[Interview] Kim Jung-wook, New Bar Association President, "Will Resolve Lawyer's Professional Rights Protection and Advocacy Through 'Communication'"

"The most important thing is 'communication.'

On the 24th of last month, Kim Jeong-wook, president of the Korean Bar Association (46, 2nd Bar Exam), who became the first law school graduate to lead a nationwide lawyers' organization, emphasized communication as the first key to solving the pressing issues in the legal profession. He said, "I will steadily resolve current issues through active dialogue not only with members but also with institutions such as courts and the Ministry of Justice, legal tech companies, and the public."

Kim Jung-wook, President of the Korean Bar Association, being interviewed by Asia Economy at the Korean Bar Association Hall in Seocho-gu, Seoul, on the afternoon of the 6th. Photo by Jo Yong-jun

Already during his tenure as president of the Seoul Bar Association, President Kim had experience practicing the importance of communication by operating a KakaoTalk group chat with over 7,000 participants. He stated, "Establishing a permanent communication channel between institutions is an urgent task," and added, "We will set up a 'hotline' with the government and courts to discuss concrete measures."

The interview with Asia Economy held on the afternoon of the 6th at the Korean Bar Association building in Seocho-gu, Seoul, also reflected his communication philosophy. Regarding his request for a 100% face-to-face interview instead of written questions, he explained, "If conducted through pre-written interviews, the questions tend to be similar, making the articles alike, but direct conversation allows for a variety of stories." Throughout the 1 hour and 30 minutes interview, he answered questions very honestly and in detail.

When asked about his inauguration feelings, President Kim recalled, "The term 'first' kept following me. When I took office as president of the Seoul Bar Association at the age of 43 in 2021, I was the first law school graduate to do so, and the second youngest among all past local bar association presidents. I felt a heavy burden that if I, as a law school graduate, failed to perform well, all law school graduate lawyers might be negatively evaluated."

He was also the first to be re-elected as president of the Seoul Bar Association. President Kim said, "It took time to get things done. Laws, policies, welfare?all needed time. Two years was too short. After much consideration, I challenged re-election, which was unprecedented."

He said, "This time, three 'firsts' followed me: the first law school graduate president of the Bar Association, the first elected president in his 40s, and the first president with a three-year term," adding, "The responsibility is heavy."

He was not initially interested in the affairs of lawyers' organizations. President Kim said, "Honestly, I never thought I would engage in political activities or anything similar in my life," and added, "I graduated from an engineering school, completed a master's degree, and worked as a research engineer for over three years." He said, "I filed 37 patents under my name, with about 13 registered, and received substantial compensation for job-related inventions."

President Kim was slated to become an in-house counsel at a major corporation, but the appointment was delayed for various reasons. During that period, he received a notification of passing the bar and served as the secretary-general of the Korean Bar Association. He recalled, "At that time, there were many problems within the Bar Association, especially serious conflicts between generations of lawyers." To resolve these issues, he pushed for the establishment of the 'Korean Legal Professionals Association,' but no one readily volunteered to be president. After deep consideration, he decided to serve as president for about a year, and that activity continued until now.

After resigning as secretary-general of the Bar Association, President Kim opened a law office and earned considerable income by leveraging his expertise. At one point, he established a law firm with like-minded people, growing it to over 20 affiliated lawyers. However, as he was re-elected president of the Seoul Bar Association, he was unable to practice law for a long period, and eventually, the law firm was dissolved.

Kim Jung-wook, President of the Korean Bar Association, being interviewed by Asia Economy at the Korean Bar Association Hall in Seocho-gu, Seoul, on the afternoon of the 6th. Photo by Jo Yong-jun

First, he addressed the issue of protecting professional jurisdiction. "Before the introduction of law schools, in 2006-2007, the Judicial System Reform Promotion Committee discussed adopting the American-style law school system and consolidating similar professions, agreeing to unify them under law schools in the long term," he said. "I can say without hesitation that Korea has the most similar professions in the world."

He continued, "For over a decade, the legal profession insisted on protecting their own jurisdictions, while other similar professions continuously demanded lawyers relinquish litigation-related authority, and in fact, took several rights." President Kim said, "If the logic is that tax accountants should handle tax litigation because they know tax law well, then architects should handle construction-related lawsuits, and doctors should handle medical malpractice lawsuits themselves."

Regarding the revival of the 'criminal success fee,' which was abolished by Supreme Court precedent, he said, "There were doubts about the background of the Supreme Court precedent that invalidated criminal success fees. In fact, the issue was not a major point in the case at the time, but there was suspicion that it was a way to pressure the Bar Association's executive opposing the establishment of a high court, essentially disciplining lawyers."

He added, "The precedent contradicted the intent of previous rulings related to disposition documents and was logically inconsistent, resulting in negative outcomes. Law firms commonly included success fees in advance in retainers, leading to increased fees and limiting legal consumers' freedom to negotiate fees by adjusting retainer amounts and success fee ratios."

In fact, after the precedent, the industry adopted the practice of including success fees, which were originally paid afterward, in the retainer at the contract stage, returning them if the success conditions were not met, or receiving success fees under the name of 'consultation fees.' Some clients, despite achieving the agreed success conditions such as avoiding detention or receiving probation, have frequently filed disputes claiming refunds of prepaid success fees based on the Supreme Court precedent.

