Free Practice Questions for Korean Bar Exam

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Sample Korean Bar Exam Practice Questions

Try these sample questions to review concepts for the Korean Bar Exam exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under the Constitution of the Republic of Korea, which of the following correctly describes the principle of proportionality (과잉금지원칙) applied by the Constitutional Court when reviewing statutes that restrict fundamental rights under Article 37(2)?

A.The statute must satisfy legitimacy of purpose, appropriateness of means, least restrictive means (necessity), and balance of legal interests (법익의 균형성)

B.The statute is constitutionally valid as long as the National Assembly passed it by a two-thirds supermajority

C.The government must demonstrate that the law will generate positive tax revenues exceeding implementation costs

D.The statute must be identical to model legislation adopted in at least three other OECD member states

Explanation: Under settled Constitutional Court jurisprudence and Article 37(2) of the Constitution, statutory restrictions on fundamental rights must satisfy all four prongs of the principle of proportionality: (1) legitimacy of legislative purpose (목적의 정당성), (2) appropriateness of means (수단의 적합성), (3) least restrictive means / necessity (침해의 최소성), and (4) balance between public interest and private harm (법익의 균형성). Failure of any single prong renders the restriction unconstitutional.

2Under Article 68(1) of the Constitutional Court Act, what is the core requirement regarding the exhaustion of prior remedies before filing an ordinary constitutional complaint (헌법소원심판)?

A.A complainant may file directly with the Constitutional Court without pursuing any administrative or judicial remedies

B.If any other relief procedure is provided by other statutes, a constitutional complaint may not be filed until all such statutory remedies have been exhausted (보충성의 원칙)

C.The complainant must obtain a discretionary referral from the Prime Minister

D.The complainant must file within 10 years of reaching adulthood

Explanation: Article 68(1) of the Constitutional Court Act enshrines the principle of subsidiarity (보충성의 원칙): if any other statutory remedy or judicial appeal is available, a constitutional complaint may not be requested until all such prior procedural avenues have been completely exhausted.

3Under Article 68(2) of the Constitutional Court Act, when may a litigant file a constitutional complaint challenging the constitutionality of a statute (위헌심사형 헌법소원)?

A.When the ordinary trial court has already granted a request to submit the statute for constitutional review

B.When a motion requesting the ordinary trial court to refer the statute for constitutional adjudication has been dismissed or rejected by that court

C.When the litigant has never appeared before any ordinary court

D.When the National Assembly repeals the statute during the pendency of the appeal

Explanation: Under Article 68(2) of the Constitutional Court Act, if a party's motion requesting the trial court to refer a statute to the Constitutional Court under Article 41(1) is rejected or dismissed (기각 또는 각하), that party may directly file a constitutional complaint challenging the statute with the Constitutional Court within 30 days.

4Under Article 111(2) of the Constitution of the Republic of Korea, how is the bench of nine Justices of the Constitutional Court composed?

A.All 9 Justices are appointed unilaterally by the Chief Justice of the Supreme Court

B.All 9 Justices are appointed by the President, with 3 designated from candidates elected by the National Assembly and 3 nominated by the Chief Justice of the Supreme Court

C.The Justices are directly elected by popular nationwide vote every 4 years

D.6 Justices are appointed by the Minister of Justice and 3 by the Prime Minister

Explanation: Article 111(2) and (3) of the Constitution provides that the Constitutional Court shall be composed of nine Justices appointed by the President. Among them, three are appointed from candidates elected by the National Assembly, and three are appointed from persons nominated by the Chief Justice of the Supreme Court, ensuring balanced institutional representation.

5Under Article 12(1) and (3) of the Korean Constitution, which of the following is a mandatory constitutional requirement regarding arrest, detention, seizure, or search?

