​Canon of Ethics

1. Attorneys have a mission to advocate for basic human rights and realize social justice.

2. Attorneys perform duties in a faithful and impartial manner and preserve honor and dignity.

3. Attorneys serve the nation and society by committing to make the law a way of life.

4. Attorneys contribute to enhancing the legal culture based on courage, foresight and creativity.

5. Attorneys endeavor to establish basic democratic orders and condemn corruption and injustice.

6. Attorneys respect friendship and loyalty and demonstrate the spirit of mutual cooperation and collaboration.

7. Attorneys contribute to world peace by cultivating friendship among global legal communities.

Ethics Rules

Chapter 1. GENERAL CODES OF ETHICS

Article 1  [Mission]

(1)  Attorneys shall protect and improve human freedom and rights and strive to realize justice through the law.

(2) Attorneys shall serve the public interest and strive to democratically improve laws, regulations and legal systems.

Article 2   [Basic Ethics]

(1)  Attorneys shall perform their duties impartially, faithfully and independently.

(2)  Attorneys may not distort the truth or give false statements in carrying out their duties.

(3)  Attorneys shall respect and be courteous to other attorneys.

(4)  Attorneys shall seek to explore necessary knowledge as legal professionals and strive to improve their ethics and be further cultured.

Chapter 2. CODE OF ETHICS ON DUTY

Article 3 [Compliance with Bylaws] Attorneys shall comply with laws and regulations, as well as bylaws, rules and provisions, etc. established by the Korean Bar Association and local associations with which the attorney is affiliated, and shall actively participate in the associations’ formation and activities.

Article 4   [Public Interest Work]

(1)  Attorneys shall act on and engage in activities for the public interest.

(2) Attorneys shall—when they are assigned duties concerning public interest, such as public defense work—impartially and faithfully perform their duties and may not take any inappropriate compensation from interested persons, etc.

Article 5  [Duty to Maintain Dignity] Attorneys shall maintain their dignity and refrain from engaging in any activity that damages their honor.

Article 6  [Restrictions on Holding Concurrent Offices]

(1) Attorneys may not concurrently hold office as remunerated public officials; provided, however, that this restriction does not apply to cases where doing so is permitted by laws or performing services commissioned by a public agency.

(2)  Attorneys may not operate any commercial or otherwise for-profit business, become an employee of a person who operates such a business or become a general partner, director or employee of a for-profit corporation without obtaining permission from a local bar association with which the attorney is affiliated.

(3)  The provisions under Paragraphs 1 and 2 do not apply to attorneys whose practice is in the state of shutdown.

Article 7 [Prohibition on Double Offices] Attorneys may not operate two or more law offices for any nominal purposes whatsoever. But if there is an unavoidable reason, such as lack of office space, and the attorney presides over a separate office that is placed in a nearby location as determined by the Korean Bar Association, the separate office is deemed to be a single office with the main law office.

Article 8 [Office Workers]

(1)  Attorneys may not hire an office worker whose sole duty is to solicit a case.

(2)  Attorneys may not provide considerations to an office worker for soliciting a case.

(3)  Attorneys may not inappropriately compete with another attorney or engage in an act that is against good faith in hiring an office worker.

(4) Attorneys shall direct and supervise office workers so that they will perform their duties faithfully and in compliance with laws and regulations, as well as bylaws, rules and provisions, etc. established by the Korean Bar Association and local associations with which the attorney is affiliated.

Article 9 [Prohibition on Inappropriate Solicitation of Cases]

(1)  Attorneys may not obtain a referral of a case from a person whose business is to broker cases, use such persons, or engage in any act that allows such persons to use the attorney’s name in any way whatsoever.

(2) Attorneys may not, under any circumstances whatsoever, provide money, valuables or any other similar benefits for referral, brokerage or attraction of a case.

Article 10 [Prohibition on Slander]

(1)  Attorneys may not entice or slander the opposing party or the opposing party’s attorney.

(2)  Attorneys may not intervene in cases they have not accepted and shall refrain from careless criticism against such cases.

Article 11 [Prohibition on Cooperation in Illegal Activities]

(1) Attorneys may not aid in their clients’ criminal acts or participate in any other illegal activities. While performing duties, if an attorney determines that his or her client’s conduct amounts to criminal activity or any other illegal activity, the attorney shall immediately suspend aiding the client.

