Pro Bono Practice and Opportunities in South Korea

In Korea, provision of legal services is limited to those qualified as attorneys. The basic law governing attorneys is the Attorney-at-Law Act, which includes basic mission, duties, qualifications, registration, and opening of business, rights, and obligations of attorneys, as well as provisions on law firms, lawyers’ associations, and disciplinary actions and penalties related to legal activities.

Attorney-at-Law Act Article 4 (Qualifications for Attorneys-at-Law) provides that a person falling under any of the three categories below qualifies as an attorney-at-law:

1. a person who has completed the required curriculum of the Judicial Research and Training Institute after passing the Judicial Examination;
2. a person who is qualified as a judge or a public prosecutor; or
3. a person who has passed the Bar Examination.

A Korean lawyer wishing to practise law in South Korea after receiving their licence ^[2] must register with the Korean Bar Association (KBA) ^[3] Membership of the KBA is compulsory for all practising lawyers.

A foreign lawyer wishing to practise law in South Korea must register as a Foreign Legal Consultant (FLC) under the Foreign Legal Consultant Act. A FLC must have at least three years of legal work experience in his/her home country of qualification and cannot advise or provide legal services with regards to Korean law.

There are no separate laws or regulations specifically regulating in-house counsel, including their practice of pro bono activities.

Details of the instruments listed here are provided in other responses to this survey:

• Attorney-at-Law Act Article 27 (Duty to Perform Designated Services, such as Public Interest Activities);^[4]
• Association Rules of the KBA Article (9-2 Participation in Public Interest Activities, Etc.);^[5] and
• The Seoul Bar Association (SBA) Regulations Regarding Public Interest Activities (공익활동 등에 관한 규정) and Directives on the Evaluation of Public Interest Activities (공익활동심사지침).

No additional licence is required for the provision of pro bono legal services beyond that required for the practice of law in Korea.

No additional licence is required for the provision of pro bono legal services beyond that required for the practice of law by a foreign lawyer in Korea; however, only licenced Korean lawyers may represent clients in litigation.^[6]

There is a mandatory 30-hour per year pro bono requirement under Attorney-at-Law Act Article 27, the Association Rules of the KBA Article 9-2, and the Regulation on Public Interest Activities (공익활동 등에 관한 규정) of the KBA Article 3.

In case of special circumstances, local bar associations have the authority to decrease the requirement to 20 hours.^[8] For example, the SBA has exercised its authority to do so every year, decreasing the pro bono requirement for its members to 20 hours.

This requirement may also be satisfied by making a specified payment to the pro bono fund instead of working the specified number of hours. Those who have been practising for less than two years, those who are older than 60 years of age, and those who cannot perform ordinary legal services due to illness, etc. are also exempt from the requirement.

Aspiring lawyers in Korea are not required to complete a minimum number of hours of pro bono legal services to become licensed lawyers.

There is no aspirational pro bono hours target for lawyers set by KBA, other local bar associations, or any other regulatory body.

Lawyers in Korea do not receive any CLE or equivalent credit for pro bono hours worked.

Law firms often maintain malpractice insurance. However, insurance is not mandatory for the practice of law in general in Korea. In addition, no professional indemnity insurance is required for the provision of pro bono legal services in Korea.

No special or additional rules pertain to advertising of pro bono matters.

However, rules regarding solicitation and advertisement by attorneys-at-law are set forth generally in laws and regulations such as the Attorney-at-Law Act Article 23, the Association Rules of the KBA,^[9] and KBA’s Rules on Attorney-at-law advertisement (변호사 광고에 관한 규칙)^[10] and Attorney-at-law advertisement regulation (변호사 광고에 관한 규정)^[11] , which regulate, among others, the method and content of advertisement by attorneys-at-law.

The Foreign Legal Consultant Act, KBA’s Advertisement Regulations for Foreign Legal Consultant, and KBA’s Code of Ethics for Foreign Legal Consultant govern foreign law firms and foreign lawyers practising law in Korea. A Foreign Legal Consultant may advertise by providing information and materials (including information regarding the partners of Foreign Legal Consultant Office) and services provided in order to help potential clients in selecting a Foreign Legal Consultant and to attract clients,^[12] subject to certain prohibitions including but not limited to restrictions on contents ^[13] and methods ^[14] of advertisement.

