No | Subject | Writer | Date | File | Hit |
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[Notice]
Ways to Search for Lawyers in Korea : "My Lawyer" & KOTRA Investment Guide
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The Korean Bar Association introduces two ways to search for lawyers in Korea for whom need legal services.1. My Lawyer : Lawyer Information CenterMy Lawyer is an initiative developed by the Korean Bar Association in collaboration with local bar associations. Our primary objective is to uphold the public essence of the legal domain and enhance public access to justice. We offer complementary services including finding a lawyer, requesting a case, requesting work. Additionally, we are actively developing advanced features to facilitate online consultation through video, voice, and chat.For more information, please find the introductory guideline in the attachment.▶ Link : https://www.klaw.or.kr/ (As English service is yet to be released, please search information in Korean)2. KOTRA Investment Guide (*Available in English)KOTRA(Korea Trade-Investment Promotion Agency) provides list of the law firms and affiliated lawyers who can provide legal service in foreign languages. You can search for law firms and lawyers by the areas of practice, available foreign languages, regions, etc.▶ Link : https://www.investkorea.org/ik-en/pgm/i-438/jcffr/front/list.do
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관리자 | 2023-09-12 | 7414 | |
80 |
[Statement]The Future of Korea Can No Longer Be Entrusted to the Current Administration and Ruling Party
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The Korean Bar Association (KBA) announces its support for the impeachment of President Yoon Suk Yeol ahead of the National Assembly's vote. This decision is based on the President’s unconstitutional declaration of extraordinary martial law, which undermined the constitutional order. President Yoon Suk Yeol’s declaration of extraordinary martial law at 11:00 PM on December 3, 2024, clearly fails to meet the constitutional requirements for such a declaration. Article 77 of the Constitution stipulates that extraordinary martial law may only be declared in cases of war, armed conflict, or a comparable national emergency, when it is necessary for military purposes or the maintenance of public security and order. Reasons such as the opposition party's budget cuts or impeachment of prosecutors do not meet these criteria. Despite this, the martial law forces surrounded the National Assembly and attempted to arrest lawmakers from the night of December 3 into the early morning of December 4. These actions constitute a flagrant violation of the Constitution and a direct attack on democracy. The KBA immediately issued a statement condemning the declaration as unconstitutional and demanded its immediate rescission. Following the lifting of martial law, the KBA expected the President Yoon to take responsibility, announce a clear timeline for his resignation, and form a national unity government. However, despite the nationwide uproar and the public’s calls for his resignation in the wake of the martial law incident, President Yoon only delivered a statement this morning, on the day of the impeachment vote. While apologizing for the declaration, he effectively shifted blame to the political sphere and declared that the government and ruling party would continue to manage state affairs. The KBA declares that the future of Korea can no longer be entrusted to the current administration and ruling party. A President who declared unconstitutional extraordinary martial law and mobilized the military should no longer exercise the duties of the presidency, nor should the current administration and ruling party, who share responsibility for this crisis, continue to govern unilaterally. To restore constitutional and rule-of-law order, it is fitting for President Yoon to be impeached in accordance with constitutional procedures. The only way to avoid impeachment is for President Yoon to announce a concrete timeline for his resignation and plans for forming a national unity government before the National Assembly’s impeachment vote at 5:00 PM. Regardless of the outcome of the impeachment vote, the KBA plans to actively engage in the process of appointing a special prosecutor to investigate the President for treason. The KBA will ensure that a fair and impartial special prosecutor thoroughly investigates this situation. Once again, the KBA urges the President Yoon to make a decisive choice for the future of Korea. December 7, 2024 Korean Bar AssociationYoung Hoon KIM, President
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관리자 | 2024-12-09 | 358 | |
79 |
Statement from the KBA on the Recent Proclamation of Extraordinary Martial Law in Korea
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Statement from the KBA on the Recent Proclamation of Extraordinary Martial Law in KoreaThe Korean Bar Association (KBA) sincerely thanks the global bar associations and lawyers for your concerns and thoughtful expressions of solidarity regarding the unprecedented proclamation of extraordinary martial law in Korea.We deeply regret that such an exceptional situation occurred in our country. Before the National Assembly resolved to demand the lifting of extraordinary martial law, the KBA issued a strong statement condemning the proclamation as unconstitutional. Following this, through constitutional procedures, the National Assembly formally requested the lifting of martial law, and the President complied.All processes were carried out in strict adherence to constitutional procedures, and thankfully, no armed conflict occurred during this period. Thanks to your support and concern, as of December 4, 2024, all sectors in Korea have returned to normalcy without any disruptions.The KBA remains committed to upholding the rule of law and protecting human rights. Should any future threats arise that endanger constitutional values, we will not hesitate to seek the support of the international legal community.Thank you once again for your unwavering support, and for further details, please see the statement below.