사내변호사에 대한 변호인·의뢰인 특권 적용에 대한 연구

While there are laws and regulations that can be construed as providing some protection for the attorney-client privilege regarding communications between an attorney and its client in Korea there is no law that specifically addresses such protection for the communications between the corporate attorney and its client. This article examines some of the dynamics of the corporate attorney-client privilege in Korea and abroad, with particular attention to those in the United States and the European Union. This article explores some of the major issues surrounding the corporate attorney-client privilege in relation to several U.S. and EU cases. Although it is understood that in the context of criminal proceedings the right to be represented by legal counsel is protected by the Korean constitution,the right to be assisted by legal counsel in the context of administrative or civil proceedings is not specifically addressed in the law in Korea. With the increase in the number of corporations that are exposed to such administrative,civil and criminal proceedings, it is becoming increasingly important to examine whether the corporate attorney-client privilege should protected by law in Korea. The article argues that such corporate attorney-client privilege will serve its function of protecting the constitutional rights without interfering with the judicial and/or administrative systems by allowing such protection for communications that are clearly legal advise or opinion. It further concludes that affording corporate attorney-client privilege protection will enhance the compliance of laws and regulations by corporations by fostering an atmosphere of trust and transparency within the corporate attorney and its client.