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법전문가 법의식조사의 개념과 필요성

원문정보

Survey on Concept of Legal Experts' Legal Awareness and Why It Is Necessary

박광동

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초록

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Despite its importance, it seems that research on legal experts’ legal acknowledge have not been making in-depth progress. Thus, research in this field needs to be made urgently. First of all, in selecting the legal experts, they shall turn actual cases into subject matters, which can be legally judged, by abstracting these actual cases and making them into legal issues. Based on this approach, the legal experts shall be capable of making appropriate conclusions by pondering on the most suitable legal principles. When setting the scope of the survey based on these principles, it seems most ideal to conduct the survey on the experts who have obtained qualifications regarding laws and legal systems. However, considering realistic problems in conducting the survey, it is necessary to limit the subject of the survey to the experts who have obtained qualifications about the law itself.In addition, it is necessary to understand that legal acknowledge means an umbrella concept members of one social community have about the social governance system called ‘the law’. This concept covers legal awareness, legal attitude, and making legal value-judgments and legal appraisals.In conclusion, legal experts’ legal acknowledge can be defined as the general term covering legal awareness, legal value-judgments, legal appraisal and legal attitude of the experts who have obtained qualifications about the law itself, toward the social governance system that the members of one social community consider as the law.Furthermore, reasons why it is necessary to investigate legal experts’ legal acknowledge are as follows: Firstly, to contribute to realistic and early realization of constitutionalism; Secondly, to understand the gap between reality and laws and to indicate the direction toward which adjustments are to be made; and Thirdly, to act as criteria upon which advanced and efficient operation of the legal system is evaluated; Fourthly, to act as the standard upon which effectiveness of the legal system is assessed; Fifthly, to contribute further to a sound constitutional environment or legal climate by legislating, applying and interpreting laws suitable for the social circumstances of Korea. Sixthly, to use as the basis showing problems of legal education and improvements.

목차

I. 서론
 II. 법전문가
 III. 법의식
 IV. 조사의 필요성
 V. 결론
 참고문헌
 ABSTRACT

저자정보

  • 박광동 Park, Kwang Dong. 한국법제연구원 부연구위원/법학박사

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