==================================================================================================[Statement] The KBA Calls for the Immediate Lifting of the Unconstitutional Extraordinary Martial Law Destroying Liberal Democracy and Constitutional OrderThe Korean Bar Association(KBA) declares the proclamation of extraordinary martial law by President Yoon Suk Yeol an unconstitutional act that undermines liberal democracy and the constitutional order. The KBA strongly urges the President to lift the extraordinary martial law immediately. On the night of December 3, President Yoon announced during an emergency address from the Presidential Office in Yongsan that extraordinary martial law was being proclaimed “to eradicate anti-state and pro-North forces and to protect the liberal constitutional order.” Under Article 77(1) of the Constitution, the President may proclaim extraordinary martial law “when it is required to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict, or similar national emergency, under the conditions as prescribed by Act.” Furthermore, Article 77(5) stipulates that “when the National Assembly requests the lifting of martial law with the concurrent vote of a majority of the total members of the National Assembly, the President shall comply.” However, the current situation does not qualify as a state of war, armed conflict, or a national emergency similar to those defined in the Constitution. The absurdity of such a claim makes a verbal rebuttal unnecessary. Additionally, by proclaiming extraordinary martial law and subsequently shutting down the National Assembly, the President has physically obstructed the Assembly from requesting the lifting of martial law. This clearly demonstrates that the President’s proclamation of extraordinary martial law is unconstitutional both substantively and procedurally. The KBA hereby declares that the President’s proclamation of extraordinary martial law constitutes a violation of the Constitution. The KBA calls on the President to fulfill his duty to uphold the Constitution and the law and to immediately rescind the extraordinary martial law of his own accord. December 3, 2024Young Hoon KIM, President of the Korean Bar Association
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관리자 | 2024-12-04 | 149 | |
78 |
Korean Bar Association Publishes 2024 White Paper on Human Rights in North Korea (10th Edition)
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The Korean Bar Association (KBA), under the leadership of President Kim Young-hoon, has issued the 2024 White Paper on Human Rights in North Korea (10th Edition). This report provides a comprehensive review of North Korea's human rights situation, offering a critical legal analysis of ongoing human rights abuses.Since 2006, the KBA has conducted biennial surveys with North Korean defectors to compile its North Korean human rights reports. The 2024 edition addresses key human rights issues, including the right to life, freedom from bodily harm, judicial and procedural rights, freedom of thought, speech, assembly, voting rights, privacy, freedom of movement, equality, protections for vulnerable populations, food security, economic freedom, conditions in detention facilities, labor exploitation, the rights of North Korean defectors abroad, and issues facing separated families.The 2024 White Paper also includes an in-depth legal analysis focused on addressing human rights violations in North Korea, including crimes against humanity. It assesses potential pathways for referral to the International Criminal Court (ICC) and compares North Korean Human Rights Acts in South Korea, the United States, and Japan.The KBA remains dedicated to advancing human rights, justice, and the rule of law in North Korea, pledging to lead further discussions within South Korea on North Korean human rights issues.*Currently, only the Korean version of the white paper is available for download, with the English edition scheduled for release in 2025.
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관리자 | 2024-11-04 | 430 | |
77 |
Announcement: Successful Re-election of KBA Members to LAWASIA EXCO
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On October 13, 2024, at the 37th LAWASIA Annual Conference, Mr. HJ Kim, VP of International affairs at the Korean Bar Association (KBA), and Mr. Eric Yang, former VP of International affairs, were successfully re-elected to the LAWASIA Executive Committee (EXCO)Mr. Eric Yang served as a member of the LAWASIA Executive Committee from 2016 to 2021, during which time he also held the position of Vice President from 2021 to present. Mr. HJ Kim has been an Executive Committee member of LAWASIA from 2023 to 2024.Newly Elected MembersVice Presidents (3 positions available):Angela Lin (Taiwan)Steven Thiru (Malaysia)Eric Yang (Korea)Executive Committee Members (8 positions available):Rajeev Amarasuriya (Sri Lanka)CM Chan (Hong Kong Law Society)Karen Cheah (Malaysia)Saroj Ghimire (Nepal)HJ Kim (Korea)Greg McIntyre (Australia)Masatoshi Ohara (Japan)Lisa Sam (Singapore)?Upcoming LAWASIA Annual ConferencesThe next LAWASIA Annual Conference will be held in Hanoi, Vietnam, in 2025, followed by the 2026 Annual Conference in Seoul, Korea.
