"Lawyer Groups Should Not Neglect Public Interest Duties While Focusing Solely on Protecting Their Profession"

Published 05 Feb.2024 18:19(KST)

May 25, 2009. The 18th National Assembly of the Republic of Korea introduced Asia's first Refugee Act. It defined the concept of refugees and stipulated procedures for refugee recognition, social treatment of asylum seekers and recognized refugees, and regulations on the detention of refugees in accordance with international human rights conventions. The Refugee Act, passed by the National Assembly in December 2011, came into effect in July 2013.

[Photo by Beopryul Newspaper]

The enactment of the Refugee Act is regarded as a model case where bar associations actively participated in legislating laws to protect minority rights. The law's establishment was largely due to the efforts of lawyers who assisted refugees and the bar associations that supported these lawyers. After years of discussion, lawyers drafted the Refugee Act, and the Seoul Bar Association petitioned for legislation. At that time, Hwang Woo-yeo (77, 10th Judicial Examination), a member of the then Grand National Party, introduced the bill titled "Act on the Status and Treatment of Refugees" as the principal sponsor. The Korean Bar Association continuously urged the National Assembly to enact the law through statements and forums.

There are calls for "second and third cases of Refugee Act enactment" to emerge. To achieve this, it is argued that the Korean Bar Association and local bar associations, which operate on lawyers' membership fees and represent lawyers, must faithfully serve as a 'platform' for public interest law activities. They should connect citizens in need of legal assistance with lawyers and provide comprehensive support to lawyers engaged in public interest activities.

'Public Interest Activity Obligation' Stipulated in the Attorney-at-Law Act, Enacted to Enhance Trust in the Legal Profession

Article 27 of the Attorney-at-Law Act stipulates that lawyers must engage in a certain number of hours of public interest activities annually, and the Korean Bar Association is responsible for defining the scope and implementation methods of these activities.

Implemented in July 2000, this regulation clearly demonstrates why bar associations must be central to public interest activities. At that time, the Kim Dae-jung administration attempted to transform the Korean Bar Association from a statutory organization into a voluntary one under the pretext of regulatory reform. The obligation for public interest activities was introduced to prevent this and to enhance public trust in the legal profession. The late Kim Chang-guk (passed the bar exam 13th), then president of the Bar Association who led the legalization of lawyers' public interest activities, argued, "If the Bar Association loses its status as a statutory organization, it will lose autonomy, and lawyers' public interest activities will become impossible."

Since then, bar associations have strived to restore public trust in lawyers, which had declined due to various legal scandals in places like Uijeongbu and Daejeon, through mandatory public interest activities. Even after the enactment of the Refugee Act, the Korean Bar Association has actively provided legal support for refugees and migrants. It has established a Refugee and Migrant Foreigners Special Committee under the association, conducting △ investigations into the detention conditions of asylum seekers △ legal support training for refugees △ inspections of immigration control facilities. The Seoul Bar Association connects public interest organizations needing legal support with lawyers through its 'Pro Bono Support Center' and supports public interest and human rights research activities.

Local bar associations also support members' activities through their human rights committees. The Ulsan Bar Association, with about 220 active members, focuses on advocating for the rights of children, adolescents, and persons with disabilities through its Human Rights Committee and Public Interest Legal Support Group, composed of 16 lawyers. It also allocates about 10% of its annual budget (40 to 50 million KRW) to public interest activities.

Public Interest Activity Budgets Account for Only 1-2% of Total

There are calls for the Korean Bar Association and the Seoul Bar Association, the largest in terms of personnel and finances, to take a more active role in public interest activities.

The Seoul Bar Association, the largest local bar association with 22,000 practicing members, has an annual total budget of 25 to 26 billion KRW. Of this, the budget allocated for human rights projects was △ 260 million KRW in 2021 △ 230 million KRW each year from 2022 to 2024, about 1% of the total budget. In 2023, only 99 million KRW of this was actually spent. The Seoul Bar Association had been running a program selecting two public interest lawyers annually to support part of their fees for activities in non-profit organizations (NGOs), but this program has been suspended since last year. The Korean Bar Association allocated 400 million KRW (2.8% of its total 13.8 billion KRW budget in 2022) for human rights projects and spent 300 million KRW.

Kim Hyun (68, Judicial Research and Training Institute class 17), former president of the 49th Korean Bar Association, pointed out, "Currently, bar associations are focused on protecting lawyers' professional interests and expanding their work areas, but if they neglect social contribution and only pursue professional interests, it will be difficult to gain public trust and support." He emphasized, "Even if individual lawyers are busy with their livelihoods and find it hard to devote themselves to public interest activities, bar associations must lead by example."

There are also opinions that the policy direction for public interest and human rights advocacy activities changes with each administration elected every two years, which needs improvement. This is seen as a structural factor hindering the continuity of members' activities.