Constitutional Court Rules Unconstitutional to Require 'Ongoing Litigation' Proof from Prison Visit Lawyers

[Image source=Yonhap News]

[Asia Economy Reporter Baek Kyunghwan] The Constitutional Court ruled that requiring lawyers to submit proof that a lawsuit is ongoing when meeting with incarcerated clients violates the Constitution.

On the 28th, the Constitutional Court declared unconstitutional the provision in the "Enforcement Rules of the Act on the Execution of Sentences and Treatment of Prisoners" that mandates submitting evidence of ongoing litigation, in response to a constitutional complaint filed by lawyer A, who argued that this infringes on the freedom to practice their profession.

Lawyer A was appointed to file a criminal retrial request for an incarcerated client and applied for a visit at the prison. However, the prison responded that a lawyer could only meet the client if documents proving that the lawsuit was ongoing were submitted. Ultimately, Lawyer A had to conduct a general visit.

The majority opinion stated, "The provision under review intended to protect the right to file lawsuits by guaranteeing lawyer visits more strongly than general visits, but by requiring submission of proof of ongoing litigation, it produced a result contrary to the Constitutional Court's intent," adding, "This violates the principle of proportionality."