司法的 福祉社會 實現을 위한 法律서비스의 改善方向

Promotion of the Judicial Welfare State through the Expansion of Legal Service

Reforms on the legal and judical system has been one of the major social issues heavily discussed during last decade in Korea. Such debate was based on the assumption that we are now in a fast developing and highly specialized society. However, the issue of legal service has never been thoroughly discussed. Contemporary life of people has been intermingled with various legal matters, and the people’s desire for legal service is getting greater. Therefore, it is important and urgent to provide a mechanism whereby common people can have access to decent legal service. It is especially important to provide such a system in order to realize ‘Judicial Welfare State.’ This study intends to analyze the current status of Korea’s legal service and compare it with other nation’s legal service. In also intends to suggest a reform proposal which could guarantee the people’s right to proper legal service. As the legal service is indispensable for the people’s freedom and welfare, research on the legal service is about one of the basic rights of the people. Also, we must understand that the improvement the legal service is one of the main goals of the legal and judicial reform. This study covers many topics on the legal service issues related with the judicial welfare state. Reforms in legal aid system in Korea, the system of court-appointed lawyers and its problems, legal service insurance and the mitigation of the litigation expense, legal service through the expansion of on-line legal service, alternative dispute resolution and the mitigation of the trial courts’ workload, problems of the enforcement of civil judgments, and the improvement of legal education for the furtherance of legal service are such topics. Each researchers have their own conclusions and suggestions. They have one common theme, the role of lawyers and legal service is indispensible for the judicial welfare nation. However, current system and status is far from bring fair and accessible legal service for the most people. This study is trying to bring several institutional and legal suggestions which could improve current situation.