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Legal Ethics and Professional Conduct Council Management andDevelopment Proposal

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 54(), pp.267-290
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

김영철 1

1건국대학교

Accredited

ABSTRACT

Four years have already passed since the Legal Ethics and Professional Conduct Council was established on July 27th of 2007 to foster legal ethics and a climate of justice. I believe that sufficient time has now passed to begin evaluating the progress the organization has made and to consider proposals to further the organization’s development. The primary function of the Legal Ethics and Professional Conduct Council is to conduct investigations and determine whether disciplinary actions are required based on whether violations of ethical legal practices have taken place in cases tried by public prosecutors and judges within two years of their retirement and in the cases of attorneys who have had an unusually high caseload. Looking at the level of management during the first year and a half, the organization was able to obtain materials, but failed to live up to the expectations of the people, overseeing only twenty-one cases where investigations and disciplinary actions were recommended by the chairperson of the Legal Ethics and Professional Conduct Council. This lack of action was found to be caused by a lack of human and material resources, an underdeveloped system and a lack of know-how rather than gross dereliction of duty or a lack of willpower from members of the organization. Perhaps the most serious problem stems from the lack of manpower. There are currently only five full-time employees performing tasks such as administrative affairs and assistance in case analysis among the Legal Ethics and Professional Conduct Council staff. Furthermore, vital positions, equivalent to the brain and nervous system of the organization, are currently filled by part-time employees. These positions include council members, administrative assistants, and expert advisors, including the chairperson of the Legal Ethics and Professional Conduct Council. To fulfill its duty to the justice system and to develop into an organization trusted by the people, the Legal Ethics and Professional Conduct Council must: ⅰ) hire at least five to six attorneys to serve full-time as expert advisors during investigations and project planning, ⅱ) endow Legal Ethics and Professional Conduct Council staff members with the power to conduct investigations and understand the details of cases through the Attorneys-at-Law Act and eliminate the problems caused by the unnecessary bureaucracy of research attorneys ⅲ) establish an in-house call center to receive reports of corrupt actions and better facilitate assistance to those making the reports, ⅳ) maximize work efficiency through the standardization of various office procedures, ⅴ) should either the chairman of the Korea Bar Association or the director of the District Prosecutor’s Office either a formal inquiry or a recommendation for disciplinary actions from the Legal Ethics and Professional Conduct Council, those bodies must cooperate with the council chairman and recognize the recommendations of the council completely.

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