Era of 30,000 Lawyers... Will a 'Four-Tier Court System' Be an Escape from Cutthroat Competition?

According to Financial News, opinions in the legal community are divided over the proposed "constitutional complaint against court rulings" system being pushed by the Democratic Party of Korea and its allies. Many point out that the longer a case drags on, the greater the burden on the parties involved. At the same time, there are expectations that the new system will increase revenue for the legal profession. Lawyers are cautious, however, as they worry that the public debate over constitutional complaints could easily be seen as lawyers simply looking after their own interests.
According to the legal community on the 22nd, the amendment to the Constitutional Court Act that passed the Legislation and Judiciary Committee on the 11th allows a constitutional complaint even against a final ruling of the Supreme Court of Korea if it, first, runs counter to the purport of an existing decision of the Constitutional Court of Korea, or, second, infringes basic rights. In effect, it creates a four-tier court system. A complaint can be filed within 30 days from the date the ruling becomes final, and once it is filed, the effect of the Supreme Court ruling is suspended until the Constitutional Court of Korea hands down its decision.
On the surface, many lawyers are keeping a low profile, but there are clear signs that they quietly welcome the change. If a fourth stage of litigation opens up after the Supreme Court of Korea at the Constitutional Court of Korea, tens of thousands of new cases are expected to enter the legal market each year, which is seen as a positive factor.
Constitutional complaints also tend to command higher legal fees than ordinary civil or criminal cases, because they require greater expertise and involve more complex procedures. This is another reason many in the profession view the bill as an opportunity.
Demand for legal services is declining with the introduction of Artificial Intelligence (AI), yet about 1,700 new lawyers are added every year, bringing the number of practicing lawyers to 31,874 in 2025. In this era of endless competition, some optimists believe constitutional complaints could become a niche or even a blue-ocean market. The legal community even predicts that "constitutional complaint specialists" may soon emerge.
A lawyer based in Seocho-dong said, "If procedures increase, the number of cases lawyers can take on will inevitably grow, which is good for us," adding, "A new market is opening up, and from the perspective of the legal profession, there is absolutely no reason to oppose it."
However, some warn that the benefits will be concentrated in certain circles. Lawyers who previously served as research judges or justices at the Constitutional Court of Korea, and the large law firms that employ many of them, are seen as likely to dominate this new market.
There are also concerns that adding another layer of procedure and higher legal fees will increase the burden on ordinary clients. Critics point to Germany, where the success rate in the fourth instance is extremely low, as a cautionary example. As a result, many in the legal community argue that, in practice, only relatively well-off groups such as large corporations or politicians, who have more time and financial resources, will be able to take advantage of constitutional complaints.
An Yeongrim, a lawyer at Seonseung Law Firm and a former prosecutor, remarked, "In the end, we have to think not only about defendants but also about victims," and continued, "Victims can only file civil suits or start benefit claim procedures after the criminal trial is over. If we move to a de facto four-tier court system, they will be kept in limbo longer, and recovery of damages will inevitably be delayed."
Another lawyer criticized the bill, saying, "More procedures will increase social costs," and added, "Clients who sought to assert their rights or obtain relief will remain in an unresolved state until the very end, so I have serious doubts about whether this can really be seen as a positive development."

theknight@fnnews.com Jeong Gyeongsu Reporter