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관리자 | 2024-10-28 | 881 | |
76 |
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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관리자 | 2024-09-03 | 1301 | |
75 |
[Statement] Welcoming the Proposed Legislation to Protect Attorney-Client Privilege and Urging Its Swift Passage
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The Korean Bar Association (hereafter 'KBA') warmly welcomes the "Partial Amendment to the Attorney-at-Law Act," proposed by Representative Lee Gun-tae on Monday, August 26, 2024, and urges its swift passage.This proposed amendment stipulates that no one may disclose or demand the disclosure of confidential communications between an attorney and a client regarding the attorney's duties, nor require the submission of documents, materials, or items submitted by the client to the attorney in relation to their duties, as well as documents or materials prepared by the attorney on behalf of the client.Under the current legal system, there is no legal basis to refuse the disclosure of communications or documents exchanged between an attorney and a client. This lack of protection has frequently led to investigative agencies seizing and searching a suspect's attorney's computer, smartphone, or office, or coercing attorneys to voluntarily submit evidence. Consequently, concerns have been raised that this practice effectively infringes upon the constitutionally guaranteed right of clients to receive assistance from their attorney.The attorney-client privilege (ACP) is a widely recognized practice in many countries worldwide. Among the 36 OECD member countries, South Korea remains the only country without such a legal framework.Recently, there have been numerous instances of serious issues, such as the seizure and search of defense attorneys' offices by investigative agencies, which could, in the long term, weaken the international competitiveness of Korea's legal industry. These issues have been a source of significant concern and criticism throughout the legal community, business sector, and broader society, including the KBA.Since the 21st National Assembly, and continuing after the 22nd National Assembly convened, KBA President Kim Young-hoon has made considerable efforts to ensure the passage of legislation aimed at protecting confidentiality between lawyers and clients. He has persistently visited the National Assembly to persuade lawmakers of the necessity of passing this bill.The KBA expresses its deep gratitude to Representative Lee Gun-tae and the co-sponsoring members of the National Assembly for their dedication in proposing this amendment, which substantially guarantees the constitutionally protected rights to receive assistance from counsel (Article 12, Paragraph 4 of the Constitution) and to a fair trial (Article 27 of the Constitution). The KBA hopes for the swift passage of this amendment so that the human rights of the people are more actively protected and the rule of law is firmly upheld.The KBA pledges to closely monitor the National Assembly’s discussions on this amendment and to actively provide input to safeguard the mission entrusted to attorneys.August 27, 2024 Kim Young-hoon President, Korean Bar Association
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관리자 | 2024-09-03 | 313 | |
74 |
[Statement]The Governments of Korea and Japan Must Strive to Uncover the Truth Behind the Sinking of the Ukishima Maru
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On August 24, 1945, the Ukishima Maru, carrying Koreans who were returning to their homeland after liberation, was en route from Japan to Busan when it exploded and sank off the coast of Maizuru, resulting in the drowning of many Koreans. Even though 79 years have passed since the incident, the cause of the sinking and the scale of the casualties remain unclear.Recently, however, a passenger list that the Japanese government previously claimed had been lost during the sinking of the Ukishima Maru was disclosed through a request for information made by a Japanese journalist. In May of this year, the Japanese government reversed its previous position and acknowledged the existence of the passenger list. The Korean Bar Association (President Young-Hoon Kim) urges the Korean government to swiftly secure and disclose the passenger list to uncover the truth behind the Ukishima Maru incident. Additionally, we call on the Korean government to demand that the Japanese government take measures for the restitution of victims, including the repatriation of remains.The Ukishima Maru was a merchant vessel requisitioned by the Japanese Navy and used as a military transport ship. On August 22, 1945, it departed from Ōminato in Aomori Prefecture, carrying thousands of Korean laborers conscripted by the Japanese during the colonial period, their families, and Japanese naval personnel. While en route to Busan, the ship attempted to dock at Maizuru Port but exploded and sank after an explosion occurred in the lower part of the hull.Immediately following the incident, the Japanese government reported that 524 of the 3,725 Korean laborers and 25 of the 255 Japanese crew members on board had died. However, these figures have been criticized as inaccurate since they were based on the list of people who applied to board rather than an actual passenger list. According to survivors, approximately 5,000 individuals who had not registered were also aboard, and the number of casualties could reach several thousand, far exceeding the official figures. The cause of the sinking also remains unclear.Survivors of the Ukishima Maru and the bereaved families of the victims have consistently called on both the Korean and Japanese governments to uncover the truth behind the incident and take responsible follow-up actions. The failure to identify the victims and reveal the truth about the sinking of the Ukishima Maru is, in itself, a grave human rights violation.Given the confirmed existence of the passenger list, the Korean government must immediately secure and disclose it. In addition, it must conduct a thorough investigation of the victims and demand that the Japanese government take appropriate measures to uncover the truth, repatriate the remains, and ensure restitution for the victims of forced labor.August 28, 2024Young-Hoon Kim President, Korean Bar Association
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관리자 | 2024-08-28 | 325 | |
73 |
LAWASIA EXPRESSES CONCERN REGARDING THE THREAT TO THE RULE OF LAW AND INDEPENDENCE OF THE JUDICIARY IN SRI LANKA
