Two Current Vice Presidents Running... Critical Moment for the Bar Association President Election Amid Lotoc Conflicts

[Asia Economy Reporter Kim Hyung-min] The election to choose the next head of the Korean Bar Association (KBA), the largest and most prestigious lawyer organization in South Korea, has recently begun, entering the full-fledged race. The newly elected president is expected to face the challenge of resolving conflicts with the legal service platform 'Lotoc' and protecting the professional domain of Korean lawyers amid the winds of change brought by the opening of the domestic legal market, drawing increased attention from the legal community.

According to the legal community on the 6th, the 52nd KBA presidential election is a three-way contest. Candidates include No. 1 Kim Young-hoon (58, Judicial Research and Training Institute Class 27), No. 2 Ahn Byung-hee (60, Military Court 7th Class), and Park Jong-heun (56, Class 31). The candidates will campaign from the 2nd of this month until January 15th of next year. The election will be held only by in-person voting on January 16th next year.

Lawyers are particularly curious about the candidates' views on Lotoc. The ongoing conflict between the KBA and Lotoc, which has lasted six years, is expected to hinge on who becomes the next KBA president. Since 2014, the KBA has been in conflict with Lotoc, which provides legal services, accusing it of violating the current Attorney-at-Law Act that prohibits non-lawyers from mediating lawyers. Lotoc, on the other hand, argues that it only charges pure 'advertising fees' rather than brokerage or referral 'commissions,' and therefore cannot be considered a legal broker. The KBA has reported Lotoc to the prosecution and the Fair Trade Commission to have their claims recognized, but most cases have resulted in no charges or non-prosecution.

If Kim Young-hoon or Park Jong-heun, currently vice presidents of the KBA, are elected president, the conflict with Lotoc is likely to intensify. Kim was also responsible for launching the platform service 'My Lawyer,' created by the KBA as a countermeasure against Lotoc. His main campaign pledge is "Out with private platforms." Ahn, who is not part of the current KBA executive team, also stated, "The legal profession is facing an unprecedented crisis," citing the legal platform issue as the reason. He pledged to "resolve the platform issue within 100 days."

Besides the Lotoc issue, the Korean legal market is facing winds of change, making candidates' visions on this matter a point of interest. Recently, the opening of the domestic legal market to foreign entities has expanded further. On the 29th of last month, the Ministry of Justice approved the establishment of a joint law firm between the domestic law firm Bohum Law Firm and the UK law firm Ashurst. Since the legal service market was opened in three stages under the Free Trade Agreement (FTA), this is the first time a joint law firm has been approved. Such cases are expected to increase. The Ministry of Justice stated, "The establishment of joint firms will promote competition in the domestic legal market, provide the public with a wider range of choices, and contribute to strengthening the competitiveness of domestic legal services," expressing its intention to gradually increase such approvals. The establishment of joint firms between Korean and foreign law firms means an expansion of foreign lawyers' entry into the Korean market and poses the challenge for Korean lawyers to compete with foreign lawyers.

In this regard, Kim and Ahn promised to "protect and expand the professional domain of lawyers." Park Jong-heun also said, "I am running to protect members' rights and enhance the status of the KBA."