The prosecution says it is indicting a company that operates a law-related website for violating the law on attorneys because it has charged money for recommending lawyers. Prosecutors say that it would be "good to get a judgment from a court on this because it is of great influence on the legal service market." It looks like they will proceed with the indictment, but its explanation about where the company violated the law is not very convincing.
Legislation relating to lawyers prohibits everyone from financial benefit for introducing people to lawyers. The law was designed, however, to keep "case brokers" from getting involved and charging outrageously high fees or a few lawyers from taking up all the legal cases. You wonder how appropriate it is to use this law against websites providing legal information for a fee. The company being charged is very persuasive when it says "all we did was create a consultation system and charge lawyers and visitors fees for using it." The controversy originated with a fight within the legal profession, and the sites that provide legal advice and services are just stuck in the middle of it. What they have done is use the advantage of the internet to help people to get legal advice from lawyers easily and quickly at a minor cost. From the point of view of users these sites have made legal services more accessible. Naturally some lawyers link consultation to eventual appointment as legal consul. Lawyers who enjoy fame or want to reap the privileges of having once been judges must have been uncomfortable about that.
The case needs to be looked at from the perspective of what would best advance the interests of consumers. Most of the country has long lacked easy access to legal advice. The country is trying to correct that with major changes that include lowering the cut-off line for those who pass the state bar examination and by creating law schools. All internet sites providing legal information have done is increase the quality of legal services using technology. It is hard to understand how those businesses are harmful to society. We hope that the prosecutors and judges who deal with this case do not end up being accused of being on the same side.
The Hankyoreh, 12 April 2005.
[Translations by Seoul Selection (PMS)]
[Editorial] Making Legal Services Accessible is a Crime? |
