[Asia Exclusive] Lee Jong-yeop, President of the Korean Bar Association, "Reform Legislation Must Proceed Within the Framework of Human Rights Advocacy"

"Through Prosecution Reform, We Must Preserve the Positive Role in Eradicating Great Evils"
"Urgent Need to Reduce Bar Exam Passers and Systematically Improve Government Measures"
"The Most Important Qualities for Legal Professionals Are 'Conscience' and 'Sense of Shame'"

Lee Jong-yeop, the newly appointed president of the Korean Bar Association, is giving an interview to Asia Economy on the 26th of last month at the Korean Bar Association building in Yeoksam-dong, Gangnam-gu, Seoul. Photo by Moon Ho-nam munonam@

[Asia Economy Reporter Choi Seok-jin] “People in politics also need a ‘sense of balance.’ They should not try to use the law solely to suit their preferences but maintain balance and have the ability to resolve conflicts within their own fields.”

Lee Jong-yeop, President of the Korean Bar Association (58, Judicial Research and Training Institute Class 18), who took office last February, made these remarks while cautioning against legal absolutism?on one hand calling for judicial reform and prosecution reform, and on the other insisting on resolving matters strictly according to the law.

President Lee said, “Bringing everything to the prosecution, courts, or Constitutional Court to be resolved by law, or constantly trying to place our people in judicial institutions for their decisions, is what causes problems. I hope politics can resolve conflicts on its own through compromise and debate by fulfilling its inherent roles and functions.”

He particularly noted, “Regulations should gradually be eased to revive the economy, but instead, laws keep increasing. Citizens feel that regulations should be lifted, but rather, there are many complaints that ‘economic activities are becoming more difficult and cumbersome,’ so such things should be avoided.” He also expressed regret that repeated prosecution reforms under each administration have made the prosecution chronically and severely influenced by politics, resulting in a situation akin to a shipwreck.

As the 51st President of the Korean Bar Association, he carries a heavy responsibility. The association must respond to changes sweeping the legal services sector, and with over 1,500 new lawyers entering the profession annually amid a deepening crisis in the legal industry, there is a mountain of tasks to be done. Discussions on fundamental improvements to the current legal manpower supply system through law schools and the bar exam cannot be delayed. We met President Lee at the Bar Association on the 26th of last month.

- This election had the largest number of candidates in history. What do you think was the key to your victory?

▲ I believe the reality of the legal profession, which has become chaotic to the point that life is difficult due to oversupply, and the fallen status of the Korean Bar Association that hurt lawyers’ pride as legal professionals, were directly reflected in the members’ votes in the last election.

- What are the main tasks you plan to focus on?

▲ During the election period, the nationwide members’ demands I heard were: first, the Bar Association should take the lead in solving the oversupply of lawyers and the infringement of professional fields by platforms and similar legal organizations; second, to restore the diminished status of the Korean Bar Association; and lastly, to share the practical hardships lawyers face at the association level. I will focus on resolving these three issues first.

- What is your stance on the ruling party’s plan to establish the Serious Crime Investigation Agency and the Public Prosecution Office?

▲ Any reform legislation must be carried out with the highest priority on protecting the true rights of the people within the broad framework of human rights advocacy. The prosecution’s investigative authority has already been significantly weakened, the Corruption Investigation Office is operational, and effective investigative command and judicial control over the greatly strengthened police powers are weak. If the Serious Crime Investigation Agency is established, causing the state’s investigative agencies to be confusedly proliferated, it could infringe on citizens’ rights and accelerate wasteful political strife and public opinion division.

- What are your thoughts on the direction of prosecution reform?

▲ The prosecution has its own positive functions and has contributed greatly to the realization of social justice so far. We should consider how to reform and overhaul it while maintaining those positive functions. Creating another investigative agency and abolishing the prosecution contradicts the principle of independence of investigative agencies. Moreover, human rights are very important, and at the same time, the realization of social justice and eradication of great evils by vested interests are necessary for the country’s advancement. An institution that can fulfill such roles is needed.

Lee Jong-yeop, the newly appointed president of the Korean Bar Association, is giving an interview to Asia Economy on the 26th of last month at the Korean Bar Association building in Yeoksam-dong, Gangnam-gu, Seoul. Photo by Moon Ho-nam munonam@

- In the legal services sector, the use of legal platforms is increasing, bringing about changes both voluntary and involuntary.

▲ The expansion of legal platform businesses and the resulting increase in market share accelerate lawyers’ dependence on platforms and ultimately reduce lawyers to platform laborers, diminishing the public nature of lawyers and causing them to focus solely on commercial advertising in the market. It is more important that the public receives high-quality legal services than simply increasing accessibility to legal services. The indiscriminate proliferation of platforms lowers the quality of legal services and ultimately has negative effects on the public. Fundamentally, legal services provided by lawyers, which require high levels of public interest and ethics, cannot coexist with legal platforms that prioritize profit-seeking above all else.

- Lawyers’ sense of crisis is also growing.

▲ Due to the government’s flawed law school education policy and the oversupply of lawyers ignoring legal market demand, the legal profession is in a state of confusion, and most lawyers have long become livelihood workers struggling to make ends meet without the luxury to focus on their public mission of human rights advocacy and social justice. The threshold for lawyers disappeared long ago. In the market, clients can choose and hire lawyers at various fees, and many new lawyers are accepting cases at fees comparable to those of certified judicial scriveners. Reducing the number of bar exam passers and institutional reform at the government level are urgently needed.

- What are your countermeasures?

▲ We plan to form a ‘Bar Exam Passer Quota Task Force’ to reduce law school quotas and the number of bar exam passers by abolishing the loophole system of quota supplementation in law schools. We also intend to establish a permanent policy advisory body composed of lawyers who are former members of the National Assembly to promote legislation for a healthy legal profession. Additionally, we will actively inform the public about the need to reduce the appropriate number of passers through joint forums and symposiums with lawmakers and the media.

- Preferential treatment of former high-ranking officials undermines public trust in legal services.

▲ To eradicate preferential treatment of former officials, we plan to introduce measures to extend the restriction period on case acceptance for former officials turned lawyers. We also aim to establish institutional measures, like in the U.S. and Japan, to restrict high-ranking judges and prosecutors from practicing or serving as advisors to law firms. In the long term, we seek to exclude the influence of former officials in judicial procedures and achieve civic control through the introduction of discovery systems and civil/criminal jury trials.

- What virtues or mottos do you consider most important as a legal professional?

▲ Whatever I do, I believe a legal professional must have ‘conscience’ and ‘shame.’ I have lived with the belief that I will not make decisions or take actions that violate conscience or shame. Another important virtue is ‘sincerity.’ Especially lawyers deal with conflicts, lawsuits, and clashing interests among people, so no matter what happens, not selling one’s conscience is my motto.

About President Lee...

▲ Born in 1963 in Siheung, Gyeonggi Province ▲ Incheon Gwangseong High School ▲ Seoul National University Law School ▲ Judicial Research and Training Institute Class 18 ▲ Prosecutor at Incheon District Prosecutors’ Office, Yeongdeok Branch, Changwon District Prosecutors’ Office (1992?1995) ▲ Opened law practice in 1995 ▲ Public Relations Director and General Affairs Director of Incheon Bar Association ▲ 19th President of Incheon Bar Association ▲ 51st President of Korean Bar Association

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