(2)  Attorneys may not instigate people into filing a frivolous accusation, complaint or petition.

(3) Attorneys may not instigate committing perjury or providing false evidence or engaging in an act that may give rise to suspicion of as such.

Article 12 [Protection of Personal Information] Attorneys shall take caution in protecting personal information in performing their duties.

Chapter 3. CODE OF ETHICS FOR CLIENTS

Section 1. General Rules

Article 13 [Duty of Good Faith]

(1)  Attorneys shall always be kind and sincere to their clients.

(2) Attorneys shall—in performing their duties—endeavor to achieve their client's goals for retaining attorneys as swiftly as possible within the bounds of professional ethics.

Article 14 [Prohibition on Exchange of Money] Attorneys may not misuse their position to engage in monetary transactions with their clients, such as lending money, being a guarantor or providing security.

Article 15 [Prohibition on Withdrawal of Litigation without Consent] Attorneys may not engage in any act of litigation that concludes a lawsuit, such as withdrawing the lawsuit, settling or mediating, without specific authorization by the client.

Article 16 [Declining Engagement, Etc.]

(1) Attorneys may not decline to be engaged in a case for the sole reason that the client or the content of the commissioned case is subject to criticism from the general public.

(2) Attorneys may not decline to be engaged in a case for the sole reason that the client is elderly, disabled, poor, helpless, a foreigner, a minority, or otherwise socially underprivileged.

(3) If an attorney is assigned to a case as a public defender, state-appointed attorney, on-call attorney, etc., or is otherwise appointed for other duties by a national agency, including courts, the Korean Bar Association or the local bar association with which the attorney is affiliated, the attorney shall promptly and faithfully handle the matter and may not treat the matter differently from other general cases. If there is a justifiable reason, such as a conflict of interest between the assigned case or the commissioned duty and a case in which the attorney is already engaged, the attorney shall notify the reasons to the appointing institution and decline the assignment.

Article 17 [Public Defender, Etc.]

(1) Public defenders or attorneys assigned by a national agency pursuant to applicable laws and regulations may not inappropriately negotiate to convert the case into a private case.

(2)  If a client requests his or her public defender to be his or her private defense attorney, the attorney shall submit a separate delegation of litigation form, the appointment of attorney form, etc.

Article 18 [Confidentiality and Protection of Rights and Interests of Clients]

(1)  Attorneys may not misuse or externally disclose their clients’ secrets that they learned as a part of their duties.

(2) Attorneys may not externally disclose any information exchanged with their clients or document or object provided by clients in relation to their duties.

(3) Attorneys may not externally disclose any written document, memo or similar materials prepared as a part of their duties.

(4) In the case of Paragraphs 1 to 3, if there is a material reason in terms of public interest or consent of the client, or if it is necessary to protect the attorney’s own rights, the attorney may disclose or use the above to the minimum extent necessary.

Section 2. Acceptance and Handling of Cases

Article 19  [Relationship with Potential Clients]

(1) Attorneys may not contact a potential client by a method that contradicts attorneys’ honor and dignity or inappropriately instigate lawsuits.

(2) Attorneys shall take caution so that their office workers or a third party does not engage in the act under Paragraph 1 for the purpose of attracting a case.

Article 20 [Explanation upon Accepting Cases, Etc.]

(1) Attorneys shall explain—based on the information provided by the client—the overall expected processes of the case, legal fees and expenses and other necessary matters so that the client may decide whether to engage the attorney.

(2) Attorneys may not explain or guarantee that a client has a high likelihood of achieving his or her expected results when there is a low or diminutive possibility to achieve the same.

(3) Attorneys shall inform the client in advance when they have a special relationship with the adverse party or any representative of the adverse party, such as being a relative to such persons.

(4) Attorneys may not advertise as if they can influence the outcome by revealing a private relationship with a public official who works in trials or investigations in order to be hired as the client’s attorney.

Article 21 [Prohibition on Accepting Unjust Cases] Attorneys may not accept any case in which the purpose of engagement or method of handling the case is substantially unjust.  

