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과제명 캄보디아 법률구조법 및 법률구조공단 현대화 방안
기관명 법무부
담당부서 법무실 국제법무과
전화번호 02-2110-3671
연구기간 2018-09-10 ~ 2018-11-07
연구분야 법무활동
개요 우리나라 경험을 토대로 캄보디아 법률구조법 및 법률구조 현대화 방안 연구

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수행기관 한동대학교 산학협력단 조혜신 [대학]
수행연구원 조혜신
계약일자 2018-09-10
계약방식 제한경쟁입찰에 의한 계약
계약금액 19,000,000원

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제목 캄보디아 법률구조법 및 법률구조공단 현대화 방안 연구
연구보고서
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< 목 차 > 제1장 서론 ······················································································································ 1 제1절 연구의 목적 및 필요성 ·················································································· 1 제2절 연구의 범위 및 내용 ····················································································· 2 제2장 한국 법률구조제도의 의의 및 운용 성과 ················································· 4 제1절 한국 법률구조법의 개관 ················································································· 4 I. 도입 배경: 법 제정 이전의 법률구조 ·························································· 4 II. 현행 법률구조 체계 ························································································ 7 III. 「법률구조법」 제?개정 연혁 ·································································· 10 1. 1986. 12. 23 신규제정 ··············································································· 10 2. 1994. 12. 31 개정 ····················································································· 10 3. 2007. 03. 29 개정 (범죄피해자 보호·지원 근거 마련) ······················ 11 4. 2008. 03. 28 개정 (국가와 지자체 책무에 관한 조항 신설) ·········· 11 5. 2009. 03. 18 개정 (형벌 완화) ······························································· 11 제2절 한국 법률구조제도의 주요내용 ···································································· 11 I. 목적 및 적용 범위 ························································································· 11 1. 목적 ················································································································ 11 2. 적용 범위 ······································································································· 12 II. 수입구조 ··········································································································· 21 1. 법률구조 서비스 재원의 법적 근거 ························································· 21 2. 현황분석 ········································································································ 22 3. 외국의 사례 : 법률구조 재정확보 현황 ················································· 25 3. 재원확보를 위한 제안 ················································································· 31 III. 대한법률구조공단 ··························································································· 38 - vi - 1. 연혁 및 개관 ································································································· 38 2. 네트워크 ········································································································ 39 3. 운영 현황 ······································································································ 40 IV. 민간 법률구조단체의 예: 한국가정법률상담소 ········································ 41 1. 개관 및 연혁 ································································································· 41 2. 조직 및 구조 ································································································ 42 3. 한국가정법률상담소의 법률구조 사업 ···················································· 45 4. 한국가정법률상담소 법률구조 요건 ························································ 50 5. 한국가정법률상담소 법률구조 실적 ························································· 51 제3절 법 운용의 성과 및 주요 현안 ····································································· 52 I. 법 운용의 성과 ·································································································· 52 II. 주요 현안 ·········································································································· 53 1. 차상위계층 무료법률구조 확대 ······························································· 53 2. 주택임대차분쟁조정위원회 개소 및 확대 ·············································· 54 3. 맞춤형 법률지원 시스템 구축 및 서비스 제공 ···································· 54 4. 변호사 인력 확충 ······················································································ 54 제3장 캄보디아 법률구조제도의 현황 및 개선방향 ··········································· 56 제1절 캄보디아 법률구조제도 현황 ······································································· 56 I. 서론 ···················································································································· 56 II. 캄보디아 법률구조 관련 주요 법령 ·························································· 57 Ⅲ. 캄보디아 법률구조 발전과정 ····································································· 59 Ⅳ. 캄보디아 법률구조 체계 ············································································· 60 1. 법무부: 총괄 및 예산 배정 ····································································· 60 2. 캄보디아 변호사협회 ················································································· 61 3. 민간 법률구조단체 ···················································································· 64 4. 사법서비스센터(Judicial Services Center) ············································· 64 - vii - V. 캄보디아 법률구조 운영현황 ······································································ 65 제2절 캄보디아 법률구조제도 한계 및 개선방향 ············································ 66 Ⅰ. 국가 차원의 중장기적·단계적 계획 수립 ················································ 66 Ⅱ. 