Fighting the Bar Exam 5-Fail Rule for Pregnant Women
The South Korean Constitutional Court recently ruled that the “5-failure system,” which limits bar exam attempts to five times within five years of graduation, is constitutional. According to lawyer Park Eun-sun, this system unfairly penalizes women who lose testing opportunities due to pregnancy and childbirth, as only military service is currently exempt.
Why does the “5-failure system” impact pregnant women?
The current law allows law school graduates only five attempts to pass the bar exam within a five-year window. If a candidate exhausts these attempts, they are effectively barred from becoming a lawyer, according to Park Eun-sun of Law Office Lee.
Unlike military service, which is excluded from the time limit, pregnancy and childbirth are not recognized as exceptions. Park notes that this creates a situation where women are forced to stop pursuing their legal careers simply because they became mothers.
What were the consequences of the Constitutional Court’s ruling?
The Constitutional Court determined the law does not violate the constitution. However, five justices issued opinions stating that exceptions for pregnancy and childbirth are necessary, according to the court’s findings.
Park cited the case of Kim Nu-ri, who failed her first exam and subsequently became pregnant. Due to childbirth and childcare for two children, Kim was unable to use three of her five attempts and lost her eligibility to take the exam.
Another reported case involved a heavily pregnant student who took the five-day exam with a bed next to her desk in a separate classroom. That student was admitted to the emergency room and suffered a premature birth following the exam, Park stated.
How could the law change in the future?
A bill is currently before the National Assembly that would exclude one year from the attempt limit for those who have given birth. Park Eun-sun urged the legislature to pass this amendment without further delay.
Beyond legislative action, Park is considering several other avenues to challenge the current system. Potential next steps may include filing petitions with the National Human Rights Commission and the United Nations, as well as pursuing further legislative petitions.
Park, who became a lawyer in 2020 after working as a social studies teacher from 2002 to 2014, shared her own experience as a mother of twins during law school. She described the extreme stress and anxiety of balancing childcare with her studies, stating she would have been unable to study had she experienced pregnancy and childbirth during her exam preparation.
Frequently Asked Questions
What is the “5-failure system” in the South Korean bar exam?
It is a regulation that limits law school graduates to five attempts to pass the bar exam within five years of graduation.
Does the law provide exceptions for health or family reasons?
No. According to Park Eun-sun, the law currently only excludes the period of military service from the time limit, ignoring pregnancy, childbirth, and illness.
What is the current status of the proposed legal changes?
An amendment has been proposed in the National Assembly to exempt one year from the exam attempt limit for women who have given birth.
Do you believe professional certification timelines should be adjusted for medical and family milestones?