변호사법상 법무법인등에 취업한 퇴직공직자에 관한 고찰

다국어 초록 (Multilingual Abstract)

The Legal Ethics and Professional Conduct Council (hereinafter referred to as the “Ethics Council”) shall be established in order to establish legal ethics and build a healthy legal climate.
The Ethics Council shall perform the work in each of the following subparagraphs:
1. Consulting about statutes and regulations, the legal system and policies for the establishment of legal ethics;
2. Analysis of the state of legal ethics and measures against violations of legal ethics;
3. Applications for the commencement of disciplinary action against those who violate statutes and regulations pertaining to legal ethics or request for investigations of such persons;
4. Other work, such as consulting about matters necessary to establish legal ethics.
When a person liable for registration of property referred to in Article 3 of the Public Service Ethics Act, or a retired public official, as non-attorney-at-law, who has served in a position of a specific grade prescribed by Presidential Decree or higher one (referred to as “retired public official” in this Article) is employed by a law firm, limited liability law firm or law firm partnership; or joint venture law firm as defined in subparagraph 9 of Article 2 of the Foreign Legal Consultant Act (hereafter referred to as “law firm, etc.” in this Article), such law firm, etc. shall submit a list of names of retired public officials whom it employs, to the local bar association having jurisdiction over its principal office without delay, and prepare and submit a statement of business of retired public officials of the preceding year in which the details of business activities, etc. are included, to the local bar association having jurisdiction over its principal office by the last day of January of each year.
Employment referred to ‘retired public officials entire activities to receive wages, salaries and others in any name, such as money and articles or economic benefits in return for the provision of labor or service.
Every local bar association shall submit data it receives pursuant to paragraph (1), to the Ethics Council. The chairperson of the Ethics Council may, when he or she finds as a result of examining data submitted pursuant to paragraph (4) that the relevant persons are suspected of having grounds for disciplinary action or committing any illegal act, file an application for the commencement of disciplinary proceedings against such persons with the President of the Korean Bar Association or request the investigation of such persons to the chief prosecutor of a district prosecutors office. Statements of duties referred to in paragraph (1) shall include the details of business activities of retired public officials, such as cases and affairs in which they are involved and other matters prescribed by Presidential Decree.
The following shall be entered into a name list submitted pursuant to Article 89-6 (1) of the Act:
1. Name of a retired public official;
2. Resident registration number of a retired public official;
3. Name of the institution for which a retired public official worked and his/her Grade at the time of retirement;
4. Date of employment when a retired public official worked at a law firm, etc.;
5. An attorney-at-law who is responsible for submission of the name list.

참고문헌 (Reference)

1 이성일, "현행 변호사법의 징계개시 신청권과 관련된 징계절차 규정의 문제점과 개선방안" 한국법학원 148 : 188-213, 2015

2 한상희, "헌법문제로서의 전관예우 방지 - 공적 권력의 사유화와 그 헌법문제 -" 한국헌법학회 17 (17): 91-134, 2011

3 박균성, "행정법강의" 박영사 2019

4 차성안, "해외의 전관예우 규제사례와 국내 규제방안 모색(2) - 해외사례를 토대로 한 퇴직법관의 변호사 개업 규제방안 -" 사법정책연구원 2019

5 왕성민, "퇴직공직자 취업제한 로펌 총 40곳으로 늘어"

6 대한변호사협회, "제7집 징계사례집[2015년 ~ 2018년 징계결정사례 중심]" 대한변호사협회 2019

7 김제완, "전관예우 실태 및 근절방안에 대한 법조인과 국민의 인식 연구" 안암법학회 (58) : 281-327, 2019

8 홍정선, "신행정법특강" 박영사 2018

9 국민권익위원회, "부정청탁 및 금품등 수수의 금지에 관한 법률 해설집"

10 국회사무처, "변호사법 일부개정법륦안(대안), 대안이유(의안번호 11659)"

11 배석준, "변협, 김앤장 등 대형로펌 4곳 첫 징계"

12 윤태석, "법관평가의 법제화방안 연구" 박영사 2016

13 최무현, "‘확장된’ 퇴직관리 관점에서 퇴직공직자 재취업 문제에 관한 정책방안 연구" 정부학연구소 21 (21): 5-35, 2015

14 법조윤리협의회, "2018년 현황보고" 법조윤리협의회 2018

15 법조윤리협의회, "2017년 현황보고" 법조윤리협의회 2017