변호사의 공익 대변 이념의 구현: 변호사의 공익활동 지원을 위한 입법방안

Legal service market will be rapidly restructured the consumer-driven market by turning lawyers out through law school system and the bar exam. Being the consumer-driven market, that means it can be more speak for the interest of their clients during the lawyer’s duties. That causes tension on the idea of a lawyer’s representing the public interest. It is basis on the existence of the profession, a lawyer, to the lawyer’s representing the public interest. So we still pursue that although legal service market will be reorganized the consumer-driven market. For realizing idea of a lawyer’s representing the public interest, it should be strengthened to a lawyer’s activities for public interest. The Lawyer’s indexes for the public interest activities are provision of legal services, nonprofit and public good tendency. But it is unable to enhance lawyer’s public interest activities that obligation for public good strengthened as regulating on attorneys-at-law act. Because that is based on ethical character. The national welfare policy such as legal aid is just relating to idea of a lawyer’s representing the public interest indirectly. However, in the South Korea lawyers community, the exclusive organization for public good naturally arose among public interest lawyers. This situation has the most direct relationship with realizing idea of representing the public interest. But it collides in attorneys-at-law act, Article 34, paragraph 4, that lawyer’s exclusive organization for public good choose method for benefit. So that is causing problems in the legal disability to activate organization. We should be adopted to public interest law firm system which is new system of lawyers organization. Because we have to enable activating of lawyer’s exclusive organization for public good and remove legal obstacles about that. Public interest law firm system is based on law firm system but that is enhanced nonprofit tendency. For the financial stability of public interest law, relax regulations about raising subscriptions and need supporting to tax law for getting deductions or processing costs. If it assure impartiality and objectivity, we can support the government´s budget. In this case, supporting through a neutral institution such as legal ethics council is more desirable directly supporting. It needs adding conditions about attorneys-at-law act, Article 34, paragraph 4, and giving grounds of law when a individual lawyer work in organization for public interest.