[Interview with Three Public Defender Lawyers] "Regardless of the Verdict, Feeling Rewarded When Defendants Say 'No Regrets'"

Choi Unhee
Emergency Bell Installed When Consulting Mentally Ill Defendants for Contingencies

Sohn Younghyun
Public Defenders Help Defendants Express Grievances in Legal Language in Court

Nam Deokhee
Cannot Endure Without Sense of Duty Even if Salary Increases; Case Assignments Should Be Reduced Due to Heavy Workload

"I once received a letter from a defendant I had previously defended that said, 'Thanks to you, lawyer, I am determined to straighten my mind and live diligently from now on. I sincerely repent my sins.' As a lawyer, hearing such words from a defendant brings me the greatest joy and happiness. Letters of gratitude from defendants are the most precious gifts to me."

Choi Woon-hee, Son Young-hyun, Nam Deok-hee Attorneys [Photo by Legal News]

Choi Un-hee (45, Judicial Research and Training Institute Class 39), who has been working as a public defender exclusively since 2010 for 14 years, has defended more than 4,000 defendants so far. Choi said with a bright smile, "I have received hundreds of letters from defendants so far, and I keep all of them."

On the 22nd of last month, The Law Times met with public defenders Choi Un-hee, Nam Deok-hee (41, 5th Bar Exam), and Son Young-hyun (41, 6th Bar Exam) at the public defender offices of the Seoul High Court and Seoul Central District Court in Seocho-dong to hear about the joys and sorrows of public defenders. They unanimously said, "Regardless of the trial outcome, when a defendant finishes the trial without feeling wronged and sincerely thanks the defense attorney, our hearts are fulfilled."

Below is a Q&A.

Choi Woon-hee, Son Young-hyun, Nam Deok-hee Attorneys [Photo by Legal Newspaper]

Q. When did you start working as a public defender exclusively, and what motivated you?

[Choi Un-hee] After completing the Judicial Research and Training Institute in January 2010, I have been working as a public defender exclusively from March 2010 to the present, about 13 years and 9 months. From March 2010 to February last year, I worked at Incheon District Court. Since March last year, I have been working at Seoul Central District Court.

[Nam Deok-hee] I started working as a public defender exclusively at the Seoul High Court from March last year. I originally had an interest in criminal cases and chose this role because I could help people in difficult circumstances with my abilities. Previously, I worked in litigation at a law firm and also worked in the Human Rights Protection Division of the Ministry of Justice.

[Son Young-hyun] I started working as a public defender exclusively at Seoul Central District Court in March 2021. Before that, I worked as a law firm lawyer and as a secretary to a member of the National Assembly. Since law school, I vaguely thought it would be good to defend socially vulnerable people or those who are reluctant to be defended but need legal assistance. Compared to public interest lawyers, the public defender position offers more stable income, so I hoped to become one. After passing the bar exam in 2017, I applied almost every year from 2018 and was finally accepted in 2020.

Q. When do you feel the most rewarding moments as a public defender exclusively?

[Son Young-hyun] Regardless of the sentencing result, I feel most rewarded when the defendant says they have no regrets. I believe a public defender's role is not about guilt or innocence but helping defendants express their grievances in legal terms in court. Most say the most unfair thing was that investigative agencies did not consider their claims of innocence. So, even if they are found guilty, when defendants say they feel relieved, I feel our criminal justice system is working properly.

[Choi Un-hee] When communication with defendants goes well. Having defended over 4,000 criminal cases and met more than 4,000 defendants, I have been able to hear about their life stories. I tried to build trust during consultations and handled cases with strong responsibility, receiving hundreds of letters of gratitude from them. Although I have been selected as an 'Outstanding Public Defender' by the court and received several commendations,

[Nam Deok-hee] I find more fulfillment when clients or their families sincerely express gratitude rather than focusing on outcomes like acquittal, probation, or sentence reduction. Of course, I care about winning cases and do my best, but I am especially concerned about defendants with intellectual disabilities. Most of them and their families are financially unable to hire lawyers. They seem to think, 'There is no one else to trust but this person,' and fully rely on me. That makes me think, 'I must do everything I can.' I find fulfillment in that process, and it gives me the greatest strength while working. Also, defendants who have been marginalized in family and society and struggled with conflicts with others often appreciate a warm word from their lawyer. That makes me feel even more responsible.