Article 22 [Restriction on Accepting Cases]

(1) Attorneys may not accept any case that falls under any of the following Subparagraphs; provided, however, that for Subparagraph 3, if the client of the case to which the attorney is already engaged gives consent; for Subparagraph 4, if the client consents; or for Subparagraphs 5 and 6, if all relevant clients consent and there is a reasonable ground that clients’ interest will not be infringed, the above restriction may not apply. (revised on February 27, 2017)

  1. Cases in which the attorney handled while performing his or her duties as a former public official, mediator, arbitrator, etc., or came to handle, or cases in which the attorney was involved in preparing an official certificate

  2. If the attorney is representing an adverse party in the same case

  3. If the case is commissioned by an adverse party of a case in which the attorney is engaged in

  4. If the attorney is a relative to the adverse party or a representative of the adverse party

  5. If, in the same case, there is a conflict of interest between two or more clients

  6. If the case is in a conflict of interest relationship with a case in which the attorney is engaged

(2) Attorneys, even if a commissioned matter is concluded with their former client, may not accept a case from a party who is adversarial to their former client in a case where the substance of the dispute that gave rise to the earlier case is the same. (revised on February 29, 2016)

(3) If attorneys had a consultation with an adverse party of their client for engagement of a case but the consultation did not lead to an engagement in the case, or if there is a situation that is similar to the above and it is reasonably deemed that the interest of the adverse party is not infringed, the consultation, etc. may not be the ground for restricting the engagement.

Article 23 [Submission of Delegation of Litigation Forms and Relating Local Bar Associations]

(1) When an attorney accepts a matter, the attorney shall submit a delegation of litigation form, the appointment of attorney form, etc., to the relevant institution. Attorneys may not engage in any advocacy activities regardless of the means, including phone calls, written documents and visits, without submitting the above forms.

(2) When an attorney submits a delegation of litigation form, the appointment of attorney form, etc. in connection with a legal case of legal advisory service to a public agency, the attorney shall first relate this to his or her local bar association; provided, however, that if there is an urgent circumstance that prevents the attorney from relating it to the local bar association, the attorney shall supplement the process of relating the matter to the local bar association without delay afterward.

Article 24 [Acceptance of Money, Etc.] Attorneys shall clearly record any giving and receiving of money, including advance payment and security deposit, evidentiary documents, etc. and shall take caution to prevent disputes arising from the same.

Article 25 [Participation of Other Attorneys]

(1) Attorneys may not hinder their clients from engaging another attorney for the case concerned.

(2) If a client intends to change his or her attorney, the attorney shall cooperate with the client so that the transfer and acceptance of the duties can smoothly proceed within a reasonable scope.

Article 26 [Joint Performance of Duties]

(1) If attorneys jointly perform duties for the same client, the attorneys shall mutually cooperate for the interest of the client.

(2) In the event that there is a disagreement between attorneys jointly performing duties and the disagreement may potentially disadvantage the client, the attorneys shall notify the client without delay.

Article 27 [Conflict of Interest between Clients]  After an attorney accepts engagement, if two or more clients that the attorney represents have a conflict of interest, the attorney shall notify the clients and seek an appropriate measure.

Article 28 [Discussion of Handling of Cases]

(1) Attorneys shall inform their clients of the key progress of the matter; if necessary, clients shall handle the matter based on discussion with their clients.

(2) If an attorney believes that his or her client’s request or demand damages the attorney’s dignity or goes against the client’s interest, the attorney may explain the reasons and may not follow the request or demand.

Article 29 [Conclusion of Cases] If a case in which an attorney is engaged is concluded, the attorney shall promptly notify the client of the outcome.

Article 30 [Dispute Mediation] If a dispute arises between an attorney and his or her client concerning duties, the attorney shall strive to mediate the dispute through the local bar association with which the attorney is affiliated.

Section 3. Remuneration

Article 31 [Principles]

(1)  Attorneys may not set an unjustifiably excessive fee in light of the duties’ public nature and expertise.

(2)  Attorney fees shall be reasonably determined by considering the overall circumstances, such as the degree of difficulty of the case, the amount of effort and time required, the experience and skills of the attorney, and the degree of benefits to be provided to the client.

(3) Attorneys shall maintain the soundness of the legal market by refraining from excessively low-price competition that disrupts the sound order of legal engagement. (newly established on May 31, 2021).

(4) Attorneys may not cooperate with electronic media-based sales activities, such as applications, that introduce attorneys or legal services by participating in such activities or subscribing as members. (newly established on May 31, 2021).

