[Exclusive] 9 of 10 Appeals Overturn or Modify Lawyer Advertising Disciplinary Decisions, Sparking Debate Over Their Appropriateness

[Financial News] Nine of the 10 appeals reviewed by the Ministry of Justice this year against disciplinary actions for violations of lawyer advertising rules resulted in the original decisions being overturned or modified. With disciplinary actions for advertising rule violations repeatedly being adjusted, some say the standards and severity of the sanctions need to be examined.
According to records submitted by the Ministry of Justice to Rep. Kim Han-gyu of the Democratic Party of Korea, a member of the National Assembly of the Republic of Korea’s Legislation and Judiciary Committee, the Ministry’s Lawyer Disciplinary Committee reviewed 68 appeals over advertising rule violations from January through October 10 this year. It overturned the original decisions in eight cases and modified them in 55, partially granting the appeals. The rate of overturning or modifying decisions was 92.6%. The remaining five appeals were dismissed or rejected as inadmissible. A modification generally leaves the original disciplinary action in place but reduces its severity. Last year, nine of the 38 cases reviewed were modified.

The number of disciplinary actions imposed by the Korean Bar Association for advertising rule violations was 3 in 2021, 106 in 2022, 35 in 2023, 66 in 2024, 91 in 2025, and 24 through August this year. Many of the 2022 cases involved the legal platform LawTalk. Of the 325 cases in total from 2021 to 2026, administrative fines were the most common, at 281 (86.5%), followed by 24 reprimands and 20 suspensions.
Under the Attorney-at-Law Act, lawyers who contest disciplinary actions imposed by the KBA’s Disciplinary Committee may appeal to the Ministry of Justice’s Lawyer Disciplinary Committee. The KBA’s advertising rules prohibit false or exaggerated advertising, ads that tout win or release rates to create unwarranted expectations about case outcomes, and ads that mislead people into thinking a lawyer can wield influence by drawing on experience as a former official. Ads such as “OO lawyer” that explicitly name a crime are also considered to undermine professional dignity.
A Ministry of Justice official explained, “Appeals are often reviewed by grouping together cases with similar issues. Around 2024–2025 (when the number of reviews increased), disciplinary actions for advertising rule violations rose, and the number of reviews appears to have increased as well.” The official added, “The review standards have not changed; decisions are being made based on existing legal principles.”
There have been calls for the KBA to establish clear disciplinary standards. In 2022, the Constitutional Court of Korea ruled some provisions unconstitutional in a constitutional complaint concerning the KBA’s advertising rules. The ruling found that the Constitution was violated by a provision prohibiting lawyers from commissioning paid advertising and by a provision barring ads that contravene the KBA’s authoritative interpretations. Attorney Craig Mitchell of LKB Pyeongsan also recently recommended in a paper that the rules be made clearer, that the KBA’s authoritative interpretations be more predictable, and that disciplinary actions remain proportionate.
Rep. Kim Han-gyu said, “There have been complaints that the KBA’s disciplinary actions for advertising rule violations are arbitrary. Since the Ministry of Justice has also found in many cases that the KBA’s actions are excessive or unfair, the KBA needs to review its disciplinary standards.”
Some practitioners, however, argue that regulation is needed in an overheated advertising market fueled by the rapid increase in the number of lawyers. As of the 20th, there were 39,288 registered lawyers, bringing the total close to 40,000; the view is that safeguards are needed to minimize harm to consumers of legal services.

 
[email protected] Choi Eun-sol Reporter