공익인권 법무 분야의 현황과 전망; 한국의 공익변호사 현황과 전망 = The Public Interest Lawyers` Present Condition& Prospectin Korea

다국어 초록 (Multilingual Abstract)

Lawyers have general responsibility to protect human rights and realize social justice. Moreover, lawyers have institutionally prominent voice in the court; with such powers, they have a duty to make better society. In order to keep public interest law and activities alive, it is extremely important to support public interest lawyers who work exclusively for the public interest. Public interest lawyers are held to low standards because they belong to public organizations and do not work for profit, receiving set salaries from the organizations they belong to, whereas human rights lawyers dedicate part of their work to volunteering in the spirit of pro bono. Starting in 2000, public interest lawyers have gathered to establish groups solely dedicated to public interest activities. Maintaining the vitality of public interest lawyers also raises other issues, such as setting a proper definition of “public interest activities,” problems with the Attorney-at-Law Act Article 34 Clause 4, securing finances, and the necessity of providing information and mentoring. Foreign countries have taken measures in support of cultivating public interest lawyers. In the United States, law schools have loan repayment programs as well as public interest fellowships for graduates who go on to pursue careers in the public interest field. In Japan, a ‘Law Terrace system’ and ‘Himawari fund system’ have been set in place. In our case, we must, on a legislative level, build firm grounds for public interest lawyers to stand on through changes in the Attorney-at-Law Act. Furthermore, class action and punitive damages system should be introduced, and legal aid services more emphasized. By means of building a support system, information provision and mentoring, and school tuition loan repayment programs for prospective public interest law students should be implemented. Public interest lawyers` salary support system and law schools` public interest law education must be vitalized. Lastly, Korean Bar Association and local bar associations should establish and support public interest law funds, while clinics and education centers on public interest activities must be made to provide a medium through which people can access information on public interest activities. Recently, the Judicial Research and Training Institute built a public interest fund for its judicial apprentices, and some law schools have set up public interest lawyer cultivation funds, and the Human Rights Law Foundation Gonggam has made plans to institute a public interest fellowship. In addition, public interest lawyer groups like Town Lawyer Cafe, immigrant support center “Friend,” Public Defenders Institution, and Law Home Doctor have emerged, while law firms have been providing posts for lawyers focusing on public interest law. From now on, through legislative supplements and support systems, public interest lawyers need to keep growing stably and systematically.