법조윤리협의회의 기능 및 권한에 관한 고찰

The Legal Ethics and Professional Conduct Council (hereinafter referred to as the “Ethics Council”) shall be established in order to establish legal ethics and build a healthy legal climate. The Ethics Council may, if deemed necessary for the performance of work, such as application for the commencement of disciplinary actions or request for investigations under paragraph (1) 3, require that any person, agency, organization, etc. concerned make a referral for fact-finding, submit data, or attend a meeting of the Ethics Council to make statements or explanations; if the person, agency, organization, etc. concerned refuses such request without due cause, the Ethics Council may direct its staff members to enter upon the relevant law firm, limited liability law firm, law firm partnership, law office, or joint venture law firm as defined in subparagraph 9 of Article 2 of the Foreign Legal Consultant Act for site investigation. In such cases, the person, agency, organization, etc. so requested shall comply with the request. An attorney-at-law retired from public office shall submit retainer agreement data regarding cases that he/she has accepted and reports on case results for two years from the date he/she retired from office, to the local bar association with which he/she is affiliated within each period prescribed by Presidential Decree. The provisions of paragraph (1) shall also apply where any attorney-at-law retired from public office is designated as an attorney-at-law in charge in a law firm, a limited liability law firm or a law firm partnership under Article 50, 58-16 or 58-30, or in a joint venture law firm pursuant to Article 35-20 of the Foreign Legal Consultant Act. Each local bar association shall submit data it receives under paragraph (1) to the Ethics Council. The chairperson of the Ethics Council may, when he or she finds that an attorney-at-law retired from public office is suspected of falling under the grounds for disciplinary action under Article 91 or committing any illegal act, file an application for the commencement of disciplinary proceedings against such attorney-at-law with the President of the Korean Bar Association or the chief prosecutor of a district prosecutors' office concerned, or request the investigation of such attorney-at-law. Each local bar association shall submit to the Ethics Council the names and case lists of the attorneys-at-law (including attorneys-at-law in charge belonging to law firms, limited liability law firms and law firm partnerships under Articles 50, 58-16 and 58-30 and attorneys-at-law in charge belonging to joint venture law firms under Article 35-20 of the Foreign Legal Consultant Act; hereinafter referred to as “relevant attorney-at-law”) who has accepted cases in excess of the number prescribed by Presidential Decree.