법률구조법 제정 등 관련 법령의 정비 ··················································· 67 Ⅲ. 법률구조공단 설립 ······················································································· 68 Ⅳ. 법률가 양성제도의 개편 ············································································· 68 1. 현행 법률가 양성제도 ··············································································· 69 2. 법률가 공급의 양적 확대를 위한 방안 ················································ 70 Ⅴ. 민간 법률구조단체 지원 및 대안적분쟁해결 활성화 ························· 71 제4장 결론: 캄보디아 법률구조법제 개선방안 제시 ········································· 72 Chapter 1. Introduction ··························································································· 76 Section 1. Background of the Research ···························································· 76 Section 2. Purpose ·································································································· 76 Chapter 2. Main contents and operational performance of Legal Aid Act in Korea ······················································································································· 78 Section 1. Overview of Korean Legal Aid Act ················································ 78 Ⅰ. The Emergence of Korean Legal Aid Act ············································· 78 Ⅱ. The System of Legal Aid Act ··································································· 78 Ⅲ. Legal Aid Act Revision History ····························································· 82 Section 2. Principles of Legal Aid Act ···························································· 83 Ⅰ. Purpose and Scope ······················································································ 83 1. Purpose ········································································································ 83 2. Scope ·············································································································· 84 Ⅱ. Revenue Model ····························································································· 93 - viii - 1. Legal Basis for Legal Aid Service Funding ······································· 93 2. Status Analysis ·························································································· 94 Ⅲ. Korea Legal Aid Corporation ···································································· 99 1. History and Overview ················································································ 99 2. Network ····································································································· 100 3. Operation Status ······················································································ 101 Ⅳ. Restrictions and Penalties ······································································· 102 Section 3. Outcomes of Law Operation and Major Issues ·························· 103 Ⅰ. Outcomes of Law Operation ··································································· 103 Ⅱ. Major Issues ································································································ 105 Chapter 3. Necessity of Legal Aid Law in the Kingdom of Cambodia and Suggestions ················································································································ 108 Section 1. Current Status of Legal Aid Services in the Kingdom of Cambodia ··················································································································· 108 I. Background ···································································································· 108 II. Related Laws of Legal Aid System of the Cambodia ······················ 109 Ⅲ. Historical Development of the Legal Aid System of the Cambodia 112 Ⅳ. Structure of the Legal Aid System of the Cambodia ························ 113 Ⅴ. Current Implementation of the Legal Aid System of Cambodia ·· 116 Section 2. Suggestions for Improvement of the Legal System in Cambodia 118 I. Establish National 5 Years Action Plan ················································· 118 II. Establishment of a national legal aid corporation ······························ 119 III. Specific means to improve relevant laws and policies ··················· 120 IV. Education to raise legal professions and paralegals to enhance their competence and increase the numbers ·················································· 121 - ix - V. Introduction of various alternative dispute resolution methods in addition to traditional dispute resolution through litigation ··········· 122 Chapter 4. Conclusion ·························································································· 124 <표 차례> [표 1] 대한법률구조공단 민사, 가사사건 등 법률구조실적(1987 - 2017) ···· 14 [표 2] 대한법률구조공단 형사사건 법률구조실적(1996 - 2017) ····················· 16 [표 3] 준법생활화 운동 ·························································································· 18 [표 4] 법문화교육 ···································································································· 18 [표 5] 피해자 국선전담 변호사의 전국 배치 현황 ··········································· 20 [표 6] 최근 4년간 법률구조공단 수입원 구조 ················································· 22 [표 7] 최근 4년간 법률구조공단 수입원 분석 ·················································· 23 [표 8] 법률구조공단 수입원 상세 구조 ······························································· 24 [표 9] 대한법률구조공단 인원 ················································································ 41 [표 10] 법률구조서비스를 위한 각 해의 정부의 예산 배정 ···························· 61 [Chart 11] The Result of Legal Aid on civil and family cases at KLAC (1987 ? 