법조윤리 및 법조윤리교육의 현황과 개선방향 - 의료윤리 및 의료윤리교육과의 비교 분석 -

초록

Legal ethics and medical ethics have point of sameness in professional ethics of lawyers and doctors, which represent professionals, and show considerable similarity in the functions and limitations of ethics education. When examining the development and application of ethical competencies of the two groups of professionals, we can see that there is much to learn from each other in teaching and applying professional ethics from the perspectives of lawyers and doctors. Medicine and law can gain opportunities to improve their existing approaches to ethics from each other’s experiences, and can utilize the lessons learned in the process of instilling a sense of ethics education in their members. Accordingly, the author intends to compare and analyze legal ethics and medical ethics, and legal ethics education and medical ethics education, based on the commonalities and similarities between the two. The rule of law is considered a core element of a properly just society. One inevitable consequence of the principle of the rule of law is that the constitutional order must have an independent judiciary, and another, less easily recognized, is that the legal profession must be sufficiently autonomous to enhance the authority of the independent judiciary. If the rule of law requires lawyers, lawyers need legal ethics for its governance. Now that our country has moved from a developing country to an developed country in terms of both economic and legal aspects, we have reached a point where we need to move beyond sporadic concerns about legal ethics or legal ethics education and deeply reflect on the foundations and educational methodology of legal ethics. Medical ethics and medical ethics education provide various implications for this reflection. While today’s medical ethics are case-oriented and largely unenforceable, legal ethics are system-oriented and highly enforceable. In this vein, medical ethics education emphasizes character, virtue, and judgment and encourages critical review and flexibility, while legal ethics education emphasizes actions and results and encourages strict application and enforcement. In this way, it seems as if medical ethics are dichotomously distinguished by flexibility and legal ethics by enforceability. However, these characteristics are not inherent in the ethics of the two fields, but are merely the result of various factors that have developed their own ethics. Legal ethics can also be flexible by teaching reflection, asking meaningful ethical questions, and allowing some degree of individual interpretation of codified rules. Of course, ideal professional education should not only promote individual reflection but also include enforceable standards that make professionals and the public aware of the existence of oversight and self-regulation of the profession. In short, a desirable model of professional ethics education is one that combines the best elements of the two approaches to professional education. Therefore, rather than attempting to change legal ethics and legal ethics education without any prior preparation, it seems desirable to compare and analyze the strengths and weaknesses of medical ethics and medical ethics education, which are the most similar professional fields, and to appropriately utilize the results. For example, the standard conception of medical ethics suggested by Beauchamp and Childress can function as a useful guideline for analyzing and reconstructing legal ethics, and the various curricula and methodologies of medical ethics education can be reference materials for designing the future of legal ethics education. Furthermore, medical ethics and medical ethics education methodologies can be used as a compass or milestone for practicing lawyers to find appropriate solutions in legal dilemma situations.

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