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Current Debate over Right to Litigation Representation in Japan

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2020, 8(3), pp.9-29
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : July 29, 2020
  • Accepted : August 22, 2020
  • Published : August 31, 2020

Kim Jan Di 1

1오사카대학교 법학연구과 초빙연구원

Candidate

ABSTRACT

In Korea, certified specialists are subdivided based on work, and related laws supporting their status are respectively prescribed. However, problems related to scope of work have occurred due to overlap in duties between certified specialists and the system of automatically granting other professional qualifications for acquiring certain professional qualifications. This phenomenon has become more pronounced since the opening of law schools. Specialists in similar legal professions including patent attorneys have been asking to be granted the right to litigation representation. In recent years, their voice demanding the right is increasingly getting louder, and related revised bills of law have been proposed. For example, bills for revising the Patent Attorney Act and the Certified Tax Accountant Act have been proposed respectively, and some professions such as certified judicial scriveners are demanding the status of litigation representative for their job. It is never easy to resolve the complex and diverse disputes arising in our society with legal knowledge alone, and it seems that parties who have a stake in applicable cases might not accept such resolution based solely on legal knowledge. Therefore, it appears that there won’t be many objections to the need for using the knowledge and experience of specialists in similar legal professions such as a patent attorney and certified tax accountant. However, it is considerably difficult to decide the structure and method of using the knowledge of these specialists. Careful review is required since the interests of a lot of people are intertwined.

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