2017) ············································································································· 87 [Chart 12] The Result of Legal Aid on criminal cases at KLAC (1987 ? 2017) ····························································································································· 89 [Chart 13] The movement of practicing compliance ······································· 91 [Chart 14] The education of legal culture ·························································· 91 [Chart 15] Public defenders for victims located in the country (as of - x - January 2017) ········································································································ 92 [Chart 16] The recent four years’ source of income of KLAC (KRW million) ························································································································· 95 [Chart 17] The recent four years’ source of income of KLAC (KRW million) ························································································································· 96 [Chart 18] The detailed structure of the source of income of KLAC (2017) 97 [Chart 19] Members of Korea Legal Aid Corporation (2017. 8 ) ············· 102 [Chart 20] Government Budget Allocation for Legal Aid Services ············ 114 <그림 차례> [그림 1] 법률구조 서비스 전달체계 ······································································ 8 [그림 2] 민사·가사 사건 처리절차 ··········································································· 9 [그림 3] 형사사건 처리절차 ···················································································· 10 [그림 4] 대한법률구조공단 조직도 ····································································· 39 [그림 5] 한국가정법률상담소 조직도 ·································································· 45 [그림 6] 아시아 각국의 사법접근성 순위 (World Justice Project 2018) ···· 56 [그림 7] 캄보디아 법률구조 관련 기관 ····························································· 60 [그림 8] 법률구조 신청서 (캄보디아 변호사협회회칙 부록 1) ······················· 63 [그림 9] 법률구조 보고서 (캄보디아 변호사협회회칙 부록 2) ······················ 64 [Figure 10] Legal Aid Service Delivery System ················································ 79 [Figure 11] Civil/Family Cases ············································································· 81 [Figure 12] Criminal Cases ··················································································· 82 - xi - [Figure 14] Organization Chart of KLAC ······················································· 100 [Figure 15] Annex No.1 of Law on the Bar, Request for Legal Assistance 111 [Figure 16] Annex No.2 of Law on the Bar, Report of Legal Assistance 112 [Figure 17] Legal Aid Groups in Cambodia ····················································· 115
 

< 목 차 >
제1장 서론 ······················································································································ 1
제1절 연구의 목적 및 필요성 ·················································································· 1
제2절 연구의 범위 및 내용 ····················································································· 2
제2장 한국 법률구조제도의 의의 및 운용 성과 ················································· 4
제1절 한국 법률구조법의 개관 ················································································· 4
I. 도입 배경: 법 제정 이전의 법률구조 ·························································· 4
II. 현행 법률구조 체계 ························································································ 7
III. 「법률구조법」 제?개정 연혁 ·································································· 10
1. 1986. 12. 23 신규제정 ··············································································· 10
2. 1994. 12. 31 개정 ····················································································· 10
3. 2007. 03. 29 개정 (범죄피해자 보호·지원 근거 마련) ······················ 11
4. 2008. 03. 28 개정 (국가와 지자체 책무에 관한 조항 신설) ·········· 11
5. 2009. 03. 18 개정 (형벌 완화) ······························································· 11
제2절 한국 법률구조제도의 주요내용 ···································································· 11
I. 목적 및 적용 범위 ························································································· 11
1. 목적 ················································································································ 11
2. 적용 범위 ······································································································· 12
II. 수입구조 ··········································································································· 21
1. 법률구조 서비스 재원의 법적 근거 ························································· 21
2. 현황분석 ········································································································ 22
3. 외국의 사례 : 법률구조 재정확보 현황 ················································· 25
3. 재원확보를 위한 제안 ················································································· 31
III. 대한법률구조공단 ··························································································· 38
- vi -
1. 연혁 및 개관 ································································································· 38
2. 네트워크 ········································································································ 39
