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지나쌤

[Editorial] Fate of bar exam

Ministry causes confusion with half-baked plan

By KH디지털2

Published : Dec. 6, 2015 - 17:33

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Last week, the Ministry of Justice committed a folly typical of an immature government. It announced a half-baked policy on the state-run bar exam without consulting with related government offices or thinking about the response of those to be affected by its decision.

On Thursday, Vice Minister of Justice Kim Joo-hyun held an unexpected briefing to announce that the ministry would delay scrapping the bar exam by four more years until 2021.

The exam, which had long served as the only point of entry to the legal profession, was to be phased out in 2017 following the establishment in 2009 of the 25 law schools across the nation.

As the main reasons for the decision to keep the bar exam in place for four more years, Kim cited the continuing controversy over the law schools and the results of an opinion poll showing that more than 85 percent of the public were in favor of retaining the exam.

Kim outlined a set of policy options regarding the bar exam and the law school system, saying that the ministry would study them and come up with a reform plan during the four years.

Kim’s explanation left many confused, as it was unclear whether the bar exam would be abolished or retained after 2021. The ministry’s ambiguous position drew fire from both proponents and opponents of the bar exam.

The most vehement backlash came from students at law schools. Denouncing the ministry for breaching the government’s promise to abolish the bar exam in 2017, they resolved to boycott class and threatened to quit school collectively.

The Supreme Court also expressed dissatisfaction by saying that the ministry should have sought the views of the top court as its plan would affect the supply of judges.

Bombarded with criticism from all sides, the ministry sought to downplay Thursday’s announcement, describing it as nothing more than the ministry’s opinion, not the government’s final position.

Justice Minister Kim Hyun-woong said Friday that the final decision would come after discussions among related ministries and consultations with political parties and private organizations.

Determining the fate of the bar exam is a complicated matter that the ministry cannot handle alone. What it needs to do now is to set up a committee consisting of experts from the government and related organizations to discuss the fate of the bar exam and measures to improve the operation of law schools.

But the final say on the matter is not in the hands of the ministry. Even if it decides to maintain the bar exam for four more years, the decision cannot take effect unless lawmakers revise the relevant law to that effect.

The National Assembly’s Legislation and Judiciary Committee is currently deliberating on several proposals designed to prolong the existence of the bar exam.

Many of the lawmakers on the committee entered law after passing the bar exam, so they are known to be in favor of retaining the exam.

But the exam will ultimately have to be phased out as the law school system is a better way to cultivate lawyers. It is difficult to imagine a coexistence of the two systems.

In this regard, the Justice Ministry and lawmakers are advised to find ways to address the problems in law schools. They have to make law schools more affordable for students from poor families and insulate them from the influence of powerful politicians with children attending law school.