An amendment to the Attorney‑at‑Law Act centered on introducing a "confidentiality privilege" that allows lawyers and clients not to disclose confidential communications passed the National Assembly's plenary session on the 29th. The Ministry of Justice said that the amendment "provides an institutional foundation to substantively guarantee the constitutional right to assistance of counsel in line with international standards."
The Ministry of Justice said the amendment protects, under the confidentiality privilege, the contents of legal consultations exchanged between a lawyer and a client and opinion letters written by a lawyer, while also stipulating exceptions where the privilege does not apply, such as when there is client consent or the matter relates to a crime. The Ministry of Justice explained that the current Attorney‑at‑Law Act imposes only the "duty" of confidentiality on lawyers and lacks a provision granting the "right" to refuse disclosure of confidential information during investigations or trials, drawing criticism that it failed to reflect international standards.
The Ministry of Justice said the amendment establishes a basis for protecting the contents of consultations with lawyers and lawyers' opinion letters from seizure and search, improving the system so that people can receive effective legal assistance without fear of leaks. The amendment protects confidential communications between lawyers and clients, such as consultation contents and emails, and designates as protected materials documents and data (including electronic data) prepared and kept for litigation, investigations, or inquiries related to retained cases.
However, the Ministry of Justice said it included exceptions to exclude the confidentiality privilege when protection would run counter to significant public interest, such as when a lawyer was involved in a client's unlawful act or when the client used legal advice for an unlawful act, to prevent the introduction of the privilege from undermining the discovery of the substantive truth. Exceptions include when the client consents; when there is a significant public interest need, such as a co-offender relationship or involvement in or use for an unlawful act; when a lawyer needs to exercise or defend rights in fee disputes; and when another law has special provisions.
The Ministry of Justice said that in the United States and the United Kingdom, protection of confidentiality between lawyers and clients is recognized through case law; in Germany, through individual statutes such as the Criminal Procedure Act; and in France, through the Attorney‑at‑Law Act and the Criminal Procedure Act. The amendment is scheduled to take effect one year after promulgation.
Minister Jung Sung-ho of the Ministry of Justice said, "We expect that by substantively guaranteeing the constitutional right to assistance of counsel through this amendment, it will lay the foundation for an advanced legal system in which the value of human rights is more respected, and the Ministry of Justice will continue to support the confidentiality privilege so that it can take root in people's daily lives without side effects."