20 Years of Participation in 835 Public Interest Lawsuits
Over 4,000 People Trained and Mediated in Public Interest Law
"I Want to Be a 'Friend-like' Lawyer You Can Find Without Worrying About Fees"
"Over the past 20 years, the number of public interest lawyers has increased and the landscape of public interest law has expanded accordingly. However, as technology and society have become more complex and advanced, the human rights violations faced by the vulnerable have become increasingly acute. I believe that the path of pioneering should never end."
Hwang Pil-gyu (56, Judicial Research and Training Institute Class 34), who joined the Gonggam Public Interest and Human Rights Law Foundation (hereafter Gonggam) in 2005 and has been engaged in refugee and migrant human rights activities for 19 years, answered questions about Gonggam’s journey with a mindset focused on the "future." He emphasized, "In cases involving cross-border human rights issues, experts to call upon and overseas networks are needed, but when these resources are lacking, one can only sit at a desk and write documents. It is urgent to gather human and material resources so that we can play a fair game against opponents with vast resources, such as governments or corporations."
Attorney Hwang Pil-gyu
On the 22nd, the Legal Times met with Gonggam members at their office in Jongno-gu, Seoul, to hear their reflections. The phrase on the front of the booklet published for the 20th anniversary, "We hoped to become approachable lawyers like friends who can be visited without worrying about legal fees," stood out.
Gonggam began in January 2004 when four rookie lawyers (Kim Young-soo, So Ra-mi, Yeom Hyung-guk, and Jung Jung-hoon), who had just completed the Judicial Research and Training Institute (Class 33), formed the 'Public Interest Lawyer Group Gonggam,' a legal group empathizing with the vulnerable. Over 20 years, Gonggam has grown into an organization with 12 members (9 lawyers and 3 clerks).
The 20 years of Gonggam have paralleled efforts to advance the human rights of the vulnerable and minorities in Korean society. They have led the publicization and resolution of rights violations faced by refugees, migrants, the homeless, people with disabilities, sexual minorities, women, and vulnerable workers. Following the Sewol ferry disaster in 2014, they began fully supporting victims and bereaved families of social disasters. They have also rolled up their sleeves to protect the rights of climate-vulnerable groups who suffer first from heatwaves, heavy rains, and severe cold in the climate crisis era. Over 20 years, Gonggam members, alongside fellow public interest lawyers and civil society activists, have participated in a total of 835 public interest lawsuits and have worked on improving 129 laws and systems.
Attorney Jang Seo-yeon
As the 'eldest' among public interest lawyer groups, Gonggam has actively participated in expanding the public interest law ecosystem. After Gonggam established itself, subsequent public interest law organizations that benchmarked its operating method?running solely on donations and sponsorships without handling personal lawsuits?were founded one after another. Representative examples include the Public Interest Law Center Appeal (2011), the Hope-Making Law Group of Public Interest Human Rights Lawyers (2012), and Together with Public Interest Lawyers (2015). Approximately 4,000 people have passed through Gonggam’s public interest law education and mediation activities over 20 years, including practical training at the Judicial Research and Training Institute and law schools, volunteer activities, human rights law camps, public interest lawyer self-support projects, and roundtables.
When Attorney Hwang Pil-gyu joined Gonggam in 2005, there were only about ten full-time public interest lawyers in Korea, but that number has increased more than tenfold over the past 20 years. According to a joint survey by the nonprofit Durwoo and the Legal Times, there were 117 lawyers engaged full-time in public interest activities as of the end of 2023. However, this represents only 0.33% of the total 34,660 lawyers registered with the Korean Bar Association. There is a growing call inside and outside the legal community to raise this ratio to 1%.
Attorney Hwang pointed out that gathering human and material resources is urgent for the quantitative expansion and qualitative growth of Korea’s public interest law ecosystem. "I hope a social awareness and culture will form that supports human and material resources for public interest law activities and similar efforts. For example, there have been ongoing calls to improve the poor treatment of public interest lawyers, and many organizations established after Gonggam still have poor working conditions. If at least sustainable salaries can be secured, more people will want to pursue the path of public interest law, and the atmosphere that demands one-sided dedication on an uneven playing field might be alleviated."
