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KBA News
| Author | 국제팀 | Hit | 234 | Date | 2024-09-03 오전 10:12:00 |
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| Subject | Resolution on the Occasion of the 32nd Lawyers' Conference for the Rule of Law |
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The Korean Bar Association (KBA) has consistently worked to protect the fundamental rights of the public, establish the rule of law, and maintain and develop the attorney system. Recently, an incident occurred in which an attorney was summoned and subjected to intensive questioning by investigative agencies merely for providing legal advice, which is the core function of an attorney. Cases in which attorneys are investigated or their offices are searched simply because they performed their duties illustrate a regression of the rule of law. The KBA has long anticipated such situations and has strongly advocated for the introduction of "Attorney-Client Privilege." The introduction of the "Attorney-Client Privilege" is essential to ensure the constitutional right of the people to receive assistance from their counsel. The KBA urges the National Assembly to promptly introduce this privilege through swift legislation. Attorneys carry out their duties under the mission of defending basic human rights and realizing social justice. The public nature of the legal profession forms the foundation of the attorney system and the rule of law. However, there have been ongoing attempts by professionals from adjacent legal fields, whose roles are confined to auxiliary functions in limited areas of legal services, and by legal tech companies to encroach upon the domain of the legal profession through legislation and other means. The KBA will firmly oppose any attempts to undermine the legal profession's public role. In the rapidly changing environment, including recent adjustments to the investigative powers of prosecutors and police, there have been numerous allegations of unfair investigations. While the KBA opposes any attempt to politically pressure investigative agencies based solely on suspicion, it also calls upon these agencies to demonstrate that all are equal before the law through independent and impartial investigations. The KBA will actively fulfill its role in monitoring misconduct by investigative agencies and encouraging fair investigations. The KBA has achieved significant results in enhancing the role of Korean law and lawyers in the international legal community. This includes expanding opportunities for young lawyers to work abroad, promoting the export of the public legal platform “My Lawyer,” and successfully bidding to host the 2026 LAWASIA Annual Conference in Seoul through cooperation with national institutions like the Ministry of Justice and the Ministry of Foreign Affairs, as well as foreign bar associations. The KBA takes pride in these achievements and will continue to lead in the international legal community. The current legal market is experiencing new changes with the introduction of legal AI. While some anticipate positive effects from the use of legal AI, it is clear that if the risks and negative consequences inherent in legal AI are not monitored and checked, the harm will ultimately fall upon the public. The KBA will play a leading role in the adoption and use of legal AI in the legal market, while simultaneously monitoring and controlling its use. The KBA also announces that it is progressing with the long-awaited construction of an independent association building to elevate the pride and status of attorneys. This building will strengthen the association's cooperative relationships with related organizations and enable the KBA to more effectively address the various challenges it faces. To achieve these tasks, the KBA, after gathering the opinions of regional bar associations, resolves as follows: Resolutions: 1. The KBA will firmly oppose any attempt to undermine the foundation of the attorney system, which protects the rule of law and the fundamental rights of the public. The government and the National Assembly should respect the value of the attorney system and cooperate in its preservation. 2. The National Assembly must swiftly legislate to introduce the "Attorney-Client Privilege" to guarantee the public's constitutional right to receive assistance from their counsel. 3. Investigative agencies should restore public trust through independent and impartial investigations of all crimes, including those involving abuse of power and corruption. 4. The Ministry of Justice and the Ministry of Foreign Affairs should actively support the KBA’s international activities, which promote the expansion of Korea's legal system abroad and the enhancement of the capabilities of Korea's exemplary judicial system. 5. The KBA will take an active and leading role in maximizing the utility of legal services through the use of legal AI in the legal market while clearly analyzing the risks and side effects inherent in legal AI to prevent them in advance. The government and the National Assembly should provide all necessary support, including budgetary support. 6. The KBA declares that it will construct an independent association building through expedited project implementation to elevate the pride and status of attorneys. August 26, 2024 |
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