사내변호사와 법치주의 - 한국의 기업법무부서에 대한 경험적 고찰 -

The number of in-house counsels in Korean companies has significantly grown for the past 10 years and the trend will continue because of the increasing supply of lawyers produced by the new law school system and the liberalization of the legal market. The growth of corporate in-house counsels may be regarded as one indicator of incorporating global standards in business. In this connection, in-house counsels are expected to enhance the rule of law in the corporate setting. This paper empirically examines whether and how the in-house counsels serve to facilitate the rule of law in the corporate sector. Based on survey questionnaires and in-depth interviews with the in-house counsels in Korea, this paper analyzes their composition, independence, roles, and the interaction with other departments in companies. The findings of the study suggest that the number of in-house counsels and the independence of corporate legal departments have greatly increased, while they tend to be engaged in routine legal affairs such as reviewing contracts, do not have many chances to participate in critical corporate decisions, and have limited interactions and communication with non-legal departments in the companies. It is suggested that the in-house counsels and corporate legal departments have somewhat limited influence in enhancing the rule of law in the corporate sector.