Attorney-at-Law Act

In Korea, an attorney-at-law is qualified by, and allowed to practice law, by the Attorney-at-Law Act (변호사법).

Recently the Act has been at the center of arguments as the already saturated legal services market see close to 15 hundred law school graduates each year as well as well-qualified English and U.S. lawyers with the Korea-EU and Kor-US Free Trade Agreements becoming effective.

Key words
attorney-at-law, legal practice, legal services market, Free Trade Agreement (FTA)

Legislative intent
The Act was amended on May 15, 2011, by Law No.10627. On the occasion of the quantitative increase of up to two thousand law school graduates a year and the entry into force of the Free Trade Agreements with the European Union and the United States, the amendment contains noteworthy provisions. Also the recent outcome of the judicial reform efforts to prevent the so-called "predecessors' privilege" has been incorporated in the amendment.

First, the amendment stipulates that those who have passed the National Bar Examination after graduating from law schools should engage in legal affairs or receive legal training and education for more than six months in order to open a law office or become a partner in a law firm.

By establishing a new training system for lawyers that is suitable for the 21st century, the amendment thus intends to enhance the national competitiveness and the welfare of the people.

Second, it also intends to enhance the public trust toward the judiciary system and public offices by prohibiting any attorney-at-law working as a judge, prosecutor, military judicial officer, or a public official in another field, for one year since his/her resignation, from accepting cases handled by the government agency such as court, the public prosecutors' office, military court, Financial Services Commission, Fair Trade Commission, and police station for which he/she has worked one year prior to the time of resignation.

Third, the amendment also seeks to secure people's trust in government organizations in general and guarantee the fairness and objectivity of their services by stipulating that law firms, etc. should submit to the Legal Ethics and Professional Conduct Council the employment status and a detailed statement of the work of high ranking government officers that are working in a law firm, etc. but not an attorneys-at-law.

Main points
The main points of the latest amendment to the Act are as follows:
 * Those who have passed the National Bar Exam after graduating from law schools shall not be able to unilaterally establish a legal office or become a partner in a law firm unless they have done in the legal practice at an agency offering legal services, or received legal training and education. Article 21-2(1).


 * The methods of training and education that will be carried out by the Korean Bar Association, the procedure, and the cost will be determined by the Association' s regulations and require the authorization from the Minister of Justice. The Korean Bar Association may delegate the training and education to an agency offering legal services, such as a law firm. Article 21-2(2) and (9).


 * Any attorney-at-law working as a judge, prosecutor, military judicial officer, or any other public official shall be prohibited, for one year from his/her resignation, from accepting cases handled by the government agency such as the court, the public prosecutors' office, military court, the Financial Services Commission, the Fair Trade Commission, and police station for which he/she has worked one year prior to the time of resignation. Article 31(3) and (4).


 * The requirement for establishing a law firm shall be eased by requiring a law firm to be comprised of no less than three attorneys-at-law, and at least one of them has served for no less than 5 consecutive years. Article 45.


 * Where a retired public official, who has served as a high ranking official above certain rank and who is not an attorney-at-law, is employed at a law firm, the law firm shall submit the list of those employed to the local bar association without any delay. Furthermore, it shall submit a detailed statement of work for the previous year, which includes job performances until the end of January of each year, to the Ethics Council through the local bar association. Article 89-6(1),(2),(3),(4) and (6).