변호사 공익 활동 의무의 근거와 범위 - 왜 가끔 착한 사마리아 인이 되어야 하는가? -

Abstract

The Attorney-at-Law Act as amended in 2000 provides that every attorney-at-law should perform public interest activities and anyone that engages in such activities for less than a certain number of hours shall be disciplined. Upon the codification of such unusual requirement, a long-standing question is once again raised: what is the basis of attorneys’ obligation for public interest activities and what constitutes such activities? This study examines the basis of attorneys’ obligation for public interest activities in three aspects – historical, socioeconomic and theoretical. Nonetheless, attorneys’ obligation in this area is a matter of implementation, not of theoretical debates. There is no need to focus disproportionately on how public interest activities can and must be defined. We should explore and design creative and innovative programs for public interest, whichever form it takes, based on pro bono that is a fundamental aspect of public interest activities. We are privileged in that our profession, which is commercial in nature, is also destined to seek public interest, and should take pride in serving in this capacity.