Seoul Bar Association Welcomes Passage of Attorney-Client Privilege Bill by Judiciary Committee, Calls for Substantial Protection of Right to Counsel

"South Korea Remains the Only OECD Country Without ACP...
Hoping to Enhance Trust in the Domestic Legal Market"

The Seoul Bar Association (President Cho Soonyeol) announced on December 19 that it welcomes the passage of the amendment to the Attorney-at-Law Act, which centers on introducing Attorney-Client Privilege (ACP), by the National Assembly’s Legislation and Judiciary Committee.

In a press release, the Seoul Bar Association stated, “We express our active and wholehearted welcome for the passage of the ‘Partial Amendment to the Attorney-at-Law Act’ by the National Assembly’s Legislation and Judiciary Committee the previous day.” ACP refers to the right not to disclose any conversations or materials exchanged between an attorney and a client-including consultations and legal advice-to third parties.

The Seoul Bar Association pointed out that the current Attorney-at-Law Act only stipulates the ‘duty of confidentiality’ for attorneys, but does not provide an explicit legal basis for refusing searches and seizures by investigative agencies regarding communications between attorneys and clients. The association added, “This legislative gap has led to cases where the constitutional rights to counsel and to a fair trial have been infringed.”

Since publishing a research report in 2013, the Seoul Bar Association has continued its efforts for the introduction of ACP, including hosting symposiums and legislative concerts. Even after President Cho took office, the association has continued visiting the National Assembly and meeting with lawmakers.

The Seoul Bar Association explained, “South Korea remains virtually the only country among the 38 OECD member states that has not yet introduced ACP. If the amendment passes the National Assembly plenary session, the confidentiality of communications and materials exchanged between attorneys and clients will be clearly guaranteed, and the constitutional right to counsel will be substantively realized.”

The association further stated, “We hope this bill will be swiftly passed at the National Assembly plenary session, thereby providing substantial protection for the constitutional right to counsel and enhancing trust in the domestic legal market.”