Author | 국제팀 | Hit | 207 | Date | 2024-09-03 오전 10:03:00 |
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Subject | [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 |