법조윤리협의회의 운영절차에 관한 연구

Abstract

Legal Ethics and Professional Conduct Council was established on July 27th, 2007 to foster legal ethics and a sound legal climate. The goals of this national organization are to establish regular monitoring and analysis of legal ethics as well as establishing measures designed to curtail the practice of granting special legal privileges to former government legal officials. Though four years have passed since the establishment of the Legal Ethics and Professional Conduct Council, the organization has neither prepared itself to handle the data related to thousands of cases submitted by each district attorney association, nor has it established procedures to analyze and determine whether the attorneys are guilty of corruption or ineffectiveness. It is therefore of dire importance that measures are established and procedures put into place. Today legal proceedings emphasize not only investigations and disciplinary actions, but can also involve the infringement of rights in such a way that it can be disadvantageous to the party or parties directly involved. Therefore,the systemization of procedures is important not only to create an efficient means by which to process work, but also to increase reliability and improve public views. The Legal Ethics Professional Conduct Council is classified as an official organization tasked with managing resources and providing manpower in association with three different government and private organizations including the Supreme Court, the Ministry of Justice, and the Korean Bar Association. In light of this the minimum requirement that must be met is the systemization and standardization of procedures and methodology for cases in order to provide reliability and ensure the Legal Ethics Professional Conduct Association’s system is consistant. The Legal Ethics Professional Conduct Council will only be able to continue to function as long as the cases it reviews are processed smoothly following the procedures and regulations established by the organization without disregard. This paper aims to research the analytical procedures and methodology pertaining to cases tried by attorneys who retired from public prosecutors and judges, and to systemize and increase efficiency of Legal Ethics Professional Conduct Council works. This paper will cover Legal Ethics and Professional Conduct Council procedures and issues such as receipt and enrollment of cases, primary screening, in depth investigations, analysis, and judgment as well as record keeping throughout the entire procedures. I look forward to having the opportunity to increase the nation’s level of trust and being able to secure a just legal system through effective work and public trust in spite of the limited support, lack of funding, and being understaffed.