Investigation Issues of Former Police Chief Accused of 'Violation of Attorney Act'... Reviewing Supreme Court Precedents

[Asia Economy Reporter Seongpil Cho] The police investigation into former National Police Agency Commissioner A, who has been booked on charges of violating the Attorney-at-Law Act, is expected to focus on whether his indirect assistance in a lawyer's case at the same law firm constitutes legal affairs as defined by law. Previously, the Supreme Court made a ruling on legal affairs that were not clearly defined by law in a similar case. This ruling is expected to serve as a gauge for the future direction of police case handling.

The Key Issue: 'Other Legal Affairs' in the Statute

Reviewing the relevant precedent, the Supreme Court, while hearing the case of B, who was indicted in 2014 for violating the Attorney-at-Law Act, interpreted the meaning of 'other legal affairs' as stipulated in Article 109, Paragraph 1 of the Attorney-at-Law Act. This provision prescribes penalties for acts of performing legal affairs related to litigation cases by persons who are not lawyers. The types of prohibited legal affairs include appraisal, representation, arbitration, reconciliation, solicitation, legal consultation, and drafting of legal documents, followed by the comprehensive phrase 'other legal affairs.'

The lower courts held that B, who was not a lawyer, conducting fact-finding and data collection for a specific case did not fall under 'appraisal' or 'representation' as defined in the provision; however, the Supreme Court's judgment differed. It ruled that fact-finding and data collection also constitute acts that cause, change, extinguish, preserve, or clarify legal effects and thus fall under 'other legal affairs' as defined by the Attorney-at-Law Act. The appellate court had misinterpreted the phrase 'other legal affairs' in the statute.

A is accused of performing legal affairs related to specific cases without a lawyer's license while working as an advisor at a foreign law firm. A denies the charges, stating, "I only indirectly assisted cases handled by lawyers at the same law firm." Like B, he claims he did not act as a 'representative.' Ultimately, the outcome of the case is expected to hinge on how the police determine whether his so-called indirect assistance constitutes 'other legal affairs' as defined in the Attorney-at-Law Act.

Another Issue: Whether There Was Compensation

Another issue in this case is the nature of the money A received. Under the current Attorney-at-Law Act, a person without a lawyer's license who receives money or other benefits for handling legal affairs related to specific cases is subject to imprisonment of up to seven years or a fine of up to 50 million won. A stated, "I did not receive any fees for handling specific cases." This is interpreted as meaning he received a salary as a member of the law firm, not as compensation for indirect assistance.

Previously, the Supreme Court provided criteria on this matter when ruling on B's case. At that time, B claimed he did not receive economic benefits exceeding actual expense reimbursement (the amount paid to employees for expenses actually incurred in performing their duties). However, the Supreme Court rejected this claim, finding that B disguised economic benefits as expense reimbursement in exchange for legal services.

In A's case, whether compensation was involved is likely to be the 'key' to determining guilt or innocence. It is reported that the police are also examining this aspect. A police official said, "A did not receive a large sum," adding, "We are examining the nature of the money and whether the advisory services A provided constitute a violation of the Attorney-at-Law Act." The police plan to summon and investigate A after reviewing the facts and legal issues. This case is being handled by the Major Crimes Investigation Division of the National Police Agency's National Investigation Headquarters, which specializes in special investigations.

This content was produced with the assistance of AI translation services.