[In-Depth Review] Public Interest Law Activities Abroad and the Reality in Korea

In 1975, an average of seven lawyers were active in each of the 86 public interest law organizations in the United States, and the number of lawyers working full-time in public interest law was 3,236, accounting for about 0.7% of all lawyers. Thirty years later, in 2004, the number of lawyers engaged in public interest law in the U.S. reached 13,715, representing 1.3% of all lawyers. A 2007 survey of about 50 public interest law organizations in the U.S. found that the median number of members was 30 (ranging from a minimum of 5 to a maximum of 425). These organizations were operated through active donations from foundations and individuals, and more than half of them had budgets ranging from $1 million (approximately 1.2 billion KRW) to $5 million (approximately 6.2 billion KRW).

For example, Earth Justice, a nonprofit public interest law organization founded in 1971 in the U.S. that deals with environmental issues, has 170 lawyers working across 14 regions and is currently handling over 630 cases. Among the 50 major rulings selected last year to commemorate its 50th anniversary, remarkable achievements stand out, such as rulings on the right to breathe and the preservation of habitats for salmon and sea turtles. They go to court for the future of the planet, but they say litigation is not the entirety of their movement. The results of lawsuits are strengthened through legislation and institutional improvements and spread nationwide.

In Australia, lawyers also engage in nonprofit public interest law activities at Community Legal Centres (CLCs). These centers go beyond legal support to also conduct legal education, rights advocacy, and institutional reform activities. In New South Wales, where Sydney is located, there are 40 community legal centers, of which 19 are general centers and 21 are specialized centers. The specialized centers focus on specific areas such as animal rights, arts, disability, environment, migration, elderly, and children, conducting public interest law activities.

The Japan Federation of Bar Associations, which plays a role similar to the Korean Bar Association, collected a special monthly fee of 1,000 yen per lawyer member from January 2000 to March 2016 to support improving judicial accessibility in underserved areas. Since April 2016, this has been continued through the general account. As of July 1, 2020, among the 121 offices established with support from the Japan Federation of Bar Associations, 82 offices have settled in local communities, 3 offices have closed, and 36 offices are currently supported.

In 2022, South Korea entered the era of 30,000 lawyers, but the number of lawyers working full-time in public interest law remains about 120, only 0.4%. Non-lawyer activists working alongside lawyers within public interest law organizations to create change are even rarer. Although there are many laws and systems that need revision to create a better society, many colleagues experience severe burnout while working with limited budgets and personnel.

Looking at overseas public interest law organizations and activities, their budgets and personnel are enviable, but what is most enviable are their sustained activities and brilliant achievements. The virtuous cycle of balanced growth in budget, personnel, and achievements is possible because citizens empathize with the necessity and effectiveness of public interest law activities and contribute their support, creating a social atmosphere. It is important to care for each individual’s life, and it is also important to create an institutional environment that opens possibilities for everyone’s lives. To build the society we want to live in, it is time to pay more attention to supporting and sponsoring public interest law activities.

Attorney Mahan Eol, Duru Corporation