Law "Pregnancy and Childbirth Do Not Qualify as Reasons for Postponing the Bar Exam"
A law school graduate filed a relief lawsuit claiming that she lost her eligibility to take the bar exam (Beonsi) within the deadline due to pregnancy and childbirth, but she lost in the first trial.
On the 25th, the Administrative 3rd Division of the Seoul Administrative Court (Presiding Judge Choi Su-jin) dismissed the lawsuit filed by law school graduate Kim against the government seeking confirmation of her status to take the bar exam.
Previously, Kim claimed that she failed the 5th bar exam in January 2016 and was unable to take the 6th, 7th, and 8th exams due to pregnancy and childbirth of two children. After failing the 9th exam in January 2020, she became unable to take the exam any further according to the Bar Examination Act, which stipulates that one can only take the bar exam five times within five years.
Article 7 of the Bar Examination Act states that a person who has obtained a law school degree can take the bar exam only five times within five years from the last day of the month in which the degree was obtained or from the day the exam was taken as a prospective graduate. However, the period of military service to fulfill mandatory military duty is excluded from the five-year period.
Kim filed an administrative lawsuit arguing that pregnancy and childbirth should be recognized as unavoidable reasons for not being able to take the bar exam, similar to military service, and thus exceptions should be granted, but her claim was not accepted.
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She also requested a constitutional review by the Constitutional Court, arguing that the Bar Examination Act, which regulates the number of attempts, is unconstitutional, but the request was dismissed. In 2016, 2018, and 2020, the Constitutional Court ruled that the provision limiting five attempts within five years does not violate the freedom of occupational choice and upheld its constitutionality.
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