Article 32 [Written Contract] When attorneys accept a case, they shall clearly determine and agree on the scope of the case to accept for engagement, fees, method of fee payment, expenses that are not included in the fees, etc., and shall strive to enter into an engagement contract in writing if possible; provided, however, that this may not be the case for simple legal consultation, preparation of documents or if there are reasonable grounds otherwise.

Article 33 [Additional Fees]

(1) Attorneys may not demand additional fees without justifiable reasons.

(2) Attorneys may not convert court deposits, security deposits or any other escrow funds into legal fees without express agreement in writing; provided, however, that attorneys may set off their claims for unpaid fees with the client’s court deposit, etc. that is to be returned to the client.

(3) Attorneys may not set a fee for the purpose of providing benefits to a public official in charge and may not demand any money or valuables in relation to the same purpose.

Article 34​  [Prohibition on Fee Sharing]

(1) Attorneys may not accept a case with a person who is not an attorney as a joint business or share fees with such a person.

(2) Attorneys may not become an assignee to the subject matter of a lawsuit or agree to any sharing of profit other than justifiable fees.

Chapter 4. CODE OF ETHICS on Courts, Investigative institution, Government Agencies and Third Parties, Etc.

Section 1. Ethics on Courts, Investigative institution, Etc.

Article 35 [Respect of Judicial Power and Realization of Due Process of Law] Attorneys shall respect judicial power and endeavor for impartial trials and realization of due process of law.

Article 36  [Duty of Candor during Trial]

(1) Attorneys may not intentionally assert a false claim or submit false evidence during a trial.

(2) Attorneys may not incite or lead a witness to make false testimony.

Article 37 [Expediting Litigation] Attorneys shall comply with dates and deadlines concerning litigation and may not engage in any act that is aimed to delay the litigation proceedings unjustifiably.

Article 38 [Prohibition on Exerting Influence] An attorney may not use personal connections or a relationship formed in the capacity of a former office he or she held to directly or indirectly influence a fair performance of duties by courts or investigative institution.

Article 39 [Prohibition on Entry for Case Solicitation] Attorneys may not enter or have their office workers enter a court, investigative agency, correctional facility, hospital, etc., for the purpose of soliciting cases.

Article 40 [Prohibition on Brokerage of Cases from Public Officials] Attorneys may not accept cases brokered by a public official of a court, investigative agency, etc. when the cases belong to such an agency.

Section 2. Ethics on Government Agencies

Article 41 [Prohibition on Use of Confidential Information] Attorneys may not use any confidential information of a government agency that they became aware of while working on public duties to handle their duties.

Article 42 [Restrictions on Acceptance of Cases while Holding Concurrent Offices] An attorney may not accept cases of a government agency concerned where he or she is holding a concurrent office if there is a possibility of impairing fairness.

Section 3. Ethics on Third parties

Article 43 [Prohibition on Accepting Inappropriate Profits] Attorneys may not accept, demand or obtain commitment to receive profits that are related to a case from an adverse party of the case or a person who was a previous adverse party of the case.  

Article 44 [Prohibition on Providing Inappropriate Profits] Attorneys may not provide or promise to provide profits in connection with a case to an adverse party of the case or a person who was a previous adverse party of the case.

Article 45 [Prohibition on Direct Negotiation with Represented Adverse Parties] If an adverse party of a case to which the attorney is engaged and if the adverse party has an attorney or legal representative, the attorney may not directly contact or negotiate with the adverse party absent consent from the attorney or legal representative or reasonable grounds otherwise.  

Chapter 5. Forms of Operation

Section 1. Law Firms, Etc.

Article 46 [Duty of Good Faith]

(1) Partners and associates of an incorporated law firm, incorporated law firm (limited liability) and legal association under the Attorney-at-Law Act, and legal general partnership and notary office and joint legal office (“Law Firms, Etc.”) stipulated under the bylaws of the Korean Bar Association shall comply with the rules under this Section.

(2) Partners shall endeavor to have associates comply with the rules under this Section in relation to the performance of duties as attorneys.

(3) Attorneys shall—even when performing duties under the direction of another attorney—comply with the rules under this Section.

(4) If associate attorneys have a different opinion as to whether their performance of duties concerned violates the rules under this Section, and if the performance is in line with a reasonable conclusion rendered by their partner attorney, they shall be deemed to have complied with the rules under this Section.