A foreign legal consultant may not make an exaggerated publicity or advertisement of her career, specialty, or performance, and in publicising or advertising her services, must comply with the Regulations on Advertisement of Services provided by Foreign Legal Consultant established by the KBA.^[15] A foreign legal consultant may not contact potential clients or make a clerical employee or a third party to induce the engagement of herself by potential clients for the purpose of soliciting cases.^[16]

There are various areas of law that require or present opportunities for the provision of pro bono legal services in Korea. Issues regarding rights of women, children, LGBT minorities, and people with disabilities are among the most common. Various organisations currently receive government-funded subsidies for their pro bono activities.

Immigration and refugee assistance is another area of legal need where pro bono assistance is useful.^[17]

Main providers of pro bono legal services in Korea include the Ministry of Justice, the SBA, large domestic private law firms, and the Korea Legal Aid Corporation (KLAC) ^[18].

KLAC is among the most active, benefiting from a provision under the Korean law permitting male attorneys to provide pro bono legal services at KLAC for three years in lieu of the obligatory military service.

KLAC provides free legal advice for eligible citizens or entities on a broad range of matters, including civil, family, criminal, and administrative legal issues. Face-to-face advice is provided at local legal aid offices. Online advice is provided on the KLAC website and by e-mail. A nationwide hotline is accessible by telephone and video phone. KLAC provides assistance with preparing forms and documents such as complaints, briefs, and provisional seizure for monetary issues of less than 10 million won, and in which the case is relatively simple or self-evident. KLAC also represents clients on a pro bono basis in certain criminal cases, including representation of sexually abused children and victims of sexual violence.

KLAC’s digital platforms and mobile applications incorporate AI-powered question-and-answer tools and chatbot functionality, enabling users to access legal information efficiently across a range of areas, including family law, housing leases, inheritance, and personal rehabilitation. These systems provide reference-level legal guidance and assist users in understanding their available options.^[19]

LG CNS and the United Nations Refugee Agency (UNHCR) have developed AI-powered tools that will assist lawyers in drafting legal documents for refugee litigation, using LG CNS’s ‘Agent Works’ platform. The technology aims to overcome barriers such as language differences and complex procedures, reducing the time to prepare complaints from several days to a fraction of that whilst improving the accuracy of legal submissions.^[20]

We have not yet seen specific instances of AI technology utilised for pro bono services delivered by law firms, but the possibility will certainly be explored as lawyers increasingly use AI tools in commercial legal work^[21]

However, it is important to note that the KBA will likely scrutinise the use of AI in the delivery of legal services, in light of recent disciplinary action taken against a law firm which offered certain AI legal services that the KBA found to have violated the Attorney-at-Law Act.^[22]

The main governmental sources of pro bono and/or other legal services in Korea are:

• Korea Legal Aid Corporation
• Ministry of Justice
• Seoul Bar Association
• KBA

The main non-governmental sources of pro bono and/or other pro bono resources in Korea are:

• MINBYUN—Lawyers for a Democratic Society;^[23]
• GongGam Human Rights Law Foundation—non-profit and full-time public interest lawyer’s organisation;^[24]
• Large local private law firms (Kim & Chang; Lee & Ko; Yoon & Yang; Bae, Kim & Lee, etc.);
• Major law schools provide venue for law students’ participation and assistance in pro bono activities, including Seoul National University’s Public Interest & Legal Clinic Centre.^[25]

Organisations that inform lawyers of pro bono opportunities include the KBA ^[26] and the SBA^[27] .

The Seoul Bar Association Pro Bono Support Centre ^[28] provides a bulletin board for lawyers to volunteer for pro bono activities.

The Lawyer Public Service Award ^[29] is an award established and conferred by the KBA to recognise individuals and groups who advocate for human rights and contribute to society each year. In particular, the status of pro bono activities carried out by various law firms is collected through the Law Firm Public Service Evaluation Index and is taken into account for group awards.