18.97.14.86
18.97.14.86
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한국(韓國) 법조윤리(法曹倫理)와 윤리장전(倫理章典)에 관한 소고(小考) -전문가책임(專門家責任)과 관련(關聯)하여-
About Korean Legal Profession Ethics and the Little Thought of Ethical Charter -Relates with a Specialist Responsibility-
김승내 ( Seung Rae Kim )
UCI I410-ECN-0102-2012-350-002988023

새로운 時代는 항상 새로운 專門家의 出現을 요구한다. 새로운 시대에 요구되는 새로운 전문가의 理想型을 만들어서 그 基準에 相應하는 職務遂行 및 職務遂行에 따른 倫理基準을 制定하는 것이 時急하다. 專門家의 法的責任에 관하여 최근 활발히 論議되고 있으며, 특히 전문가로서 法曹人-辯護士. 判·檢事, 醫師, 公認會計士, 言論人, 建築家 등의 職務責任과 관련하여 專門家의 倫理를 論議하게 된다. 醫療人과 法曹人은 대표적인 專門家(Professionals)로서 報酬, 技術, 訓練, 知的인 要素 등과 함께 보다 高度의 倫理性을 要求하고 있다. 法曹倫理란 法曹實務의 바람직한 모습에 관한 行動指針 내지 實定規範이라 할 수 있다. 즉, 法曹人이 法律實務를 遂行하면서 지켜야할 倫理라 하겠다. 法曹倫理에서는 倫理自體의 問題, 法曹三者의 共通倫理, 法官의 倫理, 檢察官의 倫理, 辯護士의 倫理 등을 網羅한 槪念으로서 논의된다. 본 논문은 작금 열기를 더해가고 있는 法曹改革의 한 단면으로서 專門家責任과 관련한 法曹倫理도 정립되어야 할 것이란 점을 주안점으로 하여 변호사윤리 장전과 미국 법관윤리전범을 중심으로 법조윤리를 고찰하였다. 이 논문을 통하여 필자가 제기하고 있는 전문직업인으로서의 應用倫理라 할 수 있는 ``法曹倫理``를 바탕으로 향후 「專門職業倫理學」의 탄생을 기대하며 논문의 끝을 맺었다.

The new time demands the appearance of the always new specialist. Is demanded in new time to make the ideal type of new specialist, urgent to establish the ethical standard which follows in the duty accomplishment which corresponds in the standard and duty accomplishment. About legal responsibility of the specialist actively is discussed recently, specially as the specialist the judicial officer - relates discusses the ethics of the specialist and with the duty responsibility of the lawyer, the judge, prosecuting attorney, doctor, the certified public accountant, the journalist and architect etc. The medical staff and the judicial officer the specialist who is representative (professionals) as repair, technique and training, are demanding the ethical characteristic of the altitude which sees with element etc. is intellectual together. The legal profession practical affairs which is a legal profession ethics about desirable features conduct is tired and to the actual condition norm is a possibility of doing. Namely, the judicial officer will accomplish a legal practical affairs and the ethics must defend will do. Problem and legal profession of ethical oneself make as the concept which collects ethical etc. of ethics and the lawyer of ethics and trial counsel of common ethics and the law officer is discussed from legal profession ethics. Legal profession ethics does and ``legal professions`` comes and about ``ethics`` the field which is wide, variously, makes treat. It departs from history and legal ideology consultation emphasis of legal profession and legal profession each position problem, about the lawyer until being early in handling the problem which is practical, is a various branch. Our legal profession ethics includes the history, an aim, a composition and a respqnsibility of legal profession and as standard of the desirable judicial officer must take a triangular position. When understands a legal profession ethics well, first of all the fact that understands ``legal professions`` is prior decision subject. When grasps a legal profession ethics, justice process or the psychology which administers justice, aim and of legal profession composition [nyem], does to be grasping substance of the legal profession including our country legal advancement process with a versatility. Like that with the size which our country legal profession is ideal is active, legal profession make is to be the possibility relationship etc. of becoming trillion feelings. If the discussion which besieges the responsibility and an ethics of justice system and that person in charge about like this problem the excavation which is scholastic will be insufficient, or, the research educational setup will be defective, will not be any development about misunderstand of ordinary neither the clear explanation does and not to make can becomes. The responsible problem actively is being discussed advanced nation about the mistake of the professional worker today in the center, from our country compares in medical treatment mistake lawsuit and the defense mistake lawsuit to be strange is still slight condition a little. If from under the current legal system medical treatment mistake defense mistake legal composition when from seeing, tries being how, compensating a damage how the common is problem of etc. is being proposed an ear book cause. The present paper became worse a recent heat and as one section of the legal profession reform which is going means also the legal profession ethics which relates with a specialist responsibility must take a triangular position a legal profession ethics in the center point and with keynote lawyer ethical charter and American law officer ethical rules crimes investigated. This dissertation led and application ethics with from the professional occupational person whom writer is proposing a birth with character and of dissertation ``legal profession ethics which are the possibility of doing`` the hereafter ``professional ethics`` expected ended.

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