[Bar Association President Election] Park Jongheun "Guarantee Lawyers' Three Rights, Beyond Protecting Professions to Creating New Ones"

"Guaranteeing Three Rights: Lawyer's Right to Survival, Personal Safety, and Confidentiality" Declared
"15 Years of Lawyer Association Service, Strength in Communication with Young Lawyers"
"Not Opposed to Legal Tech. The Problem Lies in Lotok as an Intermediary Platform"

Attorney Park Jong-heun, a candidate for the 52nd President of the Korean Bar Association./Photo by Park Jong-heun's office

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The election campaign to elect the 52nd President of the Korean Bar Association is in full swing.

Candidate No. 3, Park Jong-heun, Representative Attorney at Law Firm Shinwoo (56 years old, 10th Military Legal Officer Exam, 31st Judicial Research and Training Institute class), has a unique background of passing both the military legal officer appointment exam and the bar exam.

Currently serving as the Senior Vice President of the Bar Association, he holds subtle differences in detailed positions regarding several policies promoted by the current President Lee Jong-yeop.

In particular, he stated that online platforms and legal tech are significant trends of the era and he does not oppose them. However, he believes that private platforms such as LawTalk, which are currently controversial, are 'intermediary-type platforms' and thus problematic, and ultimately the issue should be resolved through amendments to the Attorney-at-Law Act.

Attorney Park declared the guarantee of the 'three rights of attorneys'?attorney survival rights, personal safety rights, and attorney-client confidentiality rights (ACP).

He cited his strength as having consistently served in the Bar Association and the Seoul Bar Association for 15 years and understanding the difficulties of many attorneys through communication with young lawyers while teaching students at university for a long time.

Attorney Park graduated from Daegu Dalseong High School and Seoul National University’s Department of Law. He completed a master's course and doctoral coursework at Chung-Ang University Graduate School. After passing the 10th Military Legal Officer Appointment Exam in 1992, he worked at a private company and as an intern at the National Assembly before passing the 41st Bar Exam in 1999. After opening his law practice, he served as a legal advisor for various companies and organizations such as Korea Railroad Corporation, Incheon International Airport Corporation, Korea Expressway Corporation, Korean Red Cross, Korea Marine Environment Management Corporation, and Good Neighbors. Notably, he has held various roles in legal organizations including ▲Director of Education at Seoul Bar Association (2009) ▲Member of Personnel Committee and Special Committee on Public Interest Litigation at Seoul Bar Association (2011) ▲Human Rights Commissioner at Korean Bar Association (2012) ▲Director of Education at Korean Bar Association (2015) ▲Director of Finance at Korean Bar Association (2017) ▲Member of Reform Committee at Korean Bar Association (2019) ▲President of Tax Attorneys Society at Korean Bar Association (2020) ▲Senior Vice President of Korean Bar Association and Director of Attorney Training Institute (2021) ▲Member of Judicial Personnel Committee, Member of Judicial Policy Research Institute Steering Committee, Member of Judicial Research and Training Institute Steering Committee, Vice President of Constitutional Law Association, Vice President of ESG Association, Vice President of Seoul National University Law School Alumni Association, among others.

Below is a Q&A with Attorney Park.

- What is the reason for running for the presidency of the Bar Association?

▲I am running for the presidency with the belief that the Bar Association must stand straight for the country to stand straight. As a guardian of human rights and justice, the Bar Association must act as a watchdog and critic of power. We must establish a Bar Association that serves the people by standing it upright.

The current legal environment is in a very serious crisis. The encroachment on the attorney profession by similar occupations is intensifying day by day, and the Bar Association is losing its presence as a guardian of human rights and justice. I am running in this election with a firm determination to restore the pride of our members by practicing the mission of defending fundamental human rights and realizing social justice, establishing the Bar Association’s original role and status, and leading not only the protection but also the creation of the profession.

If I am elected president, I will lead a Bar Association that does not remain silent in any situation threatening the rule of law, that becomes the voice of the people to protect true democracy, that pioneers diverse legal cultures for many struggling attorneys, that members can rely on, and that attorneys can proudly say, "It is rewarding to be an attorney."

- What is the top priority pledge you plan to promote?