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LAWASIA expresses deep concerns regarding recent developments in Sri Lanka, which undermine the independence and the authority of the judiciary. LAWASIA also expresses its support of the statement issued by the Bar Association of Sri Lanka on 27 July 2024 regarding these developments.The recent statements by senior officials of the Sri Lankan government, as reported by the media, suggesting that the Supreme Court of Sri Lanka lacks the authority to review certain appointments undermines the authority of the Supreme Court. On 26 July 2024, the Sri Lankan government informed the Sri Lankan Parliament that the interim order issued by the Supreme Court against the Inspector General of Police Deshbandhu Thennakoon was not legally valid.The independence of the judiciary and upholding the rule of law is essential, not only for the proper administration of justice, but also for maintaining public confidence in the legal system. Any erosion of this independence compromises the integrity of the judiciary and the rule of law.LAWASIA emphasises the cardinal principle that judicial orders must be obeyed until validly set aside by a judicial forum. A failure to do so undermines the administration of justice.The importance of the independence of the judiciary has also been enunciated in the United Nations Basic Principles of the Independence of the Judiciary, 1985 which states:1. The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.2. The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. 3. The judiciary shall have jurisdiction over all issues of a judicial nature and shall have exclusive authority to decide whether an issue submitted for its decision is within its competence as defined by law.LAWASIA reaffirms its commitment to supporting judicial independence and the rule of law in Sri Lanka and strongly urges the Government of Sri Lanka to honour and uphold the principles of judicial independence to preserve democratic values and ensure fair administration of justice.LAWASIA, The Law Association for Asia and The PacificReference : Media Statement of the Bar Association of Sri Lanka - BASLParliament erupts over Govt.’s defiance of SC order against IGP | Daily FTStandoff between Sri Lankan government and judiciary; govt. defies police chief suspension order (ptinews.com)Stay order to bar Deshabandu from functioning as IGP illegal: PM - Breaking News | Daily MirrorBasic Principles on the Independence of the Judiciary | OHCHR
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관리자 | 2024-08-09 | 719 | |
72 |
[KBA news]The Korean Bar Association Secures the 2026 LAWASIA Annual Conference in Korea
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The Korean Bar Association (President Younghoon Kim) is pleased to announce that Korea has successfully secured the hosting rights for the 2026 LAWASIA Annual Conference. The LAWASIA Executive Committee confirmed Korea as the host country during a meeting held in Taipei, Taiwan, on July 11. This will be the fourth time Korea hosts the LAWASIA Annual Conference, following previous events in 1977, 1999, and 2011. With this achievement, Korea joins Australia and Malaysia as one of the countries to have hosted the most LAWASIA Annual Conferences.The 2026 LAWASIA Annual Conference is scheduled to take place in the latter half of 2026 and will welcome over 1,000 legal professionals from 50 countries. The Korean Bar Association has made extensive efforts to secure this prestigious event. During the 2023 LAWASIA Annual Conference in Bangalore, India, the association hosted a 'Korean Night' reception to actively promote the Korean legal community and Seoul as a host city. They also met with LAWASIA officials at various international events to strongly advocate for Korea's hosting capabilities and the strength of its legal sector.Hongjoong Kim, Vice president of International Affairs at the Korean Bar Association, stated, “We actively campaigned for this event by running for a position on the LAWASIA Executive Committee and submitting a letter of intent, which resulted in a successful outcome. As an executive member of the Korean Bar Association and the LAWASIA Executive Committee, I will ensure the success of the conference in Korea.”President Younghoon Kim remarked, “This successful bid demonstrates the capabilities of the Korean legal community. We will continue our efforts to globalize the Korean legal profession and support young lawyers in their international endeavors, especially following the stagnation caused by the COVID-19 pandemic.”He added, “While we have focused on expanding the market by promoting Korean lawyers and law firms abroad, hosting the 2026 LAWASIA Annual Conference presents a unique opportunity for international legal professionals to experience Korea's legal excellence firsthand. I hope this event serves as a stepping stone for Korean lawyers to dominate the Asian legal market.”
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관리자 | 2024-07-12 | 835 | |
71 |
[Statement] KBA Urges the Rapid Passage of the ‘Amendment to the Act to Increase the Number of Judges
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KBA urges the Rapid Passage of the ‘Amendment to the Act On The Prescribed Number Of Judges Of Various Levels Of Courts' (Act to Increase the Number of Judges)The Korean Bar Association (President Kim Young-hoon) urges the National Assembly to quickly pass the 'Amendment to the Act On The Prescribed Number Of Judges Of Various Levels Of Courts' (the so-called 'Judge Increase Act'), which aims to gradually increase the Quota of judges over five years.Our Constitution stipulates that “all citizens shall have the right to a speedy trial.” (Article 27, Paragraph 3). The right of citizens to a speedy trial is a right guaranteed by the Constitution. Nevertheless, due to trial delays, the people are suffering greatly from prolonged disputes. To resolve this situation, the Judge Increase Act must be passed within the term of the 21st National Assembly.There is an urgent need to increase the number of judges to address the problem of long-term trial delays. This is a concern deeply felt not only by the courts but also by the legal community at large.One of the causes of trial delays is the absolute shortage of judges, yet the quota of judges has been frozen for several years. In a situation where the problem of trial delays is becoming increasingly serious, it is clear that if the Judge Increase Act is not passed within the term of the 21st National Assembly, the resulting damage will fall solely on the people.For the courts to conduct more rapid and thorough hearings, the number of judges must be increased. 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관리자 | 2024-05-24 | 1798 | |
70 |
[Statement]Law enforcement agencies must immediately cease investigations that infringe upon the constitutional right to legal assistance
+
