Korean Code of Ethics for Attorneys

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Washington International Law Journal Volume 29 Number 3 6-1-2020 Korean Code of Ethics for Attorneys Wonji Kerper Changmin Lee Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Legal Education Commons, Legal Ethics and Professional Responsibility Commons, and the Legal Profession Commons Recommended Citation Wonji Kerper & Changmin Lee, Comment, Korean Code of Ethics for Attorneys, 29 Wash. L. Rev. 667 (2020). Available at: https://digitalcommons.law.uw.edu/wilj/vol29/iss3/11 This Comment is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Copyright © 2020 Washington International Law Journal Association KOREAN CODE OF ETHICS FOR ATTORNEYS Wonji Kerper† & Changmin Lee†† Abstract: In 2009, Korea implemented a law school educational system, which not only changed the legal education system, but the legal landscape as a whole. This has led to rapid growth in the number of attorneys. Although the increased number of attorneys has resulted in lower barriers to accessing justice, it has also brought the unintended consequence of cut-throat competition. With the number of disciplinary actions rising by four-fold in the last three years, the current version of the Korean Code of Ethics for Attorneys is certainly a step in the right direction but may not be enough to strengthen attorneys’ legal ethics in such an unprecedented time in Korean legal history. In light of the heated discussion in Korea regarding legal ethics, this comment, following the accompanying translation of the Korean Bar Association’s Code of Ethos for Attorneys, first, analyzes how the Korean legal education system and legal ethics education has changed over time. Second, to provide context on how the current Code of Ethics reached its current form, this comment reviews the history of and recent amendments to the Code of Ethics. Lastly, it considers next steps for the Code of Ethics and how attorneys can have a better sense of legal ethics in the long term. This comment is for those interested in comparative legal ethics, Korean legal ethics, and the Korean legal system. Cite as: Wonji Kerper & Changmin Lee, Korean Code of Ethics for Attorneys, 29 WASH. INT’L L.J. 667 (2020). I. INTRODUCTION The Korean legal market is undergoing a drastic change. With the implementation of a three-year law school system (similar to that of the † 2020 J.D. candidate at the University of Washington School of Law. I would like to thank my co- author Changmin Lee for his help and support by providing immense expertise in the Korean legal system. I would also like to thank the Washington International Law Journal Editorial Board for their continuous support and invaluable edits. †† 2020 LL.M. candidate at the University of Washington School of Law, candidate for Ph. D. degree at Seoul National University Graduate School Department of Law, and an attorney at law in Daeryook&Aju LLC., South Korea. I would like to thank my co-author Wonji Kerper for her enthusiasm and efforts for this project. I would also like to thank the Washington International Law Journal Editorial Board for encouraging me to participate in this meaningful project. 668 WASHINGTON INTERNATIONAL LAW JOURNAL VOL. 29 NO. 3 United States) in 2009,1 the number of attorneys increased from 12,607 in 2011 to over 30,000 in 2019.2 The recent increase in the number of attorneys is unprecedented, considering that it took one hundred years to reach 10,000 lawyers.3 Although having more attorneys results in easier access to justice for clients at a cheaper cost, there are negative consequences as well.4 For instance, due to the increase in attorneys, the number of cases that an average attorney retains has decreased from 2.73 cases per lawyer in 2008 to 1.2 cases in 2018,5 which has led to cut-throat competition.6 In anticipation of an increase of attorneys, since 2007, the Korean Bar Association (“KBA”) started focusing more on modernizing the attorneys’ code of ethics and professional responsibility.7 Legal ethics and professional responsibility are debated now more than ever in the Korean legal community. Thus, in hopes of providing more context to English speakers interested in this topic, this comment, in addition to the above translation of the KBA Code of Ethics provides relevant context to the Korean legal ethics landscape. This comment first explores changes in the Korean legal education system and how Korean attorneys are regulated, 1 Law School Doip 10nyeon, Jonjae Yiyoo-wa Mokjuck Dwe-sae-gyeo-ya [Ten Years After Implementation of Law Schools – Must Remember the Purpose of Law Schools], THE LAW JOURNAL (May 11, 2018), http://www.lec.co.kr/news/articleView.html?idxno=47554. 2 See Sangyeon Lee, Byeonhosa Deungrok 3manmyeong Dolpa . 5 nyeonsae 1 manmeong Neul- eo [Total Number of Registered Lawyers Surpasses 30,000 . 10,000 Increase in 5 Years], THE LAW JOURNAL (Dec. 18, 2019), http://www.lec.co.kr/news/articleView.html?idxno=715432; Jangho Lee, Daehanbyeonhyup “Yeon-gan Byeonhosasu 1000 myeong-euro Gamchukhaeya” [Korean Bar Association States “Must Reduce the Number of Attorneys to 1000 per Year”], LAWTIMES (Mar. 26, 2018), https://m.lawtimes.co.kr/Content/Article?serial=141534. 3 Kisuck Bae, Byeonhosa Gan-ui Beobjo-yunri-ae Gwanhan Bigyo-beobjeok Yeongu [The Comparative Legal Study on the Legal Ethics Between Lawyers], 55 L. REV. INST. L. STUD. BUSAN NAT’L U., no. 4 2014, at 339, 340 (S. Kor.). 4 See Shinyoung Lee, Byeonhosa 2manmyeong Sidae . MuhanGyeongjaengsok Yanggeukhwa Dduryeot, [20,000 Lawyers . Fierce Competition Results in Polarization], YONHAP NEWS (Sept. 24, 2014), https://www.yna.co.kr/view/AKR20140924163400004. 