Q. When do you feel tired and exhausted while working as a public defender?

[Choi Un-hee] I feel very tired and exhausted when communication with defendants fails. Sometimes defendants with mental issues or extreme sensitivity, or rude defendants, treat public defenders like their secretaries or service workers. If I explain something different from their thoughts, they get angry, refuse to change their claims, and think I am unfriendly if I do not agree with them. At those times, I feel like I am an emotional laborer rather than a legal expert, which is exhausting.

[Son Young-hyun] I feel most tired when I see shortcomings in investigations or prosecution processes. For example, I handled a case where the defendant was innocent but had to prove identity theft for three years because the investigative agency neglected to verify ID during suspect questioning. Another case involved a defendant with intellectual disabilities who was denied proper legal assistance simply because they could not present a registration card. I felt powerless against the law in these cases. I filed a complaint with the National Human Rights Commission and received a recommendation decision. Also, in a case of a 12-year-old girl raped, the victim's mother was a co-conspirator, but the investigative agency did not attempt to protect the victim beyond maintaining the prosecution.

Q. I heard that the book A Psychiatrist Goes to Court by former National Forensic Hospital specialist Cha Seung-min recently became a hot topic among public defenders. It seems lawyers have many concerns about how to deal with mentally unstable defendants.

[Choi Un-hee] Among defendants with mental illnesses, many believe hallucinations, auditory hallucinations, or delusions of persecution to be true, making rational, fact-based consultations difficult. Legal discussions are not easy because rational dialogue about legal matters is not possible.

Also, to build rapport with defendants, I often have to listen to their stories and respond affirmatively, but spending so much time listening leaves little time for other tasks. When I shift the topic to legal matters, the client often complains, "Why are you talking about something else? You are unfriendly," and loses trust. Ideally, I would listen to the client's story initially and naturally transition to legal topics, but it takes too much time, so I always worry about this.

[Son Young-hyun] Sometimes, lawyers are endangered by defendants with strong aggression. In psychiatric care, when consulting dangerous patients, doctors never enter the consultation room alone; other medical staff always stand by the door for safety. We want to do the same, but due to the nature of our work, lawyers must have one-on-one conversations with clients, which is challenging. When situations become seriously concerning, I sometimes ask another lawyer to stand by during consultations.

[Choi Un-hee] That is why there is an emergency help bell button on the desk in our office consultation room (see photo below). Pressing the bell triggers a warning sound throughout the office so colleagues know there is an emergency in the consultation room. Other than that, there is no effective way to prevent physical violence or threats from defendants. Since I represent criminal defendants, it is difficult to report to the police. Ultimately, lawyers must be cautious themselves. Even if threatened, I endure with the mindset of 'I will handle this myself.' If I submit a resignation application, the case will eventually be assigned to another public defender colleague.

Emergency help bell button attached to the consultation room table in the office of court-appointed public defenders at the Seoul High Court and Seoul Central District Court.
[Photo by Hong Yoonji, Legal News]

Q. Have you ever defended heinous criminals who are socially condemned? If so, were there difficulties in defending them? Also, recently, defense attorneys for heinous criminals have faced social criticism. What do you think about this?

[Son Young-hyun] Recently, I served as a public defender for one of the defendants in the 'Gangnam Contract Killing Case.' There was little media coverage of the trial process, so I did not experience critical reports or comments about being the defense attorney for that case. A public defender who handled the appeal trial of the 'Jeong-in case' was in a neighboring office, and that lawyer did not seem to suffer from criticism either. At least for public defenders, criticism is less compared to private defense attorneys, considering constitutional rights. However, I critically view the social criticism faced by private defense attorneys defending heinous criminals. If the perception that 'heinous criminals should not contest guilt or innocence' or 'should not receive legal assistance' accumulates, it could threaten the criminal justice system itself. The more heinous the crime, the more carefully we must examine whether there were shortcomings or errors in the investigation. I believe this acts as a social insurance to prevent unfair treatment by investigative agencies.