Law enforcement agencies must immediately cease investigations that infringe upon the constitutional right to legal assistanceThe Korean Bar Association strongly condemns the recent decision by the Public Crimes Investigation Unit of the Seoul Metropolitan Police Agency to summon Attorney A, who provided legal support services such as consultations to the Emergency Response Committee of the Korean Medical Association, as a witness. We urgently demand the cessation of the investigation against Attorney A.Attorney A, in the capacity of a lawyer, solely provided legal support to the Emergency Response Committee of the Korean Medical Association, a right guaranteed by the Constitution.Summoning a lawyer as a witness merely for providing legal support work undermines the fundamental role of lawyers and constitutes a violation of the constitutional right to legal assistance. Members of the Emergency Response Committee of the Korean Medical Association are also citizens of the Republic of Korea, and summoning a lawyer for investigation solely based on their assistance would pose a significant threat to the rule of law. We implore the investigative agency to halt the investigation against Attorney A immediately.The Korean Bar Association asserts that should law enforcement agencies persist in attempts to undermine the work of lawyers in the future, we will utilize all available means to safeguard the rule of law and prevent such actions. 2024. 5. 9.Young Hoon KIM, President of the Korean Bar Association
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관리자 | 2024-05-10 | 1452 | |
69 |
[IBA] Publication of the IBA Gender Disparity Report in Korea
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The International Bar Association (IBA) Legal Policy & Research Unit (LPRU) has released the Republic of Korea Results Report (the ‘Report’) that looks into gender disparity at senior levels of the legal profession in Korea. Despite there having been a rise in the number of women lawyers in Korea since the end of the last century, the data informing the report revealed that women are still vastly under-represented at all levels of the legal profession in Korea. Written by the Gender Equality Centre of the Korean Bar Association (KBA) the Report is the seventh in a series to be published by the IBA and the LexisNexis Rule of Law Foundation as part of the 50:50 by 2030: A longitudinal study into gender disparity in law.Sara Carnegie, IBA Legal Projects Director, said: ‘We are enormously grateful to the Korean Bar Association for taking the lead on this report, and providing such in depth analysis of the data collected. The Republic of Korea report provides an excellent example of how collaboration with IBA member bars can broaden the reach of this project, enhancing its impact and offering insights into new jurisdictions. We extend our thanks to the KBA and encourage other bars to get involved.’Young Hoon Kim, President of the KBA, commented: ‘The KBA has been honoured to assist in this important study, gathering data from across our profession in the hope of furthering gender parity in the law. Despite a significant upsurge in the number of women training to be lawyers since the 1990s, female representation at the senior level is still sorely lacking. We must address the root causes of this disparity, challenge widespread cultural norms and champion lasting change.’Download reportKBA research shows that in 2023 there were 28,118 lawyers practising in the Republic of Korea, of which 8,269 were women (29 per cent). In comparison to data in other reports published in the 50:50 by 2030 project series, female representation in the legal profession in Korea lags behind the Netherlands (57 per cent), Chile (56 per cent), Spain (54 per cent), England and Wales (51 per cent) and Nigeria (40 per cent).Other key results for Korea from the survey include:in law firms, women make up 25 per cent of the workforce but only hold 13 per cent of senior posts;in the corporate sector, 28 per cent of all in-house lawyers are women but the figure drops to 12 per cent at senior positions;in the public sector, 35 per cent of lawyers are women with 29 per cent in high-level roles;the judiciary is comprised of 35 per cent women with 27 per cent holding senior roles;in law firms, flexible working was the most popular initiative to address gender disparity; andin public bodies and companies, gender sensitive education and training for male and female lawyers was the most popular initiative.In addition:only 44 per cent of law firms monitor gender balance in the workplace;sixty per cent of companies, almost all public sector bodies and the judiciary monitor gender balance;twelve per cent of law firms surveyed employ part time lawyers, compared with 14 per cent in the corporate sector; andin the public sector and the judiciary, there were no part time lawyers or judges recorded amongst respondents.To address the imbalances, there is recognition that steps need to be taken to foster a more inclusive environment for women legal professionals, introduce flexible work arrangements, establish and implement parental leave policies, and to expand childcare facilities. The Korean Bar Association is taking a number of steps and inaugurated its Gender Equality Centre to conduct research and training in gender equality in the legal profession. Also, between 2017 and 2022, the Korean Government worked on a five-year plan to improve the number of practising female lawyers, specifically in the public sector. The number of female lawyers in the public sector is higher at 35 per cent compared to the average of 29 per cent of other law sectors. The campaign may have had an effect.From a foreword to the Report, Sung Hee Kwon, General Manager of the KBA’s Gender Equality Centre, stated: ‘The public sector has benefitted from the Korean government’s policy to improve female representation. The statistics from law firms and in-house counsel show a much gloomier picture, with lower female representation in the legal profession and less women holding senior positions. All the figures urge the country to do more. Promotion linkhttps://x.com/IBAnews/status/1780185123956101604https://www.linkedin.com/posts/international-bar-association_legal-korea-womenlawyers-activity-7185951297869598721-a10C?utm_source=share&utm_medium=member_desktophttps://www.facebook.com/internationalbarassociation/videos/951248503144899
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관리자 | 2024-04-15 | 1132 | |
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[IBA]Human Rights Conference: Climate, justice and law - challenges and opportunities IN Tokyo
