[Editor's note] There are people who wipe away a neighbor's wet eyes rather than cling to the cold letters of the law. They are village lawyers who, instead of basking in bright lights, go directly to island villages and remote areas with no lawyers—"lawyerless villages"—to offer free legal counseling. Thirteen years on, 1,228 lawyers have become a reliable support in 1,414 towns, townships and neighborhoods nationwide. We captured the warm voices of those who have quietly taken steps toward the lowest places.
"People usually say landlords are strong and tenants are weak. But on the ground, there are not a few landlords who suffer silently from reverse discrimination."
On the 29th, at an office in Gwanggyo, Suwon, attorney Han Ji-yeon (37, 8th bar exam) described the gap between the law and reality that Han has witnessed while serving for six years as the "village lawyer" for Banwol-dong in Hwaseong, Gyeonggi. Banwol-dong is a typical urban area where apartments and factories are concentrated, adjacent to the Samsung Electronics Hwaseong Campus.
Residents' counseling topics focus more on urban conflicts such as jeonse fraud, lease disputes, and claims and debt than rural land disputes.
Recently, a commercial landlord who came to see Han was devastated. The landlord had set monthly rent at 2 million won with a 10 million won deposit, but the tenant disappeared after not paying rent for 10 months. The deposit had already run out and an additional loss of 10 million won occurred, but the landlord could not even remove a single fixture inside without permission.
Han said, "When I explained that removing belongings without permission could instead subject the landlord to criminal punishment, the landlord was deeply shocked," and added, "With special provisions on rent arrears introduced during COVID overlapping, I felt the blind spots created when the law protects only one side."
There are also many unfortunate cases where people suffer losses after missing the "golden time" to exercise their rights. One petitioner who could not collect money lent to an acquaintance exceeded the 10-year statute of limitations, then belatedly sent hundreds of text messages and was instead accused by the debtor of violating the anti-stalking law and indicted. Han pointed out, "In many cases, people seek a lawyer only after the dispute has grown out of control, and by then it is often too late." Below is a Q&A with Han.
─ Banwol-dong is an area dense with apartments, dwellings and factories. What concerns do residents mainly bring to the village lawyer?
"Most cases are closely tied to daily life, such as jeonse fraud or lease disputes, conflicts between neighbors, claims and debt issues, inheritance or family property disputes, and labor relations conflicts. There are trivial consultations like, 'A neighbor blocked the parking lot entrance with a car so I can't get my car out.' Many want to know the standards, such as 'Do I have to go to court?' and 'Where do my rights end?'"
─ The government is responding to jeonse fraud across agencies. Is it still serious these days?
"As jeonse fraud has become a major social issue, there is a tendency to suspect even small disputes as fraud. A representative case is when a tenant expresses an intention to vacate at the end of the term, and the landlord says, 'I don't have the capacity to return the deposit right now. I'll pay when the next tenant is found.' Many ask whether they should immediately file a criminal complaint in such situations.
However, for fraud to be established, it must be proven that the landlord had no intention or ability to return the jeonse deposit from the outset, which is not easy. For general apartments or officetels, I first advise checking the lease contract, the registry to confirm the rights relationship, and whether the tenant subscribed to a deposit return guarantee, then we discuss response options. Before litigation, the priority is to register the tenant's right immediately upon the end of the jeonse period. If it constitutes jeonse fraud, I connect them to the Gyeonggi-do Jeonse Damage Support Center."
─ Is there a memorable, unfortunate case?
"There was a case where someone lent money to an acquaintance and let the 10-year civil claim statute of limitations lapse. They should have at least sent a content-certified letter in between but did not. Belatedly, they went to the debtor's home and sent dozens of text messages, and were instead accused of violating the anti-stalking law and even indicted. Many people look for a lawyer only after the dispute has grown, and by then it can already be hard to fix."
─ Does being a village lawyer help your legal practice?
"Because I basically consult for more than an hour, I've developed a habit of checking to the end whether the client truly understood the explanation. I've even heard, 'This is the first time a lawyer explained it in such detail.'"
─ What improvements do you think are needed in the village lawyer system?
"I think a method like in Suwon, where the Community Service Center organizes the counseling content in advance, is more efficient. Also, as the public defender system is automatically assigned even to minor cases, limited resources are being wasted. The system needs improvement so we can focus on cases that truly require the assistance of counsel."