1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning for the judgment of the court of first instance regarding this case is that the grounds for the judgment of the court concerning this case is irrelevant to the character of an attorney-at-law. As such, a disciplinary action based on the premise of a violation of a duty to maintain dignity is identical to the reasoning of the judgment of the court of first instance, except for adding the following supplementary judgments as to the assertion that a disciplinary action based on the premise of a violation of a duty to maintain dignity is illegal, and thus, it is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act

【Supplementary Judgment】 The attorney-at-law Act’s mission is to defend fundamental human rights and realize social justice (Article 1(1)); and the attorney-at-law shall not perform his/her duties independently and freely as a legal professional with public nature (Article 24(1)); and each of the provisions of Article 24(1) of the Attorney-at-law Act lists the grounds for disciplinary action against an attorney-at-law (Article 91(2)3). The term “in a case where an attorney-at-law commits an act detrimental to his/her dignity as an attorney-at-law” refers to a case where an attorney-at-law, who is a legal expert with public nature, takes charge of his/her duties to protect fundamental human rights and realize social justice, and thereby, he/she shall not perform his/her duties independently and freely (Article 24(1).

(See Supreme Court Decision 2005Du9019 Decided November 25, 2005, Constitutional Court en banc Decision 2010Hun-Ba454 Decided November 29, 2012, etc.). In light of the fact that an attorney-at-law who must protect another person’s rights and interests is unable to assist the client effectively even if he/she has expertise and experience, the core of the maintenance of dignity is to faithfully perform his/her duties.

An attorney-at-law of the Korean Bar Association under Articles 42 and 42 of the Regulations shall perform his/her duties in good faith and observe professional ethics according to his/her mission.