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“Rapidly changing society, response at legal level”… Over 2,100 lawyers in one place

Media legal newspaper
Date

2024-08-26

Views 155

“급변하는 사회, 법조 차원 대응을”… 변호사 2100여 명 한자리에

Korean Bar Association holds ‘32nd Lawyers’ Conference for the Rule of Law’ on the 26th
Congratulatory remarks from the President, Chief Justice, etc. “Exercise passion and wisdom for the rule of law”
President of the Association: “The judicial system must constantly develop in a direction that is good for the people.”
“The goal is to provide direction to improve the quality of people’s lives through practical rule of law”
Professor Kim Dae-hwi of the Korea Legal Culture Award... Academic paper award and media personality award presentation


An event was prepared where lawyers from all over the country gathered together to pledge to establish the rule of law and seek ways to expand the effective rule of law.

The Korean Bar Association (Chairman Kim Young-hoon) held the ‘32nd Lawyers’ Convention for the Rule of Law’ at the Lotte Hotel in Sogong-dong, Seoul on the 26th. About 2,100 lawyers participated in the competition that day.

Lawyers spoke with one voice on the direction of responding to generative artificial intelligence (AI), legal service insurance, and the introduction of attorney-client privilege (ACP).

● “May the rule of law be firmly established”… Congratulatory remarks from President Yoon, Chief Justice of the Supreme Court, etc.

At the lawyers’ convention that day, people from all walks of life, including President Yoon, delivered congratulatory speeches.

President Yoon said in a video congratulatory address, “Lawyers have been carrying out the mission of protecting human rights and realizing justice through the law as one of the three pillars of the legal profession. They have also played a role in reviving the people’s livelihood and the economy by helping the socially disadvantaged and supporting companies to run freely.”

At the same time, he said, “Freedom, the core value of the Republic of Korea, develops further through the rule of law,” and added, “Please exercise your passion and wisdom to solidify the rule of law and expand the freedom of the people.”

Chief Justice Cho Hee-dae of the Supreme Court emphasized, “The rule of law seeks to rationally resolve social conflicts and confrontations according to the standards and procedures set by law,” and added, “It is the only way to develop society in a stable, harmonious and balanced manner.”

He said, “In order for a speedy and fair trial to take place, the role of lawyers who communicate and work together with the public is important,” and added, “I ask you to pay attention and pool your wisdom to make such a trial happen.”

Lee Jong-seok, Chief Justice of the Constitutional Court, said, “In 2017, Dr. Stephen Hawking warned that ‘AI could become the worst incident in human history,’” and emphasized, “The impact of AI on the legal profession will vary depending on how we use AI and how we understand and prepare for its usefulness and risks.”

He also said, “The issues of legal service insurance and lawyers’ confidentiality rights are areas that require in-depth discussion in relation to expanding public access to justice,” and added, “I hope that today’s discussion will be a valuable opportunity to contribute to the development of legal culture.”

Minister of Justice Park Seong-jae said, “All actions in society based on the rule of law are governed by law. As a result of lawyers’ exemplary performance as practicing intellectuals, the guarantee of public freedom, human rights, and equality has been strengthened, and the legal system has been improved.”

He continued, “I hope that through today’s symposium, productive discussions will take place that will help our society move forward on topics of high interest not only to the legal profession but also to the public.”

Na Kyung-won (bar exam 34th), People Power Party lawmaker (Dongjak-gu, Seoul) said, “The rule of law in Korea is the last bastion to protect constitutional order,” and added, “I promise to think more about the restoration of the rule of law as I look forward to my role as a lawyer.”

Seo Young-kyo, a member of the Democratic Party of Korea (Jungnang-gu, Seoul), said, “I never imagined that lawyers’ right to confidentiality would be violated by search and seizure,” and added, “The ruling and opposition parties will work together to guarantee lawyers’ rights.”

Kwak Sang-eon (43rd bar exam), a member of the Democratic Party of Korea (Jongno-gu, Seoul), said, “A lawyer is a profession that can actually fight against the great state powers within the bounds of the law with one’s own wisdom and capabilities,” and emphasized, “I hope that this lawyer’s convention will be an opportunity to expand the rights and interests of lawyers and dream of the rule of law again.”

