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변호사시험에서의 형사법 선택형 문제의 적합성 연구

Study on Adequacy and Validity of Selective-type Questions of the Criminal Law in Bar Examination

외법논집 v.39 no.4 , 2015년, pp.187 - 205   http://dx.doi.org/10.17257/hufslr.2015.39.4.187

Bar examination must be set in a collection of selective-type and essay-type written exams largely concerning the Public Law, the Civil Law and the Criminal Law. This paper studies adequacy and validity of the questions focusing on question No. 21 and question No. 40 of Book-Type I, which are the selective-type examination questions of the Criminal Law that became one of the most objection and were heavily argued by the exam-takers participated in 4th Bar Examination.The question No. 21 of Book-Type I was a question addressed a very important issue concerning modification of an indictment in the Criminal Procedure Act, and as a combined type of the Criminal Law and the Criminal Procedure Act, the question No. 40 of Book-Type I was a question addressed several issues, one of which criminal charge was established in two(2) situations separately spreaded since a criminal committed trespass upon residence at night for stealing, and the other one was a right to remain silent. Regarding the above two questions, they had to choose ‘which of the following is NOT true?’ in five texts, and distinguish between right and wrong by judicial precedent if there are arguments over a theory, and its right answer was the text ④ determined by the Ministry of Justice. However, as the results thoroughly examined the related references and judicial precedent, they are considered that there is no right answer to the question No. 21 of Book-Type I, and the right answer to the question No. 40 of Book-Type I is the text ④ including the text ②.As noted above, these mistakes for the selective-type questions make themselves worse. More than that, it is pointed out that situations should be more criticized, of which did not admit these mistakes and insisted wrong answers constantly without any based-explanation.Additionally, in Bar Examination, to serve to train the desirable legal profession tailored for the educational ideas of law school; First, through harmful consequences caused by selective-type examination questions in Bar Examination, fundamental discussion about the need for selective-type exams and its way is needed. Second, for essay-type exams as well as selective-type exams, their right answers should be released. If there is any reasonal objection against a right answer, the basis of the right answer should be definitely released. Third, the organization and management of meeting for the right answer confirmation should be announced, and its supervisory procedure should be more transparently and fairly fulfilled.

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