변호사의 비밀유지의무

Abstract

Attorney-at-law Act of Korea provides that no attorney-at-law or former Attorney-at-law shall disclose any confidential matter that he/she has learned in the course of performing his/her duties. Provided, That the same shall not apply to cases where such disclosure of confidential matter is especially prescribed otherwise by Acts(Article 26). And, The Bill of Morality for Attorney of Korea provides that Lawyers can disclose information revealed in confidence by clients if it is necessary to defend themselves against accusations of malpractice and public interest(The Rule 23). Lawyers’ duty of maintain confidentiality is one of the most important, obligations to their clients that lawyers undertake. They must not disclose such information to anyone else, use it to the clients’ detriment, or take advantage of that information in any way. I will try to make sense of the duty of confidentiality and its limits. There are two main sources that place obligations of confidentiality on lawyers: the law of evidence(Criminal Procedure Act) and the professional rules(The Bill of Morality for Attorney). Under evidentiary rules, lawyers are entitled and required to keep confidential all communications between clients and themselves that pertain to the giving of legal advice and assistance. This is a privilege to the client, and it applies regardless of whether litigation is involved or is imminent. The professional duty of confidentiality is broader than the attorney-client privilege of evidence law. The professional duty protects nearly all information related to the representation, whatever its source; the privilege extends only to information transmitted directly between client and lawyer. While the duty is fundamental, it is not absolute. There are limits to the scope of the duty.