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■ Time: 2024. 4. 5. -7. ■ Venue: Iino Hall & Conference Center, Tokyo, Japan■ Topics include:LGBTIQ rights of gay marriage; where to next?Preventing gender-based violence with a focus on Southern AfricaI am a lawyer, but I keep being arrested when I do my job: help!Arbitrary detention: Article 9 of the ICCPR and its relevance in the third decadeMigration, workers and human rightsUDHR 75th anniversary – future perspectives for legal practitioners and their clientsBHR and its impact for general counselAddressing the social and human dimension of climate change – what needs to be doneModern slavery: what do the next five years look like?Death penalty: intersection with fundamental human rights and criminal lawAn exceptional chemical weapons tribunal: closing the chemical weapons impunity gap?Gender inclusive justice for international crimes committed in Myanmar: perspectives on prevention in the futurePracticing law in post-coup Myanmar: challenges and opportunities
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관리자 | 2024-02-08 | 2677 | |
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[International Legal Milestones]Korea's Remarkable Achievements on the Global Stage in 2023
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In a significant development, diplomat Rhee Zha-hyoung has been elected as a Judge of the International Tribunal for the Law of the Sea (ITLOS) in June 2023, while Attorney Baek Kee-bong secured a position at the International Criminal Court (ICC) in December 2023.The year 2023 marked a notable rise in the global standing of the Korean legal community. Commencing this remarkable trend was Rhee Zha-hyoung, former Director-General of the International Legal Affairs Bureau at the Ministry of Foreign Affairs, who secured a judgeship at ITLOS in June 2023. ITLOS, established to resolve disputes related to the United Nations Convention on the Law of the Sea, holds a crucial role in maintaining global maritime peace and order. In this election, candidates from Korea, Japan and Iraq competed for two seats in the Asia-Pacific regional group to which Korea belongs. Mr. Rhee was elected along with the Japanese candidate, by securing votes from 144 out of 164 member states that attended and voted in the election. Notably, Rhee Zha-hyoung's election marked the third consecutive time for a Korean judge since ITLOS's inception in 1996. Current status of ITLOS judges: ▴Judge Park Chun-ho (’96-’08), ▴Judge Baek Jin-hyeon (’09-’23, ’17-’20 served as court president), ▴Judge Rhee Zha-hyoung (October ’23-presentRecognizing the pivotal importance of maritime stability for a nation surrounded by the sea on three sides, the Ministry of Foreign Affairs highlighted that Baek Kee-bong's appointment strengthens the foundation to support the maintenance and development of the international maritime order.Building on this success, in December of the same year, Attorney Baek Kee-bong achieved another milestone by being elected as a judge at the ICC for the 2024-2033 term. The ICC, as the first permanent international tribunal aimed at punishing serious international crimes, plays a crucial role in realizing international criminal justice. Attorney Baek received an impressive 83 votes out of 123 participating countries at the ICC Conference of States Parties, held at the United Nations Headquarters in New York.With this achievement, Korea has now advanced a judge to the ICC for the fourth consecutive time since its establishment. The accomplished individuals who have contributed to this success include Judge Song Sang-heon, Judge Jeong Chang-ho, and the newly elected Judge Baek Kee-bong.The biographies of the two esteemed judges, Rhee Zha-hyoung and Baek Kee-bong, reflect their extensive experience and expertise in the legal field, both nationally and internationally.■ Judge Rhee Zha-hyoung's main biography:- 2020.11~ Director-General, International Legal Affairs Bureau, Ministry of Foreign Affairs- 2018.1 Ambassador, Embassy of the Republic of Korea in Afghanistan- 2014.12 Counselor, Permanent Mission of the Republic of Korea to the United Nations- 2013.7 Director, International Law Division, International Law Bureau, Ministry of Foreign Affairs- 2012.6 Policy Manager, Ministry of Foreign Affairs and Trade- 2010.6 Counselor, Embassy of the Republic of Korea in the Netherlands■ Judge Baek Kee-bong's main biography:- 2014-2023 Kim & Chang Law Office- 2011-2014 Senior Legal Advisor, United Nations Office on Drugs and International Crime, Bangkok Branch- 2011 Supreme Prosecutors' Office World Prosecutors' Office Conference Preparatory Secretariat, Foreign Press Spokesperson- 2008-2009 Head of International Legal Affairs Department, Ministry of Justice- 2002-2005 United Nations Office on Drugs and International Crime, Vienna Headquarters, Legal Advisor- 1992-1998 Prosecutor at Seoul, Seosan, Suwon, and Daejeon District Prosecutors' OfficesThese accomplishments underscore the growing influence of Korean legal professionals on the international stage, reflecting positively on the Korean legal community as a whole.
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관리자 | 2024-01-08 | 3382 | |
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[New Year Address]Protecting the Rights of Members and Citizens with Substantive Policies
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Dear Esteemed members and colleagues,As we bid farewell to the eventful year of Black Rabbit and welcome the New Year of Blue Dragon filled with the auspicious energy of the dragon, I extend my wishes for hope and joy to fill your homes and workplaces.The legal community faced numerous challenges in the past year, transcending the boundaries between the private and public sectors. Especially with the unprecedented simultaneous vacancies in the positions of Chief Justice and Constitutional Court Chief Justice, the judiciary experienced significant disruptions, affecting both judicial administration and trial proceedings.Recognizing the potential dire consequences of prolonged vacancies in the leadership of the two branches of the judiciary, the Korean Bar Association, representing 30,000 attorneys nationwide, took decisive action. We rallied the collective will of our members, conducted rigorous personnel verification, and publicly appointed individuals with exemplary integrity from within and beyond the legal community to fill these crucial roles.Fortunately, those recommended by the KBA swiftly assumed their positions as Chief Justice of the Supreme Court and Chief Justice of the Constitutional Court. This enabled the judiciary to refocus on its fundamental roles of upholding the rule of law and safeguarding the basic rights of the citizens.In the face of unprecedented challenges, the KBA played a crucial role in resolving the judicial crisis swiftly and mediating political conflicts. We are proud to have fulfilled our duty aligned with the noble mission bestowed upon lawyers by the era and history.The KBA did not neglect efforts to enhance the status and compensation of attorneys in the rapidly changing legal