▲To protect and create the profession and improve attorneys’ rights, I plan to declare the guarantee of the 'three rights of attorneys' and promote key pledges. The three rights of attorneys are Survival Rights ? the livelihood and rights of attorneys. The Bar Association will take responsibility. Second, Personal Safety Rights ? the safety of attorneys. The Bar Association will protect. Third, Attorney-Client Confidentiality Rights (ACP) ? the right of attorneys to confidentiality. The Bar Association will guarantee.>

The top priority task to realize the three rights of attorneys is 'strengthening legislative activities.' The achievements of protecting and creating the profession ultimately depend on legislation. If elected president, I will personally take charge of legislative activities at the National Assembly frontline. I have formed a legislative network for policy promotion with the National Assembly Judiciary Committee, the National Assembly, courts, prosecution, and government, enabling strong policy promotion. I will establish a permanent Legislative Support Center to support legislative activities. Following the introduction of judicial evaluation and prosecutor evaluation systems, I will introduce legislative evaluation and excellent legislator evaluation systems to actively reflect the Bar Association’s voice in legislation and enhance members’ rights. Additionally, there are concrete policies to expand local association members’ participation opportunities, strengthen members’ capabilities, and improve the work environment and rights of female and young attorneys.

- What is your position on LawTalk and future response plans?

▲I believe protecting and expanding the attorney profession is the biggest issue in this election. All candidates consider this a major pledge and immediate task. The response to private legal platforms represented by LawTalk is the biggest issue in this election. I think the heightened sense of crisis stems from the expansion of private legal platforms infringing on the attorney profession and attorneys’ rights. We have already experienced the market dominance of delivery apps during the COVID-19 pandemic and the shock of daily life stopping due to KakaoTalk outages. This is not just a problem with a specific private platform company called LawTalk.

Online platforms and legal tech are major trends of the era. I do not oppose platforms or legal tech. However, the current private platforms have the problem of being 'intermediary-type platforms.' Advertising does not reveal the advertiser to consumers, but intermediaries reveal themselves while advertising. However, LawTalk advertises itself, not attorneys, such as 'Sentencing Prediction LawTalk' (service ended last September) and 'Divorce Consultation LawTalk.' When clients want to consult, they contact LawTalk rather than the attorney. This is an 'intermediary-type platform.' The Attorney-at-Law Act prohibits attorneys from mediating or introducing clients for a fee, and LawTalk’s advertising method violates this as an intermediary.

Attorneys play a public role. Most legal misconduct by attorneys occurs due to brokers’ manipulation. LawTalk, operating in a broker-like manner, violates the Attorney-at-Law Act by mediating between attorneys and clients.

The Bar Association created a public platform called 'My Attorney' to respond to private platforms. However, it is still insufficient. I will focus on promoting and improving the 'My Attorney' platform. The 49th President Kim Hyun’s administration established a 'Attorney Mediation Center.' At that time, many cases in specialized fields such as environment, energy, and fair trade were referred to the center. However, the center failed to activate due to case allocation issues while trying to maintain its founding purpose as a mediation center for young attorneys. Having experienced these issues, I plan to improve the problems and create a 'My Attorney' platform that the public can easily access in the platform era.

If private companies lead legal platforms, legal services will ultimately be subordinated to private capital, not only attorneys. Therefore, it is necessary to operate a legal platform led by attorneys and the Bar Association. Furthermore, I will amend the Attorney-at-Law Act to explicitly prohibit 'non-attorneys from advertising legal services' to end the war with private platforms. The issue of responding to private legal platforms is closely linked to protecting and creating the profession.

- If the Ministry of Justice decides to cancel disciplinary actions against attorneys registered with LawTalk, what is your stance?

▲There have been various opinions and many debates within the Bar Association executive regarding member discipline for violating advertising regulations. Putting aside the request for member discipline, discipline has already been imposed for violating advertising regulations. Differing disciplinary decisions or sanctions on the same matter raise procedural and fairness issues.

Member discipline is decided by the independent Bar Association Attorney Disciplinary Committee. The president or executive cannot intervene. The president executes the decisions of the disciplinary committee.

