변호사의 비밀유지의무와 권리에 관한 고찰

The attorney’s duty to protect the client is too natural as a professional ethics of the lawyer. However, the client’s secret, which at least does not need the value to protect, is an exception to the lawyer’s confidentiality obligation, as there is concern about the lawyer’s public interest status and conflicts of interest. Nevertheless, since there is room for the lawyer to worry about leaking the secret at any time, such as submitting his secret to a third party such as the investigation agency, there is a need for law to ensure and guarantee that the client has the right to receive assistance from the lawyer. In this case, it is necessary to clarify its requirements and scope, etc. When a lawyer is allowed to refuse disclosure in certain cases, even if he or she is aware of his or her client’s misconduct, this is closely related to what the critical need for public interest is after all. The lawyer’s right to secrecy shall be recognized only by a lawyer who is commissioned to a criminal case, only by his or her right to protect the client’s secrets. The lawyer shall not have the right to secrecy for clients who have learned about their duties, as well as the absence of confidentiality and the right to secrecy for clients when they are concerned about the severity of the crime and the consequences as well as the prevention of death or serious personal injury, and the need for the maintenance of national safety and public order. In the event of no significant public interest, a lawyer shall not initiate or use any documents or materials obtained from the client or another person for client, such as notes, comments, or documents against the client’s will. In such a case, the court and the investigative body shall not require or permit the lawyer to disclose them as evidence.