Local Korean vernaculars are reporting that the president of the Korean Bar Association welcomed the Seoul Central District Court’s recent decision recognizing the validity of contingency fee agreements in criminal cases. The Korean Bar Association notes in a statement that “acquittal or reduced sentences in criminal cases are not a fluke that is automatically achieved, but the result of blood, sweat, and effort that lawyers shed day and night, reviewing records and working diligently . . .with the invalidation of success fee agreements, lawyers have had no choice but to set high retainer fees, effectively infringing on the rights of ordinary citizens who have difficulty raising funds to hire lawyers.”
The President of the Korean Bar Association continued that “This ruling by the Seoul Central District Court reaffirms the fundamental value… that freedom of contract between private individuals must be respected. Denying even a legitimate success fee agreement belittles the efforts of young lawyers who work day and night and devastates the legal ecosystem. The Supreme Court should accept this proactive decision by the lower court and quickly change the 2015 en banc ruling (effectively outlawing contingency fees in criminal cases in Korea).”
For an article on hiring a criminal defense lawyer in Korea, please see: Hiring a Criminal Defense Lawyer in Korea.
by Sean Hayes
Sean Hayes is the first non-Korean attorney to have worked as a government attorney for the Korean court system and one of the first non-Koreans to be a regular member of a Korean law faculty. He is rated as a Top Attorney by LawAsia and other publications. IPG Legal is rated a top dispute resolution law firm. You may schedule a call with Sean Hayes at: Schedule a Call.
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IPG Legal is recognized as one of Korea’s leading law firms in the field of criminal defense law. The firm’s experienced team of Korean and foreign attorneys has successfully defended clients in some of the nation’s most complex and high-profile criminal cases, including white-collar crimes, fraud, embezzlement, drug importation, and matters involving U.S. military personnel. With a deep understanding of both Korean and international criminal procedure, IPG Legal provides strategic, discreet, and results-driven representation at all stages of investigation and trial. The firm’s attorneys have secured over 80 not-guilty verdicts in courts across Korea, as well as hundreds of dismissals and suspended sentences.