Korean Bar Association Actively Supports Incorporating "Lawyer Evaluations" into Judicial Personnel Decisions

Democratic Party’s Judicial Reform Committee Seeks to Reflect Lawyers’ “Judge Evaluations” in Personnel Decisions
Supreme Court: "Difficult to Ensure Objectivity and Fairness"
Bar Association: "Proven System in Operation for Over Ten Years"

Kim Jungwook, President of the Korean Bar Association, is being interviewed by The Asia Business Daily at the Bar Association office in Seocho-gu, Seoul. Photo by Jo Yongjun

The Korean Bar Association (President Kim Jungwook) has announced its support for the partial amendment to the Court Organization Act, which would incorporate the results of lawyer evaluations of judges into judicial personnel assessments.

On the 30th, the association stated, "The proposed partial amendment to the Court Organization Act, which would officially reflect the Bar Association's evaluation of judges in the assessment of judicial qualifications, will serve as an opportunity to dramatically enhance the transparency and objectivity of judicial personnel decisions."

Previously, the Special Committee on Judicial Reform of the Democratic Party of Korea had announced plans to reflect lawyer evaluations of judges in personnel decisions. However, the Supreme Court has expressed concerns, stating that incorporating lawyers' evaluations into personnel assessments would undermine objectivity and fairness.

Addressing these concerns, the Bar Association countered, "Lawyers are not direct parties to trials, but as experts who observe the proceedings of numerous judges in court, they are uniquely positioned to provide informed assessments. Unlike direct parties, who may only encounter a small number of judges in their lifetime, lawyers interact with many judges and can objectively evaluate not only the outcome of individual cases but also judges' conduct during trials, their understanding of legal principles, and the fairness of procedural management."

The association further explained, "There is no possibility for individual lawyers' personal interests or emotions to influence the Bar Association's evaluation of judges. Surveys are conducted under real names among lawyers in each region, and the Bar Association compiles the results comprehensively as a post-litigation assessment."

Additionally, the association emphasized that the judge evaluation system has been a proven mechanism in operation for over ten years, and any lack of opportunity for judges to provide explanations can be addressed within the personnel evaluation process.

The Bar Association stated, "Since the system was introduced in 2008, the association and local bar associations have continuously improved the evaluation methods and criteria. The evaluation already includes comprehensive factors such as judges' conduct during trials, communication skills, understanding of legal principles, and fairness, all of which are essential for assessing judicial qualifications. Even if the Bar Association's evaluation results are reflected in personnel assessments, the final decision will be made through a comprehensive review by the Judicial Personnel Committee, and procedures can be established to allow judges who receive negative evaluations the opportunity to provide explanations."

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