[Choi Un-hee] A few years ago, I defended a child abuse case reported in the media, but there were circumstances of the defendant not reported. Finding such mitigating factors and presenting them to the court to ensure the defendant receives a punishment commensurate with their crime is the role of a defense attorney. Although there is strong resentment against leniency for heinous criminals, defendants should not receive harsher punishment than warranted. Even heinous criminals must have their rights to legal assistance and all criminal procedures respected to ensure the legitimacy of the verdict when due process is followed.

[Nam Deok-hee] Since the Seoul High Court handles criminal appeals, I often encounter serious cases reported in the media. However, in severe cases, evidence is usually clear, and defendants often admit charges early and only seek leniency, so there is no particular difficulty in defense. Sometimes, victims or groups attend court to petition for severe punishment, and I worry that defending the defendant might hurt those people. Objectively, social outrage is understandable based on the facts. However, considering the defendant's background, no one can simply point fingers. The role of a public defender is to faithfully assist the defendant's right to a trial according to constitutional and legal procedures. Avoiding or neglecting cases of socially condemned people would betray the state's duty and waste taxpayers' money.

Q. The monthly salary of public defenders exclusively is 6 to 8 million won before tax, unchanged since 2005. With rising inflation, minimum wage, and increasing workload, there are criticisms that the salary is out of touch with reality.

[Choi Un-hee] I believe salary adjustment is absolutely necessary. Except for a 100,000 won increase in office operating expenses from 500,000 to 600,000 won paid by the court, the salary has been the same for 16 years. Although 8 million won per month may seem high, it is a misunderstanding. The lawyer does not take all of this money. Office management costs, staff salaries and insurance, copy fees, transportation costs for meeting defendants, and office supplies are all paid from the lawyer's salary. These expenses total about 1.8 to 2 million won. Staff salaries have more than doubled and inflation has risen significantly over 16 years, so in effect, wages have been cut. Especially, public defenders are classified as freelancers and have no severance pay, so salary adjustment is even more urgent.

[Son Young-hyun] It is very unfortunate. Each public defender receives 25 to 30 new cases monthly. Considering case accumulation, each lawyer handles 60 to 100 cases. Simple calculation shows the fee per case is about 100,000 to 200,000 won. Although the court supports 600,000 won for office rent and operating expenses, the fee per case is still lower than general public defenders (50 to 60 million won per case). Also, general public defenders can request up to triple fees depending on case circumstances, but public defenders exclusively cannot. Since public defenders handle cases that most other lawyers avoid or cannot handle alongside their private practice, their fees are significantly lower. It is increasingly difficult for capable and passionate lawyers to continue working.

[Nam Deok-hee] I did not start as a public defender expecting high pay. Given the nature of the work, even if pay increases, it would be hard to endure without a sense of mission. However, regarding pay, there are 10 public defenders at the Seoul High Court, and 3 to 4 resigned last year due to workload. We need improvements such as hiring more staff, reducing assigned cases, or raising wages.

Q. Do you think the public defender exclusive system needs expansion?

[Son Young-hyun] Recently, in the Choi Yoon-jong case, the nonstop public defender (handling from detention warrant review and investigation to first trial) was replaced due to issues with defense attitude. The case is now handled by a public defender in the next office. Although fees for general and nonstop public defenders have increased somewhat, it remains difficult to handle these cases alongside private cases. In private cases, lawyers allocate time based on fees, so expecting more focus on public defender cases than high-paying private cases is unrealistic. Especially for serious crimes like Choi Yoon-jong's, which involve many disputes and long trial periods, this is unavoidable.

Therefore, I believe only lawyers dedicated to handling such heinous or indigent defendants can focus intensively on these cases. Some say the public defender exclusive system distorts the lawyer market, but most cases we handle are those other lawyers avoid or cannot take. Many cases are assigned to public defenders after passing through several general public defenders. We also approach cases with the mindset that 'we are the last line of defense.'

Thus, I think the number of public defenders exclusively should increase. However, appropriate allocation between cases requiring exclusive public defenders and those manageable by general public defenders should be maintained to avoid suspicion of market distortion.

[Choi Un-hee] I think expanding the public defender exclusive system is desirable. Private lawyers have time constraints when handling public cases and must prioritize their private cases. Public defenders exclusively handle only public cases, so they can focus regardless of case importance, which benefits the public.

Hong Yoon-ji, The Law Times Reporter

※This article is based on content supplied by Law Times.