Lawyer’s bid for reinstatement denied by Korean Bar Association

Posted on : 2017-10-25 17:53 KST Modified on : 2017-10-25 17:53 KST
Baek Jong-geon was disbarred after serving prison time as a conscientious objector
Attorney Baek Jong-geon
Attorney Baek Jong-geon

A reinstatement application by attorney Baek Jong-geon, whose registration as a practicing lawyer was previously revoked after he served time in prison for conscientious refusal to perform mandatory military service on grounds of religious conviction, was denied by an attorneys’ association.

The Korean Bar Association, headed by chairperson Kim Hyun, announced on Oct. 24 that the decision to deny Baek’s reinstatement request had been made following a second registration review committee meeting. At the same time, the association commented on the “need to resolve the basic right infringement issue through a National Assembly amendment of the law to institute an alternative service system in view of changing social perceptions, including recent conflicting lower court rulings on consciousness objection to military service.” Lower courts have ruled to acquit conscientious objectors in 35 cases so far this year.

Baek, a 33-year-old Jehovah’s Witness, was released in late May after beginning an eighteen-month sentence in Mar. 2016 for violation of the Military Service Act. His July application for reinstatement as an attorney had many observers watching to see whether he would able to practice again. The Attorney-at-Law Act stipulates that attorneys “sentenced to imprisonment without labor or greater punishment and for whom five years have yet to elapse after the execution of such sentence is complete” are subject to disqualification as attorneys.

The Seoul Bar Association, headed by chairperson Lee Chan-hee, submitted an opinion on Sept. 5 supporting Baek’s reinstatement, noting that “the purposes of freedom of conscience legislation and changing social perceptions toward conscientious objection to military service were taken into account,” but the Korea Bar Association did not agree.

Baek is currently considering submitting an objection to the registration refusal to the Minister of Justice, and filing suit and a constitutional appeal to the Attorney-at-Law Act provision if the objection is denied.

By Hyun So-eun, staff reporter

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