The constitutional provision of the legal system is intended to ensure citizens' basic rights and establish the rule of law. The indispensable role of lawyers in shaping and maintaining the rule of law cannot be overstated. Furthermore, the practical implementation of the legal system necessitates creating a conducive environment for the presence of lawyers.

What is the current situation in Korea? Both the rule of law and the legal system face critical threats. The right to life for citizens is imperiled by recurring societal catastrophes, and their well-being is jeopardized by issues like poorly constructed apartments due to deep-rooted construction corruption. In recent times, there has been an increase in random crimes targeting unspecified individuals, causing widespread anxiety. Even lawyers, who are meant to champion the protection of fundamental rights, are grappling with substantial challenges arising from threats to their personal safety and unjustified search and seizure practices.

This juncture underscores the utmost importance of establishing a society where the rule of law functions normatively to protect fundamental rights, including the right to life.

The principle that lawyers must not be subjected to unreasonable investigations or interference from investigative agencies while fulfilling their duty to safeguard citizens' basic rights is a constitutional value vital for citizens to genuinely exercise their rights, such as the right to legal assistance and a fair trial. Hence, safeguarding the confidentiality rights of lawyers can be deemed a critical framework for upholding citizens' basic rights and achieving social justice. This is particularly relevant when comparing with legislative precedents in developed nations, where the need for legislation is evident.

Numerous cases abound where the actual truth remains concealed and proper redress is not afforded due to delays in investigating cases related to public welfare. Such issues have persisted since the adjustment of investigative authority. Additionally, grave concerns arise due to negligence in protecting victims' interests. Lawyers, who undertake legal proceedings and allegations, painfully bear witness to the plight of citizens throughout the process. The Korean Bar Association urges investigative agencies to shoulder full responsibility for investigative delays and approach inquiries proactively to avoid impeding the protection of citizens' fundamental rights, and the Association pledges to monitor this until completion.

The Korean Bar Association is actively engaged in initiatives to enhance public access to justice while preserving the public nature of the legal market. This is in contrast to endeavors that seek to subordinate the legal market to capital through private platforms under the pretext of innovation, often backed by substantial funds. Simultaneously, the Association is actively working to broaden the scope of the legal profession. This includes expanding lawyers' roles in the capital market, exporting Korea's legal system, and facilitating overseas opportunities for young lawyers.

In last year's event, the Korean Bar Association highlighted the arson attack on a law office in Daegu and appealed to the government and the National Assembly for safety measures to protect lawyers' personal safety. However, threats against lawyers persist, and the repercussions of insufficient safety measures remain evident.

To achieve these objectives, the Korean Bar Association gathers input from local bar associations and resolves as follows:

To actualize these objectives, the Korean Bar Association solicits input from district bar associations and resolves as follows:

1. Urges the government and the National Assembly to adopt comprehensive legal and institutional measures to prevent the occurrence and escalation of recurrent societal disasters and safety incidents.

2. Calls upon the National Assembly to promptly enact legislation introducing attorney client privilege rights to ensure citizens' access to legal assistance.

3. Deds that investigative agencies take full responsibility for frequent investigative delays and approach inquiries proactively to safeguard citizens' fundamental rights without hindrance.

4. Requires financial authorities to date legal due diligence reports during the Initial Public Offering (IPO) process to safeguard the interests of general investors in the financial market.

5. The Korean Bar Association will establish an appropriate disciplinary framework for private legal platforms and, as an alternative, promote public platforms that do not prioritize profit generation. The government and the National Assembly should provide support to stabilize public platforms, including budgetary allocations. Their active involvement is vital.

6. The Korean Bar Association actively supports young lawyers and the international advancement of the Korean legal system, striving to export our exceptional legal framework. The Ministry of Justice and the Ministry of Foreign Affairs should extend proactive support.

7. To ensure the safety of lawyers, which forms the bedrock of the rule of law, the government and the National Assembly must promptly establish an immediate response system in case lawyers face personal threats such as terrorism and acts of violence. Swift legislative action is necessary to effectively secure lawyers' safety.

2023. 9. 1.

Kim Young-hoon, President of the Korean Bar Association

Kim Cheol-soo, Chair of the National Association of District Bar Associations

Kim Jeong-wook, President of the Seoul Bar Association

Jeong Ji-woong, President of the Gyeonggi Northern Bar Association

Ahn Kwan-ju, President of Incheon Bar Association

Yoon Young-seon, President of the Gyeonggi Central Bar Association

Kim Cheol-soo, President of the Gangwon Bar Association

Yang Won-ho, President of the Chungbuk Bar Association

Jeong Hoon-jin, President of the Daejeon Bar Association

Kang Yun-gu, President of the Daegu Bar Association

Yeom Jeong-wook, President of the Busan Bar Association

Seol Chang-hwan, President of the Ulsan Bar Association

Park Yoon-kwon, President of the Gyeongnam Bar Association

Jang Jeong-hee, President of the Gwangju Bar Association

Kim Hak-su, President of the Jeonbuk Bar Association

Heo Sang-soo, President of Jeju Bar Association