Stalled Investigation of Candidate Han Deok-su...Potential Violation of Attorney Act

Prime Minister nominee Han Duck-soo attends the confirmation hearing held at the National Assembly on the 25th, listening to remarks related to the request for document submission by Kang Byung-won, a member of the Democratic Party of Korea. Photo by Yoon Dong-joo doso7@

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[Asia Economy Reporter Gong Byung-sun] The investigation into Han Deok-su, the nominee for Prime Minister, who is facing a deadlock in the confirmation hearing, is stagnating. Meanwhile, there are concerns that his experience working as an advisor at the major law firm Kim & Chang may constitute a violation of the Attorney-at-Law Act.

According to the Seoul Metropolitan Police Agency on the 27th, the police have not yet conducted an investigation of the accuser regarding the case filed against nominee Han. It has been nearly three weeks since the Seoul Central District Prosecutors' Office transferred the related case to the Seoul Metropolitan Police Agency on the 8th. On the 6th, the civic group Center for Monitoring Speculative Capital filed a complaint against nominee Han, former Supreme Court Chief Justice Yang Seung-tae, and Kim & Chang officials on charges including bribery under the Act on the Aggravated Punishment of Specific Crimes, obstruction of official duties by deception, acceptance of bribes after improper acts, and violation of the Improper Solicitation and Graft Act.

Nominee Han’s past experience as an advisor at Kim & Chang has become an issue since he was mentioned as a candidate for Prime Minister. According to materials submitted to the National Assembly for the confirmation hearing, Han received 2 billion KRW in advisory fees while participating in four corporate meetings during his 4 years and 4 months tenure as an advisor at Kim & Chang. Additionally, there are allegations that he influenced the acquisition of Korea Exchange Bank by the foreign private equity fund Lone Star during his advisory period.

There are opinions that nominee Han’s advisory activities at Kim & Chang could lead to a violation of the Attorney-at-Law Act. According to Article 109 of the Attorney-at-Law Act, a person who is not a lawyer must not receive money or benefits to handle legal affairs. Violations can result in imprisonment for up to seven years or a fine of up to 50 million KRW. Although Han began his public service career after passing the administrative examination, he did not hold a lawyer’s license. A legal industry official explained, "If a law firm employs a person without a lawyer’s license to receive legal advice, the firm must report them as 'office staff' to the local bar association according to the Attorney-at-Law Act. If this procedure was not followed, it would constitute a violation of the Attorney-at-Law Act."

In response, nominee Han’s side stated, "According to Kim & Chang, the firm complied with the Attorney-at-Law Act and related laws at the time of Han’s employment," and added, "During his tenure at Kim & Chang, Han did not engage in individual lawyer duties but provided general advice on the domestic economy."

Meanwhile, the verification of nominee Han is also at a standstill in the National Assembly. Members of the confirmation hearing special committee from the Democratic Party and the Justice Party refused to proceed with meetings on the 25th and 26th, citing insufficient submission of materials, resulting in a breakdown. The ruling and opposition parties have agreed to hold Han’s confirmation hearing on the 2nd and 3rd of next month.

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