Above all, in a country where the principle of freedom of contract is guaranteed, treating fee contracts freely made by both parties as automatically invalid just because they relate to criminal cases contradicts the ideals of our Constitution and the civil law system.

He said, "We are continuously trying to have the Supreme Court reconsider the criminal success fee issue. Although the Supreme Court dismissed a case without hearing last year, we plan to appeal again this year in cases involving lawyer fees to seek a new judgment."

President Kim holds the view that the 'law school vacancy replacement system' should be abolished. He said, "The law school quota is set at 2,000, so why are 2,150 students admitted?" and criticized, "The law stipulates transfer admissions, but instead of accepting transfers, an abnormal system not provided by law is implemented through enforcement decrees, extending the implementation period, which is abnormal."

Regarding responses to legal platforms and newly emerging network law firms, which caused serious conflicts with the previous administration, President Kim plans to seek solutions through communication rather than regulation-focused policies. He said, "In fact, during the previous administration, the Seoul Bar Association shared the basic stance with the Bar Association regarding intermediary lawyer advertisements on platforms, but there were differences in regulatory methods. I was often misunderstood as leading disciplinary actions against lawyers registered on LawTalk, but that was not the case. The matter was handled confidentially until it passed the board of directors."

Regarding network law firms, President Kim said, "It is true that network law firms, by spending huge advertising budgets to receive cases, have impacted smaller law firms and offices, increasing the overall advertising burden in the legal community. They use terms like headquarters and branches, which are not defined by law, creating unfair expectations for clients and leaving negative precedents." However, he added, "Regulation is necessary due to such side effects, but since it is also a business method, we intend to regulate at an appropriate level rather than outright."

He continued, "Throughout this process, we will continue communicating with members, conducting surveys and notices as needed to build consensus." He said, "We revised some lawyer advertising regulations last month and plan to implement necessary regulatory measures through further revisions."

Also, President Kim said, "Regarding legal AI, it should be a tool used by lawyers to provide legal services," adding, "That aligns with the purpose of the professional system." He further said, "When you go abroad, it is widely accepted that 'AI does not take responsibility,' and 'companies do not take responsibility.'"

The lawyer advertising regulations revised last month include prohibitions on advertisements using names other than the main office or branch office as defined by the Attorney-at-Law Act, advertisements emphasizing public office positions to solicit clients or using the term 'former official,' and require lawyers to register AI systems used in their work according to association certification standards when advertising the use of AI.

Meanwhile, President Kim set as major goals the passage of seven proposed bills, including the lawyer's right to confidentiality (ACP), the discovery system, the introduction of a three-tier appeal system for unfair Fair Trade Commission dispositions, abolition of VAT on litigation costs, amendments to the Act on External Audit of Stock Companies, amendments to the Attorney-at-Law Act for enhanced penalties on crimes against lawyers, and partial amendments to the Apartment Management Act to expand lawyers' work areas. He said, "To strengthen lobbying activities in the National Assembly, we plan to organize 'Legislative Lawyer Groups' by key constituencies nationwide and expand full-time staff at the Legislative Support Center."

President Kim also expressed strong views on the political neutrality of the Bar Association, a statutory organization. He said, "As politics becomes polarized and phenomena like 'judicialization of politics' and 'politicization of the judiciary' intensify, no matter how neutrally we speak, people interpret it politically to suit their own tastes," adding, "I will strictly maintain political neutrality myself."

He continued, "The Korean Bar Association is the place in Korea where voices can be raised based on the most thorough legal review and laws," and said, "We will exclude all political forces and provide the most verified opinions as legal experts."

During his three-year term, President Kim will serve ex officio on candidate recommendation committees for major public offices such as the Chief Justice and Justices of the Supreme Court, Constitutional Court Justices, Prosecutor General, and head of the Corruption Investigation Office for High-ranking Officials. He said, "After receiving candidate recommendations from local bar associations, we will conduct internal verification to recommend candidates with integrity, expertise, and political neutrality," adding, "We plan to exclude those with political affiliations as much as possible."

Additionally, he revealed plans to focus on 'supporting young lawyers' through operating a comprehensive startup support center and hosting job fairs, and 'supporting work-family balance' by exempting monthly fees for members with newborn families and expanding agreements for court workplace daycare centers nationwide.

Kim Jung-wook, President of the Korean Bar Association, being interviewed by Asia Economy at the Korean Bar Association Hall in Seocho-gu, Seoul, on the afternoon of the 6th. Photo by Jo Yong-jun

At the end of the interview, when asked if he plans to enter politics after his term, President Kim said, "I have been asked that question several times, but I have never thought about it," and paused. He added, "If a good opportunity arises as a continuation of what I have done, I would not refuse, but right now, I have no time to think about it because I need to solve many pressing issues at the Korean Bar Association," smiling brightly.

Throughout the interview, his sincerity was palpable. His enthusiasm to work wholeheartedly for members seemed stronger than anyone else's, but his determination to solve problems flexibly by communicating diligently with other similar professions, legal platforms, and network law firms without insisting on professional self-interest was firm. He also appeared ready to propose thoroughly prepared bills with related organizations and personnel and to closely communicate with the government, courts, and the National Assembly to realize his pledges.

He was the freshest-feeling president among about ten Bar Association presidents the reporter has met as a legal journalist, with a face that looks much younger than his actual age. Above all, there was an expectation that public trust in the Bar Association could be restored during his tenure.