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[] [Opinion] Attorney Minhoo Kim in The Law Times Korea: Five Key Judicia…

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최고관리자 작성일25-07-07

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As Korea enters a new era under a fresh administration, Attorney Minhoo Kim outlines five urgent judicial reforms necessary to modernize and improve the nation’s legal system.



1. Digitalization of the Criminal Justice System

While civil and administrative cases in Korea have long been digitized, criminal proceedings remain frustratingly analog. All documents must still be printed and submitted physically. In extreme cases, law firm staff must spend several days at the prosecutor’s office manually copying tens of thousands of pages of evidence. For defendants without legal representation, the situation is worse—they often cannot even access their case records, making it nearly impossible to respond meaningfully to criminal charges. This outdated system affects not just a few individuals but the entire legal community. The digitalization of criminal proceedings must be implemented without delay.



2. Strengthening Police Investigative Capabilities

If the government intends to strip the prosecution of investigative powers, it must first ensure that police have the capacity to take on that role effectively. Currently, many frontline lawyers encounter significant challenges dealing with investigators lacking both legal knowledge and investigative expertise. For example, it’s not uncommon for a defense attorney to explain the basic elements of embezzlement to an economic crime officer at a police station. Without proper training and resources, the shift in investigative authority will only harm the very citizens the system is meant to protect.



3. Expanding and Empowering the Government Legal Service Corporation

Government ministries continue to outsource administrative lawsuits to large law firms, resulting in excessive spending of taxpayer money. The Government Legal Service Corporation (GLSC) is a capable state-run legal body, yet it remains underutilized. The government should expand the GLSC, increase compensation for its attorneys, and attract top administrative law specialists to reduce the reliance on private firms. Ministries should be encouraged, or even required, to respond to lawsuits through the GLSC rather than private firms to prevent wasteful public spending.



4. Reforming the Law School System

The current “five-strike rule” in the bar examination system, which permanently disqualifies candidates after five failed attempts, is creating a serious social issue. Approximately 200 such individuals are disqualified every year, despite investing years of their youth and finances into the legal profession. If the legal market cannot sustain more than 1,700 new attorneys annually, the government should either reduce the number of law school admissions from 2,100 to 1,800 or adjust the pass rate of the bar exam. The state must take responsibility for a system it created and ensure young candidates are not unfairly punished.



5. Expansion of Remote Hearings

While some courts have embraced remote trials, many lawyers and litigants still have to spend up to five hours traveling to attend hearings that last only minutes. The government should work closely with the court administration to support legislative changes and develop a dedicated mobile application that allows parties to participate in court proceedings remotely, using simple phone authentication from their offices. This would meaningfully enhance the accessibility and quality of judicial services for the public.



Attorney Kim concludes that these reforms are not merely technical adjustments but crucial steps toward a more accessible, equitable, and efficient justice system that genuinely serves the people.