3. 운영 현황 ······································································································ 40
IV. 민간 법률구조단체의 예: 한국가정법률상담소 ········································ 41
1. 개관 및 연혁 ································································································· 41
2. 조직 및 구조 ································································································ 42
3. 한국가정법률상담소의 법률구조 사업 ···················································· 45
4. 한국가정법률상담소 법률구조 요건 ························································ 50
5. 한국가정법률상담소 법률구조 실적 ························································· 51
제3절 법 운용의 성과 및 주요 현안 ····································································· 52
I. 법 운용의 성과 ·································································································· 52
II. 주요 현안 ·········································································································· 53
1. 차상위계층 무료법률구조 확대 ······························································· 53
2. 주택임대차분쟁조정위원회 개소 및 확대 ·············································· 54
3. 맞춤형 법률지원 시스템 구축 및 서비스 제공 ···································· 54
4. 변호사 인력 확충 ······················································································ 54
제3장 캄보디아 법률구조제도의 현황 및 개선방향 ··········································· 56
제1절 캄보디아 법률구조제도 현황 ······································································· 56
I. 서론 ···················································································································· 56
II. 캄보디아 법률구조 관련 주요 법령 ·························································· 57
Ⅲ. 캄보디아 법률구조 발전과정 ····································································· 59
Ⅳ. 캄보디아 법률구조 체계 ············································································· 60
1. 법무부: 총괄 및 예산 배정 ····································································· 60
2. 캄보디아 변호사협회 ················································································· 61
3. 민간 법률구조단체 ···················································································· 64
4. 사법서비스센터(Judicial Services Center) ············································· 64
- vii -
V. 캄보디아 법률구조 운영현황 ······································································ 65
제2절 캄보디아 법률구조제도 한계 및 개선방향 ············································ 66
Ⅰ. 국가 차원의 중장기적·단계적 계획 수립 ················································ 66
Ⅱ. 법률구조법 제정 등 관련 법령의 정비 ··················································· 67
Ⅲ. 법률구조공단 설립 ······················································································· 68
Ⅳ. 법률가 양성제도의 개편 ············································································· 68
1. 현행 법률가 양성제도 ··············································································· 69
2. 법률가 공급의 양적 확대를 위한 방안 ················································ 70
Ⅴ. 민간 법률구조단체 지원 및 대안적분쟁해결 활성화 ························· 71
제4장 결론: 캄보디아 법률구조법제 개선방안 제시 ········································· 72
Chapter 1. Introduction ··························································································· 76
Section 1. Background of the Research ···························································· 76
Section 2. Purpose ·································································································· 76
Chapter 2. Main contents and operational performance of Legal Aid Act
in Korea ······················································································································· 78
Section 1. Overview of Korean Legal Aid Act ················································ 78
Ⅰ. The Emergence of Korean Legal Aid Act ············································· 78
Ⅱ. The System of Legal Aid Act ··································································· 78
Ⅲ. Legal Aid Act Revision History ····························································· 82
Section 2. Principles of Legal Aid Act ···························································· 83
Ⅰ. Purpose and Scope ······················································································ 83
1. Purpose ········································································································ 83
2. Scope ·············································································································· 84
Ⅱ. Revenue Model ····························································································· 93
- viii -
1. Legal Basis for Legal Aid Service Funding ······································· 93
2. Status Analysis ·························································································· 94
Ⅲ. Korea Legal Aid Corporation ···································································· 99
1. History and Overview ················································································ 99
2. Network ····································································································· 100
3. Operation Status ······················································································ 101
Ⅳ. Restrictions and Penalties ······································································· 102
Section 3. Outcomes of Law Operation and Major Issues ·························· 103
Ⅰ. Outcomes of Law Operation ··································································· 103
