Judicial Appointment and Legal Training in South Korea

Introduction

Judicial appointment and legal training in South Korea have been shaped by the 2007 transition from a unified examination-and-training system to a law school-based model. The Judicial Research and Training Institute (JRTI, 사법연수원) , which previously trained all legal professionals together, now focuses primarily on training new judges. The appointment of judges follows a career judiciary model, with most judges entering directly from legal training rather than from practice.

Legal Training System

Law School Education

Under the Legal Education Reform Act of 2007, legal education follows a three-year graduate model:

• Admission: LEET examination and undergraduate GPA; diverse academic backgrounds encouraged
• Curriculum: Required courses (constitutional law, civil law, criminal law, administrative law, commercial law, procedure), electives, and practical skills training (legal writing, negotiation, trial advocacy)
• Clinical education: Law clinics, externships in courts, prosecutors’ offices, and law firms

Bar Examination

The Bar Examination is administered by the Ministry of Government Legislation:

• Written examination: Multiple-choice and essay questions on core legal subjects
• Practical examination: Case analysis and legal document drafting
• Pass rate: Approximately 50–70%, producing 1,600–1,800 new attorneys annually

Mandatory Internship

After passing the Bar Examination, candidates complete a six-month mandatory internship at courts, prosecutors’ offices, and law firms before full licensing.

Judicial Appointment

Initial Appointment as Junior Judge

New judges are appointed from among:

• Law school graduates who passed the Bar Examination and completed the internship
• Applicants who completed the JRTI training program
• Practicing attorneys with at least five years of experience (increasingly common)

The Supreme Court Justice Council reviews applications and recommends candidates to the Chief Justice, who formally appoints them.

Promotion and Tenure

• Initial term: 10 years for junior judges
• Permanent appointment: After evaluation, judges may be appointed as permanent judges (serving until mandatory retirement age of 65)
• Promotion: Based on performance evaluations, seniority, and assignment history

Supreme Court Justices

Supreme Court Justices are appointed by the President of Korea on the recommendation of the Chief Justice (Article 104(2) of the Constitution). The Chief Justice is appointed by the President with National Assembly consent (Article 104(1)).

Judicial Research and Training Institute (JRTI)

The JRTI, established in 1971, was historically the sole training ground for all legal professionals. Under the new system, its role is restructured:

• Training for new judges: JRTI provides six months to one year of practical training for newly appointed junior judges
• Continuing legal education: Ongoing professional development for sitting judges
• Research: Legal research support for the judiciary

Appointment of Constitutional Court Justices

Constitutional Court Justices are appointed through a specialized process:

• Three justices: Appointed by the President
• Three justices: Nominated by the National Assembly
• Three justices: Nominated by the Chief Justice of the Supreme Court

The President formally appoints all nine. The President of the Constitutional Court is appointed by the President with National Assembly consent.

Comparative Features

South Korea’s judicial appointment system is a career judiciary model (similar to Germany, France, and Japan), where:

• Judges enter the judiciary early in their careers
• Promotion is based on seniority and performance
• Lateral entry from practice is possible but uncommon

This contrasts with the appointment model (US, UK) where judges are appointed from experienced practitioners.

Conclusion

Judicial appointment and legal training in South Korea have evolved from an elite, unified system to a more diversified law school-based model. The career judiciary structure provides consistent judicial quality and independence, while the law school system has expanded access, diversified professional backgrounds, and enhanced practical legal skills. The JRTI continues to play a vital role in judicial training and development.