한국 변호사제도의 기원과 의의 - 舊韓末 民事判決集의 변호사를 중심으로

Abstract

In 1905, lawyer system in South Korea was begun by the commencement of the legislation of Attorneys-at-Law Act(辯護士法) . It was significant because parties who involved in legal case were able to get support & secured their right with assistance of legal counsel due to the introduction of the lawyer system. However, the impact of the Japanese had gradually increased, and eventually Japanese lawyers were also approved to practice legal activities in South Korea due to the enactment of revised the Attorneys -at-Law Act(辯護士法) in 1909. From 1906 to 1908, there were twenty (20) lawyers legitimately enrolled and performing legal practices in South Korea. Among these population, 38% were ex-governmental officials, and 10% were from judicial affairs executive secretary. Whereas 52% were comprised of people who studied in Japan, specifically in Japanese training institute for law, or Korean law School (法 官養成所). Lawyers who were educated under modern principles in law were naturally incorporated with the western legal principle in the litigation. Therefore, modern legal terminologies were introduced in the Collected judgment of civil cases at the late period of Chosun dynasty(舊韓末 民事 判決集) , especially the cases led by the lawyers in new generation, as follows: 'invalidity', ‘ownership', ‘damage for breach of contract'. In addition, the auctions as exercise of security right were carried out by the lawyers under title of compulsory execution. Also, it became possible to support parties who had been treated unfairly in previous legal cases by the emergence of lawyers. For example, the legal battle in 1908 that lawyer Heo Hun had challenged to judge Song Jing Oak in order to protect right of the market traders was to present the desirable emblem of lawyers.