Mandatory Lawyer Caution vs Reallocation of Police and Prosecutor Investigation Authority vs Inefficient Law School Consolidation

Ahead of the Seoul Bar Association presidential election on the 24th, the candidates are fiercely competing by presenting key pledges on major legal issues such as △expanding the mandatory lawyer representation principle △restoring the adjustment of investigative authority between the prosecution and police △restructuring underperforming law schools.

Candidate Park Jong-heun (59, Judicial Research and Training Institute Class 31) emphasized the need to introduce mandatory lawyer representation in civil litigation to guarantee the public’s right to a fair trial. Candidate Park Byung-cheol (50, 6th Bar Exam) proposed institutional reforms to resolve delays in investigations that have arisen since the adjustment of investigative authority between the prosecution and police. Candidate Cho Soon-yeol (53, Class 33) announced plans to improve the qualitative level of legal professional training by consolidating and revoking accreditation of underperforming law schools.

Candidate Park Jong-heun put forward the introduction of mandatory lawyer representation in appellate courts and small claims cases as a key pledge. The intention is to expand a system already in place in criminal trials and constitutional adjudications to civil litigation, thereby ensuring the public’s right to a fair trial.

In 2017, ten lawmakers including Na Kyung-won proposed an amendment to the Civil Procedure Act to require lawyers as representatives in appellate courts and to establish a civil public defender system for parties unable to afford legal representation. At that time, the 49th Korean Bar Association executive pledged to prioritize this initiative, but the bill did not pass.

Park emphasized the need for expansion, stating, “While criminal trials provide assistance through public defenders, many lose civil cases due to lack of legal support.”

Candidate Park Byung-cheol highlighted that since the 2021 adjustment of investigative authority between the prosecution and police, delays in case processing have become a serious problem, making ‘re-adjustment of investigative authority’ a major campaign pledge. Following the 2020 amendments to the Criminal Procedure Act and the Prosecutors’ Office Act, which transferred some exclusive investigative powers from the prosecution to the police, coordination between investigative agencies has been inadequate, leading to delays in case handling.

A survey conducted by the 51st Korean Bar Association in May 2022 found that 73.5% of lawyers experienced delays during the police investigation phase.

Park stated, “The ping-pong style handling of cases between the prosecution and police has caused severe investigation delays,” adding, “There is a need to revisit the adjustment of powers between the prosecution and police.”

Candidate Cho Soon-yeol proposed adjusting the number of lawyers produced by consolidating and revoking accreditation of underperforming law schools as a key pledge.

The Korean Bar Association and Seoul Bar Association have advocated for reducing the number of lawyers by expelling underperforming law schools. In 2020, the Bar Association submitted an opinion to the Ministry of Justice emphasizing the need to expel underperforming law schools and strengthen practical training, calling for enhanced academic management. The Seoul Bar Association, in 2015, pointed out poor management at some law schools and requested consolidation from the Ministry of Education. Particularly, due to the controversy over ‘special graduation privileges’ at Jeju National University Law School, former and current officials were reported to the Seoul Central District Prosecutors’ Office.

Cho stressed, “By restructuring underperforming law schools and strengthening practical training, we must improve the qualitative level of legal professionals and provide trusted legal services.”

Lee Jin-young, Legal Times Reporter

※This article was written using content provided by Legal Times.

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

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