변호사 징계제도에 관한 비판적 고찰

Abstract

Attorneys are the main agents of the fundamental rights who plead for the suspects or defendant against government authorities such as the public prosecutors and the police. Attorney disciplinary is an institutional strategy to foresee the spirit that was provided by the act that established the attorney system. The disciplinary is an institutional strategy to defense social blames against attorneys, to protect innocent and faithful attorneys, to maintain the occupation as an attorney for a long period. Although, the minority attorneys did actions that could be throw themselves to the disciplinary, the strict disciplinary systems are requested due to honor and confidence of judicial order collapse. When the attorneys are in the charges on the proceedings, they have aspects to make critical arguments against the government authorities inevitably and in the tension with the government powers. In this reason, the authorities are able to restrict or obstruct attorneys' performing duties. According to the history of the attorney system, it tells us that the government authorities are tend to monopolize the attorneys' supervising duties and the disciplinary. The types of the disciplinary actions are ① Permanent disbarment, ② Disbarment, ③ Suspension from practicing for not longer than three years, ④ Fine for negligence not exceeding 30 million won, ⑤ Censure (Article 90, Attorney-at-law Act). The reasons for the disciplinary action are ① the actions that is applicable to permanent disbarment, ② the other reasons that is applicable to the rest of the disciplinary types. When any attorneys falls under disciplinary action, the President of the KBA(Korean Bar Association)shall request the Attorney Disciplinary Committee to commence a disciplinary action. The disciplinary action can be commenced by application by chief public prosecutor of a district public prosecutors' office, the president of local bar association and the commissioner of LEPPC.