Justice Ministry May Suspend Lawyers

The Ministry of Justice launched an investigation at the request of the Korean Bar Association (chairman Cheon Ki-heung) to suspend the bar licenses of nine lawyers alleged to have engaged in backroom dealing cases.

The lawyers in question have been found guilty with the charges of the violation of the attorney-at law-act, malfeasance and fraud, and sentenced to heavier than suspended sentences in their first and second trials.

A lawyer in Seoul was sentenced to imprisonment both in the first and second trials and charged with more than 10 counts, including forgery of official documents, fraud, and violations of the forged check law. His final appeal is proceeding in the Supreme Court,

According to Article 102 of the attorney-at-law act, if a lawyer is indicted with an alleged wrongdoing or is subjected to punishment by the Korean Bar Association, and if his or her client’s interest or public interest is at risk, the attorney general may order a suspension of license in line with the decision of the disciplinary committee in the ministry of justice.

Ha Chang-woo, an executive of public relations in the association, says, “Although an attorney is convicted for his wrongdoings in the first trial, he or she usually continues legal services. This is an old practice and should be eradicated. It is the first case that we independently called on the authorities for the license suspension of lawyers in question.”

The association decided to call for the cessation of licenses after starting its inside disciplinary process against the nine lawyers on July 5. The suspension of licenses is to keep their offices closed for the time being.

In the meanwhile, the ministry of justice explained that it had order the suspension of 59 lawyers in total that had been indicted with embezzlement, fraud and breach of the attorney-at-law act from 1973 to 1990. The move was in accordance with an article in the old act, which was found to be unconstitutional by the Constitutional Court in 1990. Before the irrevocable judgment, the article allowed the authorities to order suspension of license to an indicted lawyer on charges with violation of criminal law.

Not only the dirty handed lawyers but also five political lawyers were among the 59 lawyers, including incumbent president Roh, who was indicted with so-called Daewoo Shipbuilding incident in 1987.

verso@donga.com