Revision bill to State Bar Exam Act requires limiting test-taking to 5 times

A bill has been proposed that calls for addressing "state bar exam addicts," which were considered a major drawback of the conventional bar exam with no eligibility requirement for test-taking when the law school system was introduced, and for disclosure of the list of those who pass the new bar (lawyer) exam.

Ruling Saenuri Party lawmaker Oh Shin-hwan proposed on Monday a revision bill for the State Bar Exam that would restrict the number of test-taking to five times in order to prevent wasting of human resources due to long-term study for preparation of the exam. He also proposed a revision bill for the Bar (Lawyers) Exam Act that requires disclosure of those who pass the exam in order to address lack of transparency in the current bar (lawyers) exam. Analysts say that they are supplementing bills for the laws, which are designed to increase the legitimacy of the conventional state bar exam by addressing drawbacks of this exam that is set to be abolished in 2017.

The number of test-taking as defined in the revision bill is the same as the number of test-taking allowed at the current bar (lawyers) exam that is open to law school graduates. Germany, which has a legal system similar to that of Korea, limits the number of test-taking of the state bar exam by an individual to two. In all lawsuits against the restriction to the number of test-taking allowed, the measure was ruled to be constitutional. In France, test-takers are only allowed to take up to three times both the test for the state judge and prosecutor school, and that for the lawyers training institute.

The revision bill also requires the stipulation of the number of people (quota) who pass the state bar exam, when determining those who pass the bar (lawyers) exam. The bill also suggests that the number of those who pass the state bar exam is determined through agreement between the three pillars of the judiciary namely, the Justice Ministry, the Supreme Court and the Korean Bar Association. The bill also includes the provision of "revival of losers," which suggests that people who fail in the bar (lawyers) exam five times be allowed to take the state bar exam.

“A survey by The Dong-A Ilbo showed that more than 75 percent of people are opposed to the abolishment of the state bar exam,” Rep. Oh said. “If the National Assembly turns a blind eye to this finding, it constitutes an act that effectively disregards the public.” As many as five bills calling for retention of the state bar exam are pending at the National Assembly. Five lawmakers including Hahm Jin-gyu, Noh Cheol-rae, Kim Yong-nam, Kim Hak-yong and Oh Shin-hwan (all Saenuri members) who proposed their own respective bills will jointly host a forum to discuss retention of the state bar exam on June 18.

shine@donga.com