union Permanent Post Enforcement of Law School Emergency Measure Committee said about opposition of many universities, “Essentially, because the fixed number is determined, the number of persons of universities which was gotten permission isalso few.”
Lee added about the fixed number of law schools, “We think settlement of the fixed number in itself is a contradiction. From this, all problems come out. I think the Ministry of Education and Human Resources Development studied judicial officers vested rights too much. It is necessary to increase about 500 persons more. And finally, the whole fixed number should be done away with. In accordance with this, it has need of supplement authorization, too.”
And Lee suggested that the fixed number of law school should be selected selfcontrol of university. Actually, because there is authorization requisite not unlimitedly increasing, it will be arranged by the market logic. And rather, the more the fixed number of law school is abundant, the higher quality of the lawyer. Nurturing the lawyers will be accomplished through competition. What only a few elite can do is not reasonable.”
And Korea University suggested that a limit of the fixed number of law schools for competitive law education is unreasonable. Small size of law school does not have competitive power. Professional program management is possible until regular scale such as 540 persons of Harvard University and 300 persons of the University of Tokyo. And even February 13, 2008 Korea University showed movement of returning the fixed number of law school to the government.
Assertion of the other side of this problem is that what selection of the fixed number of law school is necessary. About this, the president of Korean Bar Association, Lee Jin-kang said about debate of whole fixed number of law school, “To settle desirable law school system, the fixed number of law school should be related with the successful candidate. The introduction of law school is to normalize the law education by connecting law education and selection of the lawyer. So system of law school should be planed so as to pass the examination at the most of the law school graduate. Therefore, it is necessary to select the fixed number of law school so as to become lawyer who is certainly needed in society.”
And Lee maintained that effort such as holding a symposium is achieved to introduce desirable law school system and a farsighted policy of the law education. And personal interest of the lawyer and lawyer group is not intervened a bit. And Lee added, “Proposed debate at this time about the whole fixed number is expression of selfishness or popularity opportunism ahead of presidential election of politics. And improvement of service through desirable law school system in name only.
And another reason of opposition is that region distribution through law school. About this, Oh Young-kyo, the president of Dongguk University said, “I do not know why law school becomes the means of region balance development. Law school establishment object; lawyer nurture was completely out of sight, and only balance development remains. If basic standards such as the number of successful candidate of judicial examination, university restructuring accomplishment are strictly applied, there is no reason to exclude of Dongguk University. Although Dongguk University placed first in university restructuring rankings for university restructuring which was standard of selection law school authorization and successful candidate of judicial examination is 16th in the whole nation universities for last five years, Dongguk University did not take part in 25 universities which are preliminary authorization universities.
So What is HYU Law School’s Problem?
He government announced the law school authorization standard on November 30, 2007. As it said above, this standard is largely divided in nine parts. HYU has prepared lots of things to adjust standards. One of the objects of law school systems based on studying various precedents and debatecentered is to cultivate working-level capable person by training multiple legal principles interpretation and analysis ability. Suitable with this object, foundation ideology of HYU is practical use school character. Well-matched this, the College of Law of HYU has lectured style of law school grafted debate, precedents, and practical affairs on class regardless of law school introduction policy since 1997. For example, HYU employed career lawyer as a full-time professor at the first of the whole nation college of law.
And also, HYU has a great scale of schoolteacher in the private university and diverse field of expert. The college of law occupied 51 persons of schoolteacher by newly employing 15 persons of full-time schoolteacher. That is the second scale in the whole nation universities. Among this, schoolteachers who have diverse practical affairs career such as foreign affairs examination successful candidate, administration examination successful candidate, and the Supreme Court researcher are 12. Another character of the professors of college of law is that there are many special fields of professors such as field of environment, international trade, taxes, and intellectual property rights. Also, the college of law established principle which has various fields of professors more than two for security specialty and endeavor to keep it.
In the other hand, education method of college of law is special. HYU has prepared effort to find optimized education process to reduce trial and error about operating law school for 10 years. For instance, HYU published teaching materials to lecture law school class such as professor, Han Chungsoo’s theory and practical affairs of the civil proceedings act, fundamental problem of law philosophy and has applied to actual class. Some of the department major classes are progressed as a form of foreign country law school such as Socratic Elenchus.
Also, in the case of international law, is rarely operated as English exclusive lecture compared to established college of law. Like this, college of law is concentrated on growing international practical affairs sensation and centered of precedent education law. And HYU has schoolteachers on a great scale in the whole nation private universities and various fields of experts. The meantime, HYU has briskly processed research about international lawsuit, as a part of Brain Korea 21(BK21) business.
HYU has prepared not only software but hardware. On the situation of operating College of Law Ⅰ and College of Law Ⅱ, college of law established College of Law Ⅲ by putting an estimate of eight billion dollars and is planning to remodel the College of Law Ⅰ to invest about seven billion dollars. College of Law Ⅰ will be operated as a building of administration and study. And College of Law Ⅱ will be operated as a building of professor study. Finally, College of Law Ⅲ will be run as a room of lecture, seminar, and grouping. One of the competitive powers of HYU is an abundant scholarship system and student welfare system. The dormitory can accommodate up to 450 people. Also, the dormitory of examination class will be run for free.
