변호사법상 법무법인ㆍ법무법인(유한)ㆍ법무조합의 책임에 관한 연구 = A Study on Liabilities of Law firmㆍLaw firm (limited-liability)ㆍ Lawyers Union based on Attorney Law

다국어 초록 (Multilingual Abstract)

Korea has classification law offices; 1)individual law office, 2)law firm, 3)law firm (limited-liability) and 4)lawyers union. The law office operated by an individual lawyer, used to form the mainstream. Thereafter, with oppression to open legal market, the law firm system was first introduced by revision of Attorney Law on December 31, 1982. Hence, it became possible for lawyers to establish law firms in order to perform their duties in systematically and professionally. However, if a law firm cannot complete the discharge of debt with their assets, the attorney members of the firm will burden on joint liability.
This liability-system became an obstacle for law firms in ways to specialize and enlarge. Thus, establishment of systems of (limited-liability) law firms and Lawyers Union on January 27, 2005 on Attorney law, which was to reinforce international competitiveness and provide specialized legal services, induced enlargement and specialization of law offices. Enlargement of law offices, similarly, caused plenty of problems on its management and increased problematic possibilities of delegated cases related to compensation liability.
Liabilities on law firms and attorney members carry problems; ①occurrence of liability during their management of the firms, ②delegated cases related to compensation liability. If the firm’s representative lawyer has affected loss about the management of the firm, he serves compensation liability with the firm. Further, if a lawyer member is in charge of compensation liability related to delegated case, the attorney is responsible for damages with the law firm. Compensation liability that had occurred during process which the representative lawyer worked as the lawyer in charge, is also included.
Liabilities of the members of the limited-liability firms are basically on the ceiling by investment amount. The lawyer in charge of a delegated case is responsible to compensate for his client’s total damage with the limited-liability firms. Besides, the members who directed and supervised the case-accepted lawyer immediately shall compensate for the damages. The member of Lawyers Union has to compensate for the damage by loss-sharing ratio when debt is raised. This debt is the one that had occurred among the union under its operation.
In principle, the lawyer who accepted the case is liable for the damages in accordance with delegated case. The member lawyers who directed and supervised the case-accepted lawyer immediately shall compensate for the damages. In case, they can prove their direction and supervision were not neglected, however, they will receive the immunity. When compensation liability has occurred related to delegated case, the other lawyer members or lawyers union are responsible for limitation on the scope of the union’s substances.

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