독일에서의 변호사의 비밀유지의무

Only when a attorney guarantees a confidentiality of the client, it could be established a trusting relationship between the client and the attorney. Therefore, there is no dispute that the duty of confidentiality is a basic duty of a lawyer, and korean act also stipulates this, but it is only declarative and fragmentary. As a contrary, in Germany, the Attorney's Act and the Rules of Attorney's Practice, the articles of association of the Federal Bar Association, not only have detailed regulations, but are constantly amended, so there are many things worth referring to. In particular, in relation to organizational and technical measures to be taken by lawyers to comply with the duty of confidentiality, social adequacy and harmonization with the Information Protection Act, and safe harbour rules related to the use of e-mail having been discussed. As a result, practical solutions are presented. On the other hand, unlike the United States, which regulates the duty or right of lawyers to maintain confidentiality based on the law of evidence, Germany comprehensively regulates this in terms of lawyer ethics and professional law. Furthermore, the Federal Bar Association is actively working to promote the rights and interests of lawyers, such as seeking standards suitable for legal practice, actively supporting discussions, and coordinating opinions with the Ministry of Justice.