A.A warrant issued by a judge upon the request of a prosecutor in accordance with due process must be presented, except in cases of flagrante delicto or emergency arrest

B.Police investigators may execute searches without a warrant whenever they suspect an administrative infraction

C.A warrant may be issued directly by the Minister of Justice during national election campaigns

D.A verbal search authorization from a senior police superintendent is legally equivalent to a judicial warrant

Explanation: Article 12(3) of the Constitution sets forth the warrant principle (영장주의): warrants issued by a judge upon the application of a prosecutor through due process of law must be presented for arrest, detention, seizure, or search, subject to recognized exceptions where a criminal suspect is apprehended in flagrante delicto or where an emergency arrest is executed for grave crimes under statutory conditions.

6Under Article 21(2) of the Constitution of the Republic of Korea, what form of government restriction on freedom of speech and the press is categorically prohibited?

A.Post-publication civil defamation lawsuits

B.Licensing or censorship of speech and the press, and licensing of assembly and association (언론·출판에 대한 허가나 검열과 집회·결사에 대한 허가는 인정되지 아니한다)

C.Criminal prosecution for perjury committed in court

D.Enacting antitrust limits on media corporate ownership concentration

Explanation: Article 21(2) of the Constitution explicitly commands that licensing or censorship of speech and the press, and licensing of assembly and association, shall not be recognized under any circumstances (absolute ban on prior censorship / 사전검열금지의 원칙).

7Under Article 23(3) of the Constitution, what are the constitutional prerequisites for the expropriation, use, or restriction of private property for public necessity?

A.It must be based on statute and just compensation must be paid (법률로써 하되, 정당한 보상을 지급하여야 한다)

B.It may be carried out by unilateral executive order without statutory authority, provided nominal compensation is offered

C.It requires prior unanimous consent from all property owners in the surrounding district

D.It is constitutionally prohibited under all circumstances regardless of public necessity

Explanation: Article 23(3) of the Constitution provides that expropriation, use, or restriction of private property for public necessity shall be governed by statute (법률유보) and just compensation (정당한 보상) must be paid. Both statutory authorization and just compensation are dual constitutional prerequisites.

8Under Article 53 of the Constitution, what voting majority is required in the National Assembly to override a Presidential veto of a bill and pass it into law?

A.A simple majority of the members present

B.The attendance of a majority of the total members, and the concurrent vote of two-thirds or more of the members present (재적의원 과반수의 출석과 출석의원 3분의 2 이상의 찬성)

C.A unanimous vote of all registered members

D.Three-fourths of the total registered members

Explanation: Under Article 53(4) of the Constitution, when the President vetoes a bill and returns it to the National Assembly for reconsideration, the Assembly may override the veto if a majority of total members attend and at least two-thirds of the members present vote in favor.

9Under Article 65 of the Constitution, which of the following public officials is NOT subject to parliamentary impeachment (탄핵소추) by the National Assembly for violation of the Constitution or statutes in the execution of official duties?

A.The President of the Republic of Korea

B.Justices of the Constitutional Court and Judges of ordinary courts

C.Members of the National Assembly (국회의원)

D.Members of the State Council and heads of Executive Ministries

Explanation: Article 65(1) specifies that the President, Prime Minister, State Council members, heads of ministries, Constitutional Court Justices, judges, National Election Commission members, Board of Audit and Inspection commissioners, and other public officials prescribed by statute may be impeached. Members of the National Assembly are legislators and are subject to internal parliamentary discipline or expulsion under Article 64, not impeachment under Article 65.

10Under the General Act on Public Administration (행정기본법 Article 12), what are the core elements of the 'principle of protection of legitimate expectations' (신뢰보호의 원칙)?

A.An administrative agency may arbitrarily revoke any valid permit whenever a new mayor is elected

B.When a citizen has trusted in the lawfulness or permanence of an administrative agency's disposition or action without fault, such legitimate expectation must be protected unless contrary to grave public interest

C.Citizens must automatically forfeit all permits if they change their registered residence

D.Administrative agencies must guarantee commercial profits to all private contractors

Explanation: Article 12 of the General Act on Public Administration codifies the principle of protection of legitimate expectations: where a citizen has formed a legitimate expectation based on an administrative action worthy of protection without fault on their part, the agency shall not harm that expectation unless necessary for an overriding public interest.