Choo Kyung-ho, floor leader of the People Power Party, said in a written congratulatory speech, “I look forward to the role and mission of lawyers for the development of the rule of law in the Republic of Korea in the future,” and pledged, “As the floor leader of the ruling party and a member of the legislature, I will do my best to ensure that the National Assembly fulfills its responsibility to realize the rule of law.”

● “We will do our best to legislate ‘lawyer confidentiality rights’”… Lawyers across the country “response to attempts to encroach upon our profession and to tamper with investigative agencies”

Association Chairman Kim explained, “The Constitution stipulates the people’s right to receive assistance from lawyers, and the law gives lawyers a monopoly on all legal affairs and strictly controls the performance of their duties. This is to protect the people’s basic rights and realize social justice by securing expertise, fairness, and reliability in legal affairs.”

He emphasized, “Lawyers should have pride and a sense of duty in being given such an important role, and should constantly strive to develop the judicial system in a direction that serves the people based on the spirit of the rule of law.”

He also pointed out, “Recently, a lawyer was summoned by an investigative agency for investigation, or data on communication between a lawyer and a client was confiscated through a search and seizure of the lawyer’s office, on the grounds that he provided legal assistance, which is the lawyer’s normal job,” and added, “This is a serious violation of the ‘right to receive assistance from a lawyer.’”

He explained, “The Korean Bar Association takes this reality seriously and is doing its best to legislate the right to confidentiality for lawyers.”

He also mentioned responses to structural changes in the legal profession, such as adjusting investigative powers of the prosecution and police.

Association President Kim emphasized, “With the adjustment of investigative powers between the prosecution and the police, the police have also been incorporated into the legal profession as an independent investigative agency,” adding, “Lawyers must respond to these structural changes and play a role in urging not only the prosecution but also the police to conduct legitimate and fair investigations based on the rule of law.”

At the same time, he emphasized, “The Bar Association will continue to monitor investigative agencies to ensure that they can establish the rule of law and protect the public by conducting thorough investigations with an independent and objective attitude in any type of criminal investigation.”

The Bar Association plans to focus its efforts on protecting the literal translation.

President Kim of the Association said, “The Korean Bar Association is resolutely opposing various legislative attempts to shake up the profession of lawyers and is making every effort to fulfill its role as a lawyer as a defender of the rule of law and the people’s basic rights.”

He went on to explain, “Specifically, we are doing our best to block the bill granting litigation representation rights to qualified professionals adjacent to the legal profession, the bill nullifying the authority of bar association attorneys to regulate advertisements, and the bill allowing all legal tech companies to become certified case brokers without at least publicity and public trust standards.”

In addition, the Bar Association is working hard to △ disseminate ‘K-LEGAL’ overseas △ export the public legal platform ‘My Lawyer’ to Vietnam through KOICA aid projects △ and promote the hall construction project.

At the convention, a resolution adopted as a result of discussions with 14 local bar associations was also announced.

In a resolution, lawyers across the country pointed out, “Recently, lawyers were summoned by investigative agencies and subjected to intense investigations just because they were performing their normal duties of providing legal advice,” and “As there have been cases where lawyers were investigated by investigative agencies or had their offices searched and seized just because they were performing their normal duties, the regression in the rule of law has become a reality.”

He continued, “In order to guarantee the right to receive assistance from a lawyer, which is a fundamental human right under the Constitution, the introduction of the right to confidentiality for lawyers and clients is urgent,” and urged, “The National Assembly must introduce the right to confidentiality through legislation as soon as possible.”

He also emphasized, “In some limited legal service areas, certified legal professionals and legal tech companies, which are only allowed to play an auxiliary role, are attempting to encroach on the lawyer’s profession through legislation, etc.,” and added, “Attempts to encroach on the lawyer’s profession based on public nature must be dealt with strictly.”

In addition, the resolution included the following: △monitoring of corruption by investigative agencies and encouraging fair investigations, △leading the introduction and use of legal AI, monitoring and checking, △strengthening cooperation with related organizations, △urging support for international activities of lawyers, and △building a private hall.

● “Rapid social change, presenting countermeasures”… Presenting AI direction, revitalizing legal services and insurance, etc.