5 Jinjoo Kim, Byeonhosa Wigisidae, ‘Han-umool-ro Geukbokhaneun Jeonmoon Byeonhosadeul [Lawyers Try to Overcome Saturated Market by Becoming Specialized], hANKOOKILBO (Sept. 13, 2019), https://www.hankookilbo.com/News/Read/201909101872377731. 6 See Baeksang Kim, Busan Byeonhosa Jeung-ga-yul Jeonguk Yilwi, Saengjon Gyeongjaeng Nae- molrin Geudeul, ‘Beob’jeongshin boda ‘Yeong-up’ae Moksum Geonda [Busan’s Attorney Increase Rate is Number One in the Country, Thrown to Competition, Prioritizing ‘Business’ Over ‘Legal Ethics’], BUSAN TIMES (Jan. 11, 2018), http://www.busan.com/view/busan/view.php?code=20180111000388. 7 Geunjik Chae, Byeonhosa-ui Yunri [Ethics of Attorneys], 374 IN-GWON-GWA JEONG-UI, [hUMAN RIGHTS AND JUSTICE], 50, 83 (2007) (S. Kor.), https://www.koreanbar.or.kr/pages/data/view.asp?teamcode =374&category=&page=1&seq=6134&types=11&searchtype=&searchstr=. JUNE 2020 KOREAN ATTORNEYS CODE OF ETHICS 669 and then reviews the Code of Ethics for Attorneys in more detail with explanations of the recent amendments. II. BACKGROUND AND CONTEXT A. The Change in the Legal Education System This section explores how the Korean legal education system changed, what effect the change has had on the legal market, and, consequently, how it changed the discourse of legal ethics. Prior to the implementation of the law school system, anyone who wanted to be a lawyer in Korea first had to pass the highly competitive National Judicial Examination (“NJE”), which occurred once every year. Regardless of whether the candidate had graduated from an LL.B (an undergraduate law degree), anyone who had taken certain amount of law- related classes could sit for the NJE. 8 Upon passing the examination, a candidate could become a lawyer only after graduating from a rigorous two- year Judicial Research and Training Institute (“JRTI”) established by the Supreme Court.9 In the 1960s, only thirty people passed the NJE per year.10 In the 1970s, only eighty people passed the NJE per year.11 In the 1980s, it increased to three hundred per year.12 Depending on a candidate’s final total score (similar to a GPA) at the JRTI, a majority (almost two-thirds of the class pool) become judges or prosecutors, and only about a hundred started their first legal careers in practicing law in the private sector.13 By 2007, the number of practicing lawyers was 8,174, leaving only one lawyer for every 6,000 citizens.14 This left the citizens with little access to justice.15 8 See Sabeobsihumbeob [Act on National Judicial Examination], Act No. 6436, Mar. 28, 2001, art. 5(1), repealed by Act No. 9747, Dec. 31, 2017 (S. Kor.); Sabeobsihumbeob sihaengryung [Enforcement Decree of the Act on National Judicial Examination], Presidential Decree No. 17181, Mar. 31, 2001, art. 3, repealed by Presidential Decree No. 28920, May 29, 2018 (S. Kor.). 9 Dohyun Kim, Recent Reforms in the Legal Profession and Legal Education, in LAW AND SOCIETY IN KOREA 150, 152 (hyunah Yang ed., 2013). 10 Id. 11 Id. 12 Id. 13 Id. 14 Id. at 153. 15 Id. 670 WASHINGTON INTERNATIONAL LAW JOURNAL VOL. 29 NO. 3 In 2007, Korea commenced a major reform in legal education by establishing law schools, similar to those in the United States, through the Act on the Establishment and Management of Professional Law Schools (“Law Schools Act”). 16 The ultimate purpose of the Law Schools Act was to increase access to higher quality legal services.17 Law schools approved by the Ministry of Education first opened in March 2009.18 In 2012, the first National Bar Examination (“NBE”) took place. Only applicants who graduated from an approved law school could sit for the NBE. 19 1,451 people passed the first NBE. Since then, the number of attorneys has increased, with 1,600 lawyers passing the NBE in 2017 alone.20 By 2014, the increase in licensed attorneys had resulted in there being one lawyer for every 2,769 citizens.21 Although citizens now have lower barriers to accessing justice, the increased number of attorneys has created fierce competition among lawyers.
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    Influence of Swirl Clocking on the Performance of Turbine Stage With

    energies Article Influence of Swirl Clocking on the Performance of Turbine Stage with Three-Dimensional Nozzle Guide Vane Shinyoung Jeon 1, Changmin Son 2,* and Jinuk Kim 3 1 School of Mechanical Engineering, Pusan National University, Pusan 46241, Korea; [email protected] 2 Department of Mechanical Engineering, Virginia Polytechnic Institute and State University, Blacksburg, VA 24061, USA 3 Gas Turbine Center, Doosan Heavy Industries & Construction, Changwon 51711, Korea; [email protected] * Correspondence: [email protected]; Tel.: +1-540-231-1924 Abstract: The effect of the swirl clocking on three-dimensional nozzle guide vane (NGV) is investi- gated using computational fluid dynamics. The research reports the loss characteristics of leaned and swept NGVs and the influence of swirl clocking. The three-dimensional NGVs are built by stacking the same 2D profile along different linear axes, characterized by different angles with respect to the normal or radial direction: " = −12◦ ~ +12◦ for the leaned and γ = −5◦ ~ +10◦ for the swept airfoils. A total of 40 models are analyzed to study the effects of lean and sweep on aerodynamic performance. To investigate the influence of swirl clocking, the analysis cases include the center of the swirl that was positioned at the leading edge as well as the middle of the passage. The prediction results show that the relationship of the changes in mass flow rate and throat area are not monotonic. Further observation confirms the redistribution of loading and flow angle under different lean and sweep angles; thus, three-dimensional design is a key influencing factor on aerodynamic performance. In Citation: Jeon, S.; Son, C.; Kim, J.