Next, as compared with other universities, in the case of Sungkyunkwan University(SKKU), SKKU has used only 10578 square meters of the 15867 available at the college of law. The rest of this has used at the Graduate School of Business. And dormitory which is available only to 97 persons was completed 2005. Besides, now, it is used as a foreigner dormitory. And at the special quality parts, SKKU is discordant. And conclusion of MOU (Memorandum Of Understanding) the Office of Legislation is failed.
Also, in the part of Interchange between foreign universities, 15 professors of college of law and college of education has prepared law school-style class programs from last four years through on that university during vacation for studying united program research joining Berkeley University of California, Columbia University in the city of new york, and the University of Tokyo. But, on the other hand, SKKU has processed academic interchange only with PotsdamUniversity of within the top 20.
Like this, HYU get in the lead in facilities of hardware and software. Nevertheless, HYU authorized the fixed number of law school less than SKKU.
To the dismay of many universities, the Ministry of Education announced that law schools in Korea will be ranked and graded. But universities are requesting that the grades should be clarified because entangled parties with biased interest could give some schools special favor and unfair advantage. The College of Law at HYU has implemented the new standards, but this has forced HYU to receive an insufficient number of applicants compared to other similar universities.
This introduction of a law school is a noble attempt by the government. But reorganizing Korea’s law school system should be considered in are carefully so as not to discriminate among universities. One of the solutions for new law school system for Korea would be to allow universities to create their own student quota limitations. These schools could have their own specializations to distinguish themselves from other universities. Through the free competition, only law schools of higher quality which has better faculties and students of ability will survive. However, law schools which do not have competitive power will be perished. By doing so, the new law school system would follow the law of the market. The surviors will have chance to grow as a global level law schools that will lead judical education of Korea.
At the present situation of sucessful candidate of judicail examination are under three percent among the whole applicant. Introduction of law school which has a competitive power can reduce the waste of human resource on a national wide. In any case, the government’s tainted image of bribery and corruption has left many skeptical of its stated good intentions. Above all the government needs to be more transparent before trying to redesign Korea’s law schools.
Like the Bible verse that says we should take the log out of our own eye before taking the speck out of another’s, the government needs to prove itself fair before making the university system more fair.
|The Hanyang Law School's Goal
Most of the pre-authorized universities have the purpose of raising the professional lawyer related enterprise affairs such as international judicial affairs, commerce, financial management and acquisition. Especially Seoul National University, Korea University, Yonsei University, Hanyang University and Sungkyunkwan University, the universities which have many successful candidates of the judicial examination specialize in enterprise affairs. Seoul National University is strengthening the Departments of International Affairs, Public Interest Human Rights and Enterprise Finance. Korea University has a plan to strengthen the enterprise judicial affairs. SKKU also has a plan to specialize in the enterprise judicial affairs, and merger and acquisition. Yonsei University will strengthen the departments of public governance, medical scientific technique and international business. Small scale law schools plan to unite
their strong points into specialization. Hankuk University of Foreign Studies’ plan is to raise experts in international region, Kang Won National University’s is environmental law.
The Hanyang Law School will specialize in international lawsuit judicial affairs, knowledge culture industry judicial affairs, intellectual property rights department and public interest rights of the few judicial affairs. There are the causes for each department. According to the causes Choi Taehyun, a professor in the Department of Law in Hanyang University(HYU). All the while international lawsuit judicial affairs have been propelled in BK21 . According to the introduction in the HYU website, BK 21 is project supporting researchers and professors for raising a world-class graduate school and a welleducated population . That is, BK 21 is work to rear highly educated people. And international lawsuit judicial affairs are also promoted by an international lawsuit team. The cause that HYU plans to specialize
knowledge culture industry judicial affairs, intellectual property rights department is the related professors are enough. Thanks to three professors, related knowledge culture industry judicial affairs and
one information media related professor, the specialization will be done easily. Public interest rights of the few judicial affairs also has causes. There is a professor who was the director in the National Human Rights Commission and the human rights bill professor will be appointed. The important background in specializing the department is HYU’s motto, Love in Truth and in Deed. As much as the president, Chong-
Yang KIM is Vice President of International Human Rights League of Korea the HYU has much concerned in human rights. In HYU Love in Truth and in Deed is important.
The Purpose of HYU
Law School Lee Chul-song, Dean in the Department of Law said, in Korea there are few to be called experts in specific areas. When a lot of professional lawyers are made, even affairs can be solved rationally. It is important to raise such lawyers. HYU Law School’s purpose will be “know all laws and know a specific law deeply most.” HYU will proceed with the specific law affairs and try to make the law school go ahead.