[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The so-called ‘-sa’ professional industries such as lawyers, doctors, and tax accountants are entering a full-scale war with platforms.
As lawsuits and complaints continue between professional organizations in each field and platform companies, the disciplinary actions by the Korean Bar Association (KBA) against lawyers registered with LawTalk, a lawyer advertising service, are expected to influence other service sectors as well.
According to the legal community on the 3rd, the Seoul Bar Association plans to soon request the KBA to discipline affiliated lawyers who have not withdrawn from LawTalk, in accordance with the revised ‘Regulations on Lawyer Advertising’ effective from the 4th.
KBA to Push for Disciplinary Actions Against LawTalk-Registered Lawyers Starting April 4
In May, the KBA introduced a regulation prohibiting any payment of brokerage fees or economic benefits related to legal consultation connections or referrals, fundamentally blocking lawyer referrals or advertisements through platforms.
The Seoul Bar Association has already received disciplinary requests for about 500 lawyers who violated the Attorney-at-Law Act by joining legal platforms. According to Law & Company, the operator of LawTalk, the number of registered lawyers once nearing 4,000 has recently dropped to the 3,000 range, but mass disciplinary actions against more than 10% of the total practicing lawyers (about 24,000) cannot be ruled out.
However, even if the KBA Disciplinary Committee decides on disciplinary measures, there remains a possibility that the decision could be overturned if disciplined lawyers appeal to the Ministry of Justice’s disciplinary committee. Minister Park Beom-gye has repeatedly stated that LawTalk is a “legal service.” This is likely not just his personal opinion but a conclusion reached after legal review by the Ministry’s legal team, raising prospects that the KBA’s regulation revision and disciplinary actions may fail.
In addition, investigations are underway by the Fair Trade Commission following complaints from LawTalk, and the Constitutional Court is currently reviewing constitutional complaints and provisional injunction cases.
If lawsuits are filed against the KBA’s disciplinary actions or Fair Trade Commission measures and court rulings are made, or if the Constitutional Court issues a final judgment on basic rights infringement, these could set standards for disputes involving platform companies in other fields.
Doctors, Pharmacists, and Licensed Real Estate Agents Also in Conflict... Need to Find a Compromise Between Professionalism and Consumer Benefits
Meanwhile, as most daily activities such as food delivery, accommodation reservations, and taxi or designated driver calls are conducted through smartphone applications, platform startups leveraging IT technology are entering professional fields requiring certifications, intensifying conflicts across various sectors.
In the medical field, platforms providing plastic surgery information and hospital advertising services such as ‘Gangnam Unni’ and ‘Babytalk’ are clashing with the Korean Medical Association over the scope of prior review for medical advertisements.
Tax accounting startup Jarvis & Villains, which operates ‘SamzzumSam’ offering comprehensive income tax filing and tax refund services, was criminally reported by the Korean Association of Tax Accountants in March for violating the Tax Accountant Act.
Conflicts between Zigbang, which launched the real estate information platform ‘Ontact Partners,’ and the Korea Association of Licensed Real Estate Agents are also escalating. Previously, Naver, which had conflicts with the industry over measures to verify ‘false real estate listings,’ eventually conceded.
Experts point out that ultimately, finding a compromise between the needs of both consumers and providers is key. However, they advise that platforms in professional fields should operate differently from general platforms.
Kim Kyung-hwan, lead attorney at Minhoo Law Firm, said, “Fundamentally, both consumer benefits and professional expertise must be considered,” adding, “A compromise should be found so that choices can be made based on expertise.”
He noted, “Experts dislike being submerged or subordinated to platforms,” and “If those who pay more for advertising, rather than those with skills, become prominent, consumers will end up making unfavorable choices.”
He continued, “Especially in professional fields, operations should consider the unique expertise of providers that cannot be replaced, but currently, the system is somewhat skewed toward the consumer’s perspective, which is problematic.”
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