법률구조 서비스의 내용으로서 법률상담 서비스의 조직화 및 활성화 방안 모색: 법이론의 관점에서

Title
법률구조 서비스의 내용으로서 법률상담 서비스의 조직화 및 활성화 방안 모색: 법이론의 관점에서
Other Titles
A Study on the Plan for the Organization and Vitalization of Legal Consultation: From a Point of Legal Theory
Author(s)
양천수
Keywords
법률상담; 법률구조 서비스; 법률구조법; 인정투쟁; 법률상담법; 법률 서비스법; 카너먼; 호네트; legal consultation; legal aid service; Legal Aid Act; struggle for recognition; Rechtsberatungsgesetz; Rechtsdienstleistungsgesetz; Kahneman; Honneth
Issue Date
201212
Publisher
법과사회이론학회
Citation
법과사회, no.43, pp.191 - 219
Abstract
This article deals with the question of how we can organize and vitalize successfully the legal consultation, which is a part of legal aid services. To achieve this, it uses the approaches of legal theory and legal policy. The questions on which this article focuses are below: First question is about how we define the concept of legal consultation, and second is about how the qualification of a legal consultant should be determined. About the first question: this article asserts that the concept of the legal consultation should not be limited to the providing of legal information, but should be defined as the concept by which the needs of clients can be met on the whole. According to this assertion,the legal consultation should be a legal-clinical discourse which includes the concept of clinical and welfare consultation. About the second question: This article claims that the current regulation permits the person who is not a attorney to take part in the legal consultation is reasonable and affordable. To prove that claim, this article explores the german legal regulation about the legal consultation. According to this exploration, the german legal regulation abolished the ‘Rechtsberatungsgesetz’ permitted only a lawyer such as attorney to take part in the legal consultation, and has introduced the new ‘Rechtsdienstleistungsgesetz’ extends the qualification of the legal consultation to non lawyers. Besides, this article explores the way of how we can organize and vitalize the legal consultation.
URI
http://hdl.handle.net/YU.REPOSITORY/26474
ISSN
1227-0954
Appears in Collections:
법과대학 > 법학부 > Articles
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