environment. In 2022, during the performance of a research project commissioned by the Supreme Court, we vehemently advocated for the realistic compensation of state-appointed attorneys. As a result, the remuneration per case in general state-appointed cases increased by KRW 50,000. Furthermore, last year, despite the full cut at the ministry of economy and finance level, we tirelessly worked, and in December, secured an additional budget of KRW 39.49 billion in the National Assembly, resulting in a KRW 50,000 increase in compensation for general state-appointed attorneys in criminal trials.Not content with this achievement, we are committed to achieving more significant and meaningful results this year. We will continue our efforts with a sense of urgency and determination.Additionally, in the new year, we will focus on creating opportunities for our members to expand their stage of activity, fostering a foundation for overseas expansion. We are actively pursuing measures to allow successful candidates during the attorney examination training period to gain experience in foreign legal systems and international arbitration. Our goal is to solidify a strong foundation for members to actively engage on the global stage.For solo practitioners, we will work on gradually enhancing the competitiveness of the public legal platform 'My Lawyer.' In the past year, we added the 'Instant Consultation' feature to My Lawyer, streamlining the entire process from consultation booking to payment. This leap in service quality was aimed at ensuring both consumers and providers are satisfied. This year, we will focus on securing government support to establish a public system that satisfies both consumers and legal professionals, expanding your client base while ensuring the public nature and independence of the legal market and attorney activities.Furthermore, in the legislative and policy arena, we will handle every matter with careful consideration and resolute action to avoid any setbacks. We will steadfastly devote ourselves to ensuring that the legal industry remains undisturbed by external pressures, consistently striving to meet your support and expectations.The KBA has, for the past 71 years, upheld the rights of the people and our members, diligently pursuing the communal mission of advocating for human rights and achieving social justice. As we continue this honorable tradition into the new year, we will listen attentively to the small voices of our members and take each step with humility.I earnestly request your encouragement and support so that all the efforts of the KBA may bear fruit for the benefit of our members.Wishing you all success in your endeavors in the auspicious year of the Blue Dragon. Happy New Year!Thank you.January 1, 2024Kim Young HoonPresident of Korean Bar Association
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관리자 | 2024-01-02 | 1666 | |
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[Statement]Welcome the Approved Increase in Compensation for Public Defenders
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Today,
the National Assembly approved a budget bill that includes a $ 3,038,461.54 increase in compensation for public
defenders. Consequently, the compensation for general public defenders is set
to increase to $ 423.08 in 2024.
The
Korean Bar Association, led by president Kim Young-hoon, selected the increase
in public defender compensation as one of its key projects before and after the
start of the 52nd executive board’s term, and has proactively promoted it. Even
before taking office, Kim Young-hoon founded the ‘Public Defender and public
service advocates Association’, serving as its first president. He conducted
research on ‘Measures to improve the remuneration payment system for efficient
and faithful public defenders’, aiming to make it a reality, including
increasing the remuneration of public defenders. As a result, the compensation
for public defenders increased from $
346.15 to $ 384.62 in 2023.
The
reality is that the compensation for public defenders still does not
sufficiently reflect the inflation rate and the increase in actual expenses
incurred by lawyers in the process of handling cases. When preparing the budget
for the Supreme Court, the Korean Bar Association expressed and reflected the
opinion of increasing the budget for public defenders by $ 9,230,769.23 ($ 7,384,615.38 for general public defenders and $ 1,846,153.85 for public defenders only), but in the
budget submitted by the Ministry of Economy and Finance, the entire amount was
cut due to the deepening government budget deficit.
Accordingly,
the president of the Korean Bar Association and related working-level officials
have continued to make efforts to appeal the legitimacy of the budget plan by
visiting the National Assembly frequently over the past two months and persuading
members of the National Assembly. In this process, the contribution of the vice
president of legislation support a new position established by the current
executive office, was also significant.
Originally,
the Korean Bar Association’s right to request a budget was not recognized, so
in the past, the Korean Bar Association’s executive board responded in a
relatively passive manner to the lawyer-related budget of the Supreme Court and
the Ministry of Justice. However, this 52nd executive board took proactive
action by directly visiting the National Assembly and running to establish and
pass a budget plan related to lawyers. As a result, with the approval of this
budget, the compensation for general public defenders, which was $ 384.62 in 2023, is planned to increase to $ 423.08 in 2024.
Increasing
the remuneration of public defenders is not only limited to the remuneration of
public defenders but also acts as a standard when appointing attorney members
in other public institutions and organizations, so it is a very important
project as it takes the first step in realizing attorney remuneration.
We
welcome the National Assembly’s approval of the Korean Bar Association’s
request to increase the compensation for public defenders. The approval of the
budget for increasing the compensation for public defenders through the
National Assembly is a key accomplishment achieved by the 52nd executive board
of the Korean Bar Association. Originally, the public defender’s remuneration
budget was under the jurisdiction of the Supreme Court, but the effect of
increasing the remuneration ultimately leads to the protection of the public’s
legal interests through the enhancement of lawyers’ public defender work.
Therefore, the Korean Bar Association will continue to strive to realize
attorney remuneration and protect and expand professional services regardless
of ministry or jurisdiction. We declare that we will continue to make efforts
for this.
2023. 12. 21.
