Korean Bar Association Initiates Disciplinary Action Against Attorney Kim Yong-hyun for 'Contempt of Court'... Detention Identification Procedures Also Improved

[Financial News] The Korean Bar Association (KBA) has begun an ex officio investigation and initiated disciplinary procedures against Ha-Sang Lee and Kwon Woo-hyun, attorneys representing former Minister of National Defense Kim Yong-hyun. This action follows a request for discipline from the Seoul Central District Court. The United States Department of Justice (DOJ) also improved related procedures after the failure to execute detention due to incomplete identification of the two attorneys.
On the 26th, the KBA announced that it had launched a disciplinary investigation against the two attorneys representing Kim Yong-hyun, stating, "In accordance with Article 97 of the Attorney-at-Law Act, the KBA president has initiated a disciplinary investigation ex officio."
Article 97 of the Attorney-at-Law Act stipulates that the president of the KBA may request the initiation of disciplinary proceedings if an attorney engages in conduct that damages the dignity of the profession.
Typically, disciplinary actions against attorneys begin when a Local Bar Association receives a petition and requests the initiation of disciplinary proceedings. The KBA president then refers the case to the KBA’s Investigation or Disciplinary Committee for further action. This process is moving more swiftly than usual.
Article 98 of the same Act requires the Attorney Disciplinary Committee of the Korean Bar Association to make a decision on discipline within six months of receiving or initiating a disciplinary request. The period may be extended for up to six months if necessary. As a result, a disciplinary conclusion could be reached as early as May next year.
On the 19th, attorneys Lee and Kwon received a detention order after refusing to comply with the presiding judge’s order to leave the courtroom and continuing their statements during the trial of former Prime Minister Han Duck-soo on insurrection charges. However, correctional authorities refused to detain them due to incomplete identification, resulting in their release later that night. Subsequently, they made insulting remarks about Presiding Judge Jin Gwan Lee of the Seoul Central District Court’s Criminal Division 33 during a YouTube broadcast.
Afterward, the National Court Administration, in the name of Director Cheon Dae-yeob, filed a police complaint against the two attorneys for contempt of court and other charges. The Seoul Central District Court also conveyed its disciplinary opinion to the KBA.
The United States Department of Justice (DOJ) announced that it had improved the identification process during the execution of detention. The DOJ eased identification requirements, considering that correctional facilities had difficulty admitting detainees when some personal information was unclear.
The DOJ emphasized, "Even if some identification information is missing, if the court has specified the detainee through a trial, the process has been improved so that identification can be confirmed through documents such as a detainee confirmation form prepared by court staff responsible for handing over the detainee to correctional officers."
Meanwhile, Presiding Judge Jin Gwan Lee expressed his gratitude for the Supreme Court of Korea’s complaint and the Seoul Central District Court’s notification of disciplinary grounds regarding the courtroom disturbances caused by the defense attorneys for former Minister Kim Yong-hyun.
At the sentencing hearing for Han Duck-soo, former Prime Minister, on charges of aiding insurrection and participating in major insurrection-related duties, held in the Criminal Division 33 of the Seoul Central District Court, Judge Lee stated before the trial began, "I would like to thank the Supreme Court of Korea and the Seoul Central District Court for taking protective measures in response to the repeated incidents of courtroom disorder related to this case."
He added, "Going forward, I will continue to strive to maintain courtroom order and ensure fair and prompt trials in accordance with the Constitution and the law."


scottchoi15@fnnews.com Choi Eun-sol Reporter