The Constitutional Court on Thursday ruled in favor of the closure of a national bar examination that has long been a source of public debate over social mobility and individual freedom of career choices. 

The appeal was brought last March by a group of students who claim the current National Bar Examination Act, which calls for the “sasi” system to be terminated after 2017, is unconstitutional because it limits the freedom of occupational choices, and the rights to equality and hold public office.

Under the legislation, attorney hopefuls should enter professional law schools. The first enrollment began in 2009 and currently some 25 law schools operate nationwide.

But the ruling, the result of a five-to-four-vote, gave legitimacy to the law’s purposes of “providing high quality legal services and effectively arranging national manpower by normalizing legal education and nurturing professional and international competitive talents.”

“Though issues have been raised regarding the unfairness of some enrollment processes and slack curriculums, now is the time to join forces to help the law school scheme to take root and operate in earnest,” the verdict said.

The student group issued a statement expressing regret over the decision, saying the fundamental constitutional rights were overshadowed by the “logics behind vested rights” and vowing to carry on with their campaign nonetheless.

The issue has been the subject of a heated nationwide debate as critics argue that the new system would curb social mobility by abolishing the test, which is open to anyone irrespective of educational background, while only benefiting the haves who can afford to pay costly law school tuition.

Advocates, in contrast, expect the decision to dilute academic elitism and expand a talent pool in a world dominated by sasi passers who studied in the very top echelons of schools.

By Shin Hyon-hee  (heeshin@heraldcorp.com)