상법, 무엇을 어떻게 가르칠 것인가? (How and what to teach in the area of commercial law)

서지정보

· 발행기관 : 연세대학교 법학연구원
· 수록지 정보 : 법학연구 / 12권 / 2호 / 91 ~ 108페이지
· 저자명 : 오수근

초록

없음.

영어초록

The current situation of teaching commercial law (including corporation law, commercial papers, insurance and maritime law) is far behind the ideal one. Students are too young to understand the real world outside classrooms. Most students do not have jobs as lawyers after graduation. Legal education, in general, is not student friendly. Curriculum is based on the traditional statutes classification regardless of students' understanding. Teaching methods and textbooks are not focused on students'learning process. Moreover, law professors do not have practical experiences.

The author proposes some suggestions in three aspects to improve the teaching of commercial law. The first is the education system of lawyers. Legal education should be placed in post-graduate level. Most graduates of law school are to have license to practice law.

The second is a curriculum. The traditional formation, which places commercial transaction, corporation, commercial papers, insurance and maritime law in the same horizon, should be restructured in the light of students'understanding and learning process.

The third is teaching method. The focus should be shifted from what professor teach to what students learn. It is desirable to start with facts instead of concept and principles. Not memorization but analysis should be on the first priority. Finally, the author strongly argues that there shall be consensus on the question setting and grading in law school exam as well as bar exam.

참고자료

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