변호사 징계제도의 개선에 관한 소고-영국의 변호사징계제도와의 비교를 중심으로

The practice of the attorney calls for the highest professional responsibility since the profession calls for the utmost publicness, thus enjoys many priviliges not granted to other professions. The regulation of disciplinary system in Korea is based on the Korean Attorney-at-law Act and the Attorney Disciplinary Rules of Korean Bar Association, which concurrently provide the grounds for sanctions such as cases where an attorney-at-law is sentenced to imprisonment without labor or greater punishment on not less than two occasions in connection with the duties of an attorney-at-law and the execution of such sentence is made definite, where he or she violates the Korean Attorney-at-law Act, the regulations of a local bar association or of the Korean Bar Association, or where he or she engages in conduct which damages his/her dignity as an attorney-at-law. However the provisions regarding the grounds for sanctions are simple and abstract and do not present the pertinent requirements and standards in deciding the level of sanctions for the professional misconduct. Compared to the Korean system, the disciplinary system in U.K. presents a good example in elaborating the grounds for sanctions in detail and enumerating the circumstances, the available types and range of sanctions, the aggravating or mitigating factors, etc., by the rules and guidance of the respective regulating bodies of solictors and barristers. In this regard, this paper will firstly overview of the outlines of the disciplinary system of U.K., analyze the procedures, grounds and the guidance thereof provided by the rules and guidances of Bar Standards Board and Solicitors Regulation Authority, and finally examine their implications to the Korean legislation.