'Abolishing state-administered bar exam constitutional'
.gif?w=728)
Opponents of the abolishment of the bar exam protest outside the Constitutional Court in Seoul, Thursday. Yonhap
By Lee Kyung-min
The Constitutional Court ruled Thursday that abolishing the state-administered bar exam was constitutional, putting an official termination to the 54-year old test as of Sunday. This is the second ruling that deliberated the issue, following the first one that ruled the abolishment was constitutional in September last year.
In a 5-4 ruling, the court said that an earlier ruling interpreted the law correctly, adding that it did not infringe on the rights of those who prepared for the test to choose their professions.
“Those seeking to become legal professionals can do so by entering law school and take a test after earning a degree there,” the court said.
The abolishment was decided in 2009, giving an eight-year grace period to those who had prepared for the test to change their study plans accordingly, it added.
“Those who had prepared for the state-administered test had been able to do so by taking the test that continued for eight years or changed their plans by going to law school. They were given sufficient time enough to make their choice.”
However, four judges in a dissenting opinion said the abolishment violated the right to equality to choose a profession including that of a civil servant.
“Attending law school requires more financial resources; and scholarships alone cannot help the student deal with the financial burden. Those without an affluent financial background cannot easily go to law school, a prerequisite to becoming a judge or a prosecutor. It deprives them of the opportunity to get one of the two high-ranking civil service jobs.”
Maintaining the test alongside law school and seeking the positive aspects of both will guarantee equal rights of those that come from various financial backgrounds to become legal professionals, the dissenters added.
“The two systems can co-exist as they have strong suits in terms of institutional value. Abolishing the bar exam is too excessive a measure to do away with all the positive aspects of it.”