Article 47 [Duty of Confidentiality] Partners and associates of the Law Firms, Etc. may not—unless there are reasonable grounds—divulge or use if they became aware of matters to which another attorney is under the duty of professional confidentiality in relation to clients. This shall apply the same after attorneys resign from the Law Firms, Etc. concerned.

Article 48 [Restriction on Acceptance of Engagement]

(1) The provisions under Articles 22 and 42 shall apply mutatis mutandis to Law Firms, Etc. in accepting case engagement; provided, however, that this may not be the case if Paragraph 2 stipulates otherwise.

(2) If only a certain attorney has the reasons that fall under Article 22, Paragraph 1, Subparagraph 4 or Article 42 in the Law Firms, Etc., if the attorney concerned is not involved in the engagement of the case and performance of duties, and if there are reasonable grounds to conclude that such reasons will not affect the case handling of the Law Firms, Etc., engagement of the case may not be restricted.

(3) Law Firms, Etc., in the case under Paragraph 2, shall take reasonable measures so that confidential information is not shared between attorneys who handle the case and attorneys whose engagement is restricted.

Article 49 [Management of Engagement Information] Law Firms, Etc. shall manage information concerning information related to the case engagement, such as clients, adverse parties, names of the cases, etc., so that they will not be engaged in a matter to which engagement is restricted and shall take appropriate measures within a reasonable scope so that associates may share information on engagement.

Article 50  [Prohibition on Use of the Same or Similar Name]  An attorney’s law office that is not an incorporated law firm, incorporated law firm (limited liability) or legal association that is established under the Attorney-at-Law Act may not use the same or similar name for the law office.

Section 2. Miscellaneous

Article 51 [Independence of In-house Counsel] Attorneys who work for a government, public agencies, non-profit organizations, corporations, other organizations or groups, etc. (provided, however, that this shall exclude Law Firms, Etc.; hereinafter, “Groups, Etc.”) as an officer or employee and in legal work, etc. (hereinafter, “In-house Counsel”) shall remember that maintaining independence in implementing their duties is the fundamental code of ethics that they shall comply with as attorneys and shall faithfully perform their duties according to their professional conscience and professional judgment.

Article 52 [Duty of Loyalty of In-house Counsel] In-house counsel shall faithfully perform his or her duties for the benefit of the Groups, Etc. he or she is affiliated with within the bounds of the Attorneys’ Code of Ethics.

Article 53 [Attorney as Neutral Party]

(1)Attorneys shall—when they are involved in solving a dispute between parties who are not their clients—fulfill a neutral role. The work that an attorney performs as a neutral party includes work that is performed as an arbitrator or mediator.

(2) An attorney who acts as a neutral party shall adequately explain to the parties that he or she does not represent them.

Article 54  [Attorney as Witness]

(1) An attorney may not agree to be engaged in a case where he or she must be a witness; provided, however, that this may not be the case if the matter falls under any of the following:

1. If the attorney testifies about obvious matters;

2. If the attorney testifies about the content of the work product he or she provided in connection with the case; or

3. If declining the case engagement rather disadvantages his or her client. 

(2) An attorney may not perform the duties as an attorney in a case concerned if another attorney at the Law Firms, Etc. with which the attorney is affiliated testifies and thereby infringes the client’s interest or if there is a risk of such infringement. 

ADDENDA

Article 1 [Enforcement Date] This Code of Ethics shall enter into force on July 29, 2000.

Article 2 [Transitional Measures] The former provisions shall apply the disciplinary case pending in the Disciplinary Committee in violation of the Code of Ethics at the time when this provisions enters into force.

ADDENDA (Feb. 24, 2014)

Article 1  [Enforcement Date] This Code of Ethics shall enter into force on the date of its promulgation.

Article 2 [Transitional Measures] This Code of Ethics shall apply the disciplinary case for which the trial is in progress in violation of this Code of Ethics at the time or after this Code of Ethics enters into force. Provided, That the same shall not apply the cases where the former provisions are favorable to the suspect subject to the disciplinary action.

ADDENDA (Feb. 29, 2016)

This Rules shall enter into force on the date of its promulgation.

ADDENDA (Feb. 27, 2017)

This Code of Ethics shall enter into force on the date of its promulgation.

ADDENDA (May. 31, 2021)

This Code of Ethics shall enter into force on the date of its promulgation.