Attorney Kim Ji-rim
Over 20 years, 2,421 applications for lawsuit support have been received through the Gonggam website. Gonggam lawyers have participated in lawsuits that became turning points for advancing the rights of the socially vulnerable and minorities. A representative case is the ‘shrimp-bending’ torture incident involving a refugee applicant at Hwaseong Foreigners Detention Center (2021). Attorney Kim Ji-rim (35, Bar Exam 5th) recalled, "By reviewing closed-circuit television (CCTV) footage obtained through the court, we confirmed that ‘shrimp-bending’ torture was inflicted, where the victim’s arms and legs were tied behind their back, causing painful postures." This case not only helped the victim but also led to improvements in guidelines regarding the use and duration of protective equipment in detention centers and influenced the Constitutional Court’s March 2023 ruling declaring unconstitutional the Immigration Control Act provisions allowing indefinite detention of foreigners. Attorney Kim noted, "This means that various organizations supporting migrants and refugees held dozens of meetings to respond to the issue together, engaging in solidarity activities such as system reform, victim assistance, and public awareness campaigns."
Attorney Kang Ji-yoon (U.S. licensed lawyer)
The ‘subway platform gap discrimination relief lawsuit’ conducted by Gonggam’s Disability Rights Team was lost, but ironically, it led social change. The case began when a severely physically disabled person using an electric wheelchair was injured while alighting from the subway and shared the incident on social media. Gonggam filed a lawsuit against Seoul Metro, demanding prevention of repeated accidents caused by the wide gap between the subway platform and train and guaranteeing the ‘right to safe mobility’ for transportation-vulnerable groups, including people with disabilities. However, the case was lost in both the first and second trials. In the 2021 appeal, the Seoul High Court recognized that the ‘portable footboard’ and its provision at each subway station did not constitute reasonable accommodation enabling disabled passengers to use the subway on an equal basis with non-disabled passengers and acknowledged it as ‘discriminatory conduct.’ However, the court ruled that Seoul Metro had ‘justifiable reasons’ for not correcting the discrimination.
Attorney Cho Mi-yeon (35, 7th Bar Exam) said, "During the three years of litigation, the case served as an opportunity to raise social awareness about subway platform gaps and the mobility rights of people with disabilities. It also sparked calls for exceptions to the costs of losing public interest lawsuits and for systemic improvements. In 2023, Seoul Metro announced plans to expand the installation of automatic safety footboards to prevent ‘foot slip accidents’ between the subway and platform. I look forward to a future where everyone can move safely through the subway without distinction between ‘wheelchair wheel slip accidents’ and ‘foot slip accidents.’"
Attorney Cho In-young
When asked whether they feel a sense of responsibility or burden as the first public interest lawyer group in Korea, Cho In-young (33, 10th Bar Exam), who joined Gonggam in 2022 and works in the Disability Rights Team, replied, "As a new member, I feel a strong responsibility and burden to continue Gonggam’s history and legacy. There is pressure to engage in important issues and to participate in relatively neglected issues because it’s Gonggam. But it serves as good motivation."
Although members joined Gonggam at different times, they shared the same feelings about the 20th anniversary: ‘gratitude and responsibility.’ The 20th anniversary seemed to be a moment for Gonggam members to pause, look around, and catch their breath. Lim Ki-hwa, who joined Gonggam in 2017 and is in charge of fundraising as a clerk, said, "When I talk with donors, some say, ‘Thank you for doing good work.’ Each time, I respond, ‘We thank you more.’ But I think words alone are not enough. The strength for Gonggam to move forward comes from the hearts and support of each member. I will do my best in my position so that Gonggam can continue to do better work."
Hong Yoon-ji, Legal Times Reporter
※This article is based on content supplied by Law Times.
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