If the Ministry of Justice Attorney Disciplinary Committee cancels the Bar Association disciplinary committee’s decision, the Bar Association’s follow-up measures become very complex. I am well aware of the sharp conflicts and seriousness regarding follow-up disciplinary measures. This is not a matter the president can decide alone. I am considering various options, but since the Ministry of Justice disciplinary committee’s decision has not been made, it is not appropriate to make definitive statements. I will carefully consider various opinions and situations before making a decision.

- What are your unique strengths that differentiate you from other candidates?

▲My 15 years of continuous experience in various fields of Bar Association affairs, my profession protection activities including litigation, and my ongoing communication with young attorneys as an adjunct law school professor are strengths that cannot be compared with other candidates.

First, I have 15 years of experience in various Bar Association affairs.

Since 2007, despite changes in the executive, I have continuously served in Bar Association affairs for 15 years, making me more knowledgeable about Bar Association affairs than anyone else. I have served as Senior Vice President, Director of Attorney Training Institute, Director of Education, Director of Finance, President of the Tax Attorneys Society, and Director of Education at Seoul Bar Association. I have continuously worked in human rights committees, reform committees, attorney training institute steering committees, law school evaluation committees, bar exam passers’ training committees, specialized field registration review committees, judicial evaluation committees, general meeting budget and settlement review committees, and as chairman of five specialized attorney societies for 15 years without rest.

I have a comprehensive understanding of all the work conducted by the Bar Association, enabling me to maintain continuity consistently. Although other candidates claim to have rich experience, no candidate has continuously served in Bar Association affairs without interruption despite changes in the executive. The president’s term is only two years. There is no time to waste adapting to work after election. Having experienced various Bar Association affairs for 15 years, I am prepared to fulfill the role of president and can act immediately.

Second, I have pursued legal profession protection activities including litigation.

I have not engaged in symbolic one-person protests or hastily formed groups for election purposes. For six years, I have directly filed lawsuits to protect the profession. I have lived a sincere life in profession protection activities, acting rather than speaking, as an attorney for attorneys. Cases I have represented or been directly involved in include ▲winning all three trials in the lawsuit to nullify the expulsion of the Korean Patent Attorneys Association president by the Korean Patent Society ▲constitutional court decisions of unconstitutionality in tax adjustment work under the Corporate Tax Act and Income Tax Act ▲constitutional lawsuits on the Tax Accountant Act excluding tax accountant qualifications for attorneys ▲lawsuits to nullify disciplinary actions received for not joining the Korean Patent Society ▲constitutional lawsuits on Article 11 of the Patent Attorney Act mandating membership in the Patent Society ▲lawsuits to cancel fines for failure to complete mandatory education for patent attorneys. No other candidate has achieved results by directly becoming a party or representing lawsuits to protect the entire attorney profession. My past activities prove my unwavering and strong profession protection efforts.

Lastly, I have continuously communicated with young attorneys while lecturing as an adjunct law school professor.

Since 2007, I have lectured at Chung-Ang University Law School, Hanyang University Law School, Chung-Ang University Law School, Hankuk University of Foreign Studies Law School, and Seoul National University Law School on topics such as antitrust law, consumer law, legal document drafting, legal clinics, and legal ethics. In 2009, I gave ethics lectures to judicial trainees assigned for attorney practical training and have continued lectures for bar exam passers and ethics training for attorneys at the Bar Association and Seoul Bar Association. I have received excellent professor awards twice based on student evaluations at Chung-Ang University and currently serve as an adjunct professor at Seoul National University and Chung-Ang University law schools. Students who attended my lectures have told me they gained some understanding of how to live as an attorney and expressed gratitude.

I meet and communicate with many young attorney disciples working hard in various fields and listen to their difficulties. The background for my serious view of the profession encroachment issue and making it a top priority is my practical experience of communicating with young attorney disciples and empathizing with their hardships. I am the right person to solve the problems attorneys face, such as young attorneys’ difficulties, livelihood issues of solo practitioners, and treatment of employed attorneys.

[Notice] Initially, this publication requested written interviews from the public relations officers of the three candidates running for this Bar Association presidency election?Kim Young-hoon (Candidate No. 1), Ahn Byung-hee (Candidate No. 2), and Park Jong-heun (Candidate No. 3)?and received consent. However, later, Candidate Kim Young-hoon’s side informed us that due to internal circumstances, they could not participate in the interview, so we regretfully conducted interviews only with the other two candidates.

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