The main theme of this competition was ‘Lawyers’ capabilities and development tasks in response to rapid social changes.’ Kim Cheol-soo (bar exam 34th), chairman of the executive committee of the Bar Association, explained the reason for selecting the topic, saying, “We wanted to present a concrete plan on what role lawyers will play in improving the quality of people’s lives by implementing the practical rule of law.”

The first symposium was held under the theme of ‘Generative Artificial Intelligence – Potential Risks and New Directions’.

Attendees on this day proposed ‘Responsible AI’ as a direction for the era of generative artificial intelligence.

Byun Soon-yong, a professor of ethics at Seoul National University of Education, explained, “If humanity wants to develop and use artificial intelligence, it is important to take responsibility for it holistically, continuously, and in the future,” adding, “It is important to design responsible artificial intelligence.”

He went on to explain, “Responsible artificial intelligence requires all members involved in artificial intelligence to take responsibility to manage the potential risks of artificial intelligence and to use artificial intelligence reliably to enhance human dignity, the public good of society, and the sustainability of the natural environment.”

At the same time, he suggested, “For the future of humanity, responsibility design must be implemented in the development and use of artificial intelligence to prevent the ‘non-responsibility phenomenon’ from occurring due to the unclear nature of responsibility that we must maintain and the proliferation of responsible entities, and the method of realizing responsibility must be specified based on this.”

Jong-gu Jeong (8th edition), lawyer at Logos Law Firm, said, “Responsible artificial intelligence is a new direction in the era of generative artificial intelligence,” and emphasized, “For sustainable AI, an ecological and international cooperative approach is necessary.”

There were also voices of concern about the use of artificial intelligence.

Kim Ki-won (5th time taking the bar exam), Legislative Director of the Seoul Bar Council, said, “The future we need to be most wary of due to the development of artificial intelligence is that members of society become accustomed to artificial intelligence and their potential capabilities deteriorate,” and pointed out, “There is a possibility that they will not read or write long texts themselves, ‘bothered and tiring,’ and will not review or worry about numerous minor details.”

He emphasized, “In addition to worrying about solving problems, people must demand of themselves that they learn how to learn, train, and persevere using their own capabilities.”

In addition, on this day, a symposium and lawyer ethics training were held on the following topics: △Understanding and revitalization of legal service insurance △Cases of infringement of lawyers' right to defense and countermeasures - focusing on disclosure of ACP and defense cases - △Issues of inheritance, retention division and Constitutional Court - focusing on recent precedents, etc.

● Professor Dae-Hwi Kim is the winner of the Korean Legal Culture Award… Academic Paper Award and Outstanding Journalist Award Ceremony

Various award ceremonies, including the Korean Legal Culture Award and the Academic Paper Award, were also held at the opening ceremony.

Dae-Hwi Kim (19th year of bar exam), Distinguished Professor of Law at Sejong University and lawyer at Yoon & Yang Law Firm, was selected as the winner of the 55th Korean Legal Culture Award. Professor Kim was recognized for his contributions to the development of legal culture, including having a positive influence on academia and legal practitioners through his outstanding academic achievements and social activities.

Professor Kim was appointed as a judge in 1983 and served as Chief Judge of Jeju, Incheon, Seoul Southern, and Seoul Central District Courts, Chief Judge of Busan High Court and Seoul High Court, and Chief Judge of Chuncheon District Court and Uijeongbu District Court. He served as chairman of the Bar Association's Lawyer Disciplinary Committee and established disciplinary practice for lawyers and practices for writing decisions. When he served as the first judicial policy research director, he participated in writing and publishing a white paper on judicial reform and writing the criminal section of the court practice summary and sentencing practice. His books include ‘Introduction to Legal Philosophy and Legal Theory (Sangandang)’.

Chair Professor Kim expressed his thoughts, saying, “I will continue to put more effort into developing legal culture and establishing basic law.”

In the academic paper award, Jaehoon Jeong, a professor at Ewha Womans University Law School, won the grand prize.Hyunsoo Kim, attorney at Daeryun Law Firmwon the Excellence Award.

The Outstanding Journalist Awards went to Seoul Shinmun reporter Song Soo-yeon, KBS reporter Lee Ho-jun, and Financial News reporter Jeong Won-il.
 

[View full article] -(Comprehensive) “Rapidly changing society, response at legal level”... Over 2,100 lawyers in one place (link)
 

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