About the Korean Bar Exam Exam

The Korean Bar Examination (변호사시험) is South Korea's national professional licensing examination for lawyers, judges, and prosecutors. Open exclusively to graduates of accredited Korean three-year graduate law schools (로스쿨), it assesses in-depth substantive and procedural legal knowledge across public, civil, and criminal law.

Exam sponsor: Ministry of Justice of the Republic of Korea (법무부). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Five-day national licensure examination: Public Law (40 MCQs, 2 essay cases, 1 record exam); Civil Law (70 MCQs, 3 essay cases, 1 record exam); Criminal Law (40 MCQs, 2 essay cases, 1 record exam); and an Elective subject (2 essay cases).

Time Limit

Administered across 5 days (including 1 rest day); objective sessions range from 70 to 120 minutes per paper

Passing Score

Total converted composite score (MCQ + essay) above annual cutoff set by the Bar Examination Committee, with a minimum 40% score per subject (과락 40점 방지)

Exam / Certification Fees

KRW 200,000

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

30% of bank (30 questions)

Public Law: Constitutional & Administrative Law

Constitutional principles, fundamental human rights, separation of powers, judicial review, administrative acts, state liability, and administrative litigation.

40% of bank (40 questions)

Civil Law, Commercial Law & Civil Procedure

Civil Act obligations and property rights, Commercial Act corporate transactions and governance, and Civil Procedure Act litigation, evidence, and res judicata.

30% of bank (30 questions)

Criminal Law & Criminal Procedure

Substantive Criminal Act offenses and defenses, Criminal Procedure Act warrants, constitutional due process, evidence rules, exclusionary doctrine, and trial procedures.

Preparing for the Korean Bar Exam Exam

What You Need to Know

Passing score: Total converted composite score (MCQ + essay) above annual cutoff set by the Bar Examination Committee, with a minimum 40% score per subject (과락 40점 방지)
Assessment: Five-day national licensure examination: Public Law (40 MCQs, 2 essay cases, 1 record exam); Civil Law (70 MCQs, 3 essay cases, 1 record exam); Criminal Law (40 MCQs, 2 essay cases, 1 record exam); and an Elective subject (2 essay cases).
Time limit: Administered across 5 days (including 1 rest day); objective sessions range from 70 to 120 minutes per paper
Exam / certification fees: KRW 200,000 Official sources

Using Our Practice Resources

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Frequently Asked Questions

What is the official structure of the Korean Bar Examination?

The official Korean Bar Examination is administered by the Ministry of Justice over five consecutive days (including one rest day). It evaluates three main subjects: Public Law (Constitutional Law and Administrative Law), Civil Law (Civil Act, Commercial Act, and Civil Procedure Act), and Criminal Law (Criminal Act and Criminal Procedure Act), plus an elective subject. Each main subject includes both an objective multiple-choice paper (totaling 150 questions) and subjective essay examinations consisting of case-based problems and record-based litigation brief drafting.

What is the '5-year 5-time rule' (오탈제)?

Under Article 7 of the Bar Examination Act, a law school graduate must sit for the bar exam within 5 years starting from the last day of the month in which they graduated, and is permitted to attempt the examination a maximum of 5 times during this period. Once five attempts or five years elapse without passing, the candidate is permanently barred from sitting for the bar exam again.

Is the official Korean Bar Examination administered in English?

No, the official bar examination is administered entirely in Korean. This OpenExamPrep practice bank provides an independent English-language study adaptation designed to help international practitioners, legal scholars, and bilingual law students master Korean legal doctrines, statutory provisions, and judicial precedents in English.

How are the practice questions distributed across legal fields?

The 100 questions in this bank are balanced to reflect the official scope: 30 questions in Public Law (Constitutional and Administrative Law), 40 questions in Private/Civil Law (Substantive Civil Law, Commercial Law, and Civil Procedure), and 30 questions in Criminal Law (Substantive Criminal Law and Criminal Procedure).