President of Korean Bar Association
KIM Young- hoon
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관리자 | 2023-12-22 | 1747 | |
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Korean Bar Association has successfully formalized MoU with Bar Association of India and Bar Association of the Kingdom of Cambodia
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The Korean Bar Association has successfully cultivated a close partnership with the bar associations of Asia-Pacific Countries, in alignment with its overarching objective to augment international capacity. Amidst the 36th LAWASIA Conference, held from 24-27 November in Bengaluru, India, the Korean Bar Association achieved the signing of Memoranda of Understanding ("MoU") with both the Bar Association of India ("BAI") and the Bar Association of the Kingdom of Cambodia ("BAKC").On 25 November, Mr. Young Hoon Kim, the President of the Korean Bar Association, formalized the MoU with the BAI, under the leadership of Mr. Prashant Kumar, the President of the BAI. Mr. Kim underscored the significance of the MoU in light of the escalating exchanges between legal practitioners from Korea and India. Following Mr. Kim's remarks, Mr. Kumar reciprocated the interest, emphasizing its potential to serve as a conduit for a closer partnership between the two organizations. In essence, both the KBA and the BAI expressed their collective aspirations for the MoU to serve as a foundation for regular exchanges between the two Associations, actively seeking avenues to actualize this vision.On the same day, the KBA formalized an MoU with the BAKC, led by Mr. LY Chantola, the President of the BAKC. Notably, this MoU incorporates an article outlining the mutual commitment of the two parties to collaborate in advancing each other's legal services, including the prospect of seeking government funds if necessary. This specific article underscores the KBA's dedication to fostering the development of legal services in other nations and ultimately propagating the principles of the rule of law globally. Subsequent to the MoU signing, delegations from the KBA and the BAKC engaged in an exchange of information pertaining to the legal systems of their respective countries. Of particular note, the KBA introduced "My Lawyer," a comprehensive online lawyer information center developed by the KBA. Based on this exchange and MoU signing, the two organizations wished to actively exchange for the future collaboration and provide opportunities for the close partnership between the two countries via legal cooperation.
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관리자 | 2023-12-01 | 2204 | |
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[KBA news]Two Korean Lawyers, Eric Eunyong Yang and Hongjoong Kim, Elected as LAWASIA Executives for 2023-2024 Term
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In a groundbreaking announcement on November 24, 2023(India local time), LAWASIA disclosed the results of its executive elections for the term 2023-2024. Attorney Eric Yang emerged as the Vice President, and Hongjoong Kim secured a position as an Exco Member.The election, conducted through online voting from November 1 to 17, witnessed active participation from councillors representing approximately 40 countries.This re-election marks Eric Yang's second consecutive term as Vice President, building upon his initial appointment in 2021. Mr. Eric Yang is a partner in the corporate, mergers and acquisitions practice group of leading Korean law firm Bae, Kim & Lee LLC and leads the firm’s Southeast Asia Practice. Since 2016, he has been a Member of the Executive Committee of LAWASIA, and from 2021 to the present, he has served as Vice President. Prior to joining Bae, Kim & Lee LLC in 2015, he worked at Yulchon LLC for 15 years and was seconded to Allen & Overy’s Hong Kong office.Mr. Yang holds several professional appointments, including the past Vice President (International Affairs) of the Korean Bar Association, Member of the Ministry of Justice Legal Advisory Group for Overseas Expansion of Small and Medium Enterprises.Specializing in cross-border transactions and overseas investment, Mr. Yang’s expertise extends to outbound mergers and acquisitions, construction, financial transactions, and dispute resolution in the Southeast Asia region, as well as energy and infrastructure projects.Hongjoong Kim, the newly elected Executive Committee Member, is a senior partner in the international arbitration and litigation group at Bae, Kim & Lee LLC, the leading law firm in Korea with over 750 professionals. Since 2006, HJ has been involved in numerous international disputes, applying his exceptional expertise to each case. His experience spans multiple industries, including post-M&A, distributorship, shipbuilding, aerospace, retail, automobile parts, oil, pharmaceuticals, and private equity.Since February 2023, Mr. Kim represents the Korean Bar Association as the Vice President (International Affairs) and Chairman of the International Committee. In this role, HJ is responsible for all international affairs, including attending or organizing international conferences, exchange meetings between bar associations at the national level, and discussions with government bodies on international matters like opening of the legal market.The election of Eric Yang and Hongjoong Kim to LAWASIA, a global association, featuring two Korean executives, not only signifies the elevated standing of the Korean legal profession but also aligns with LAWASIA's dedication to nurturing diversity, expertise, and international collaboration within the legal realm .LAWASIA is a progressive, political international organization for litigators, consisting of lawyers, practicing judges, and litigation professors across Asia and the Pacific. Established in 1966, LAWASIA has hosted its annual conference in Seoul, Korea, on three times, and Korean lawyers have been honored to serve three terms as president. For more information, please visit the [LAWASIA Website].
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관리자 | 2023-11-24 | 1318 | |
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IBA introduces Diversity and Inclusion Toolkit to assist law firms in their D&I endeavours
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The International Bar Association (IBA) recently introduced a valuable resource: the Diversity and Inclusion (D&I) Toolkit. This toolkit is a comprehensive, free set of guidance designed to help law firms integrate the basic principles of diversity and inclusion within their organizations. Please download the instruction set from the attached file.For more information about what the toolkit contains and how to get the most out of it, check out the following links:Diversity and Inclusion Toolkit for Lawyers | International Bar Association (ibanet.org)
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관리자 | 2023-11-22 | 1507 |