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Study on Plan for Legislation of Paralegal in Korea

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2013, 1(1), pp.27-50
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Kwangdong Park 1

1한국법제연구원

ABSTRACT

Recently Korean legal service market faces revolutionary change. In connection with such change, it is necessary to be concerned with a paralegal. It seems that the paralegal has some degree of professionalism, a scope of discretion, ethicality, talented person's collectivity, internationality and a function of a hub between an individually legally qualified expert and a client. The paralegal may be classified into a broad sense of paralegal including a person, which helps the legal works of legal professionals and relevant institutions with some qualifications in a legally-related field or handles legally-relating works, as well as a clerical workers as prescribed in any individual qualification laws, such as the Patent Attorney Act, including a narrow sense of paralegal, which is centralized with some law office workers, and a narrow sense of paralegal, which is subject to the Attorney-at-Law Act. Currently, the regulation over the law office workers holds a central position with regard to the paralegal (a narrow sense of paralegal). However, it is necessary to consider the expansion of the set-up of its scope and the division or individualization of the Attorney-at-Law Act and other laws & regulations relating to such expansion. For the sake of legislation of such paralegal, it is currently required to make an effort for the changeover of national legal consciousness about the necessity of legislation for the purpose of granting an independent position to the paralegal. In view of a legislation method in accordance with the scope of the paralegal based on the formation of national sympathy on the necessity of legislation for the paralegal, it may be considered to enact the separation of the Paralegal Act from the Attorney-at-Law Act through the law division with regard to the narrow sense of paralegal after passing preferentially through the legislative evaluation phase about the Attorney-at-Law Act. Then, as the method to regulate the broad sense of paralegal, it may be considered to make it set up the scope of certain basis·ideology·principle for the paralegal, which is prescribed or will be newly created in other applicable laws & regulations, by enacting its fundamental laws.

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