Ⅱ. Major Issues ································································································ 105
Chapter 3. Necessity of Legal Aid Law in the Kingdom of Cambodia and
Suggestions ················································································································ 108
Section 1. Current Status of Legal Aid Services in the Kingdom of
Cambodia ··················································································································· 108
I. Background ···································································································· 108
II. Related Laws of Legal Aid System of the Cambodia ······················ 109
Ⅲ. Historical Development of the Legal Aid System of the Cambodia 112
Ⅳ. Structure of the Legal Aid System of the Cambodia ························ 113
Ⅴ. Current Implementation of the Legal Aid System of Cambodia ·· 116
Section 2. Suggestions for Improvement of the Legal System in Cambodia
118
I. Establish National 5 Years Action Plan ················································· 118
II. Establishment of a national legal aid corporation ······························ 119
III. Specific means to improve relevant laws and policies ··················· 120
IV. Education to raise legal professions and paralegals to enhance their
competence and increase the numbers ·················································· 121
- ix -
V. Introduction of various alternative dispute resolution methods in
addition to traditional dispute resolution through litigation ··········· 122
Chapter 4. Conclusion ·························································································· 124
<표 차례>
[표 1] 대한법률구조공단 민사, 가사사건 등 법률구조실적(1987 - 2017) ···· 14
[표 2] 대한법률구조공단 형사사건 법률구조실적(1996 - 2017) ····················· 16
[표 3] 준법생활화 운동 ·························································································· 18
[표 4] 법문화교육 ···································································································· 18
[표 5] 피해자 국선전담 변호사의 전국 배치 현황 ··········································· 20
[표 6] 최근 4년간 법률구조공단 수입원 구조 ················································· 22
[표 7] 최근 4년간 법률구조공단 수입원 분석 ·················································· 23
[표 8] 법률구조공단 수입원 상세 구조 ······························································· 24
[표 9] 대한법률구조공단 인원 ················································································ 41
[표 10] 법률구조서비스를 위한 각 해의 정부의 예산 배정 ···························· 61
[Chart 11] The Result of Legal Aid on civil and family cases at KLAC
(1987 ? 2017) ············································································································· 87
[Chart 12] The Result of Legal Aid on criminal cases at KLAC (1987 ?
2017) ····························································································································· 89
[Chart 13] The movement of practicing compliance ······································· 91
[Chart 14] The education of legal culture ·························································· 91
[Chart 15] Public defenders for victims located in the country (as of
- x -
January 2017) ········································································································ 92
[Chart 16] The recent four years’ source of income of KLAC (KRW
million) ························································································································· 95
[Chart 17] The recent four years’ source of income of KLAC (KRW
million) ························································································································· 96
[Chart 18] The detailed structure of the source of income of KLAC (2017)
97
[Chart 19] Members of Korea Legal Aid Corporation (2017. 8 ) ············· 102
[Chart 20] Government Budget Allocation for Legal Aid Services ············ 114
<그림 차례>
[그림 1] 법률구조 서비스 전달체계 ······································································ 8
[그림 2] 민사·가사 사건 처리절차 ··········································································· 9
[그림 3] 형사사건 처리절차 ···················································································· 10
[그림 4] 대한법률구조공단 조직도 ····································································· 39
[그림 5] 한국가정법률상담소 조직도 ·································································· 45
[그림 6] 아시아 각국의 사법접근성 순위 (World Justice Project 2018) ···· 56
[그림 7] 캄보디아 법률구조 관련 기관 ····························································· 60
[그림 8] 법률구조 신청서 (캄보디아 변호사협회회칙 부록 1) ······················· 63
[그림 9] 법률구조 보고서 (캄보디아 변호사협회회칙 부록 2) ······················ 64
[Figure 10] Legal Aid Service Delivery System ················································ 79
[Figure 11] Civil/Family Cases ············································································· 81
[Figure 12] Criminal Cases ··················································································· 82
- xi -
[Figure 14] Organization Chart of KLAC ······················································· 100
[Figure 15] Annex No.1 of Law on the Bar, Request for Legal Assistance 111
[Figure 16] Annex No.2 of Law on the Bar, Report of Legal Assistance 112
[Figure 17] Legal Aid Groups in Cambodia ····················································· 115
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