[1] The meaning of "legal counseling" under Item 1 of Article 109 of the Attorney-at-Law Act

[2] The case holding that Article 109 subparagraph 1 of the Attorney-at-Law Act is a violation of Article 109, where a party requested legal assistance from a party to a civil lawsuit, discussed the issue of appointment of counsel, etc. and received money in the name of the retainer together with the documents related to the lawsuit

[1] Providing advice or information on the substantive and procedural matters related to the legal dispute, or offering advice or assistance on the legal and practical matters necessary for the resolution thereof constitutes legal counseling under Article 109 subparagraph 1 of the Attorney-at-Law Act.

[2] The case holding that Article 109 subparagraph 1 of the Attorney-at-Law Act is a violation of Article 109, where a party requested legal assistance from a party to a civil lawsuit, discussed the issue of appointment of counsel, etc. and received money in the name of the retainer together with the documents related to the lawsuit

[1] Article 109 subparagraph 1 of the Attorney-at-Law Act / [2] Article 109 subparagraph 1 of the Attorney-at-Law Act

Defendant

Prosecutor

Attorneys Kim Young-young et al.

Seoul Central District Court Decision 2004No2583 Decided September 21, 2004

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. The measure of the court below

According to the reasoning of the judgment of the court below, the defendant was not guilty of this case's legal counsel with the non-indicted 1 and the non-indicted 2's non-indicted 3's non-indicted 2's non-indicted 2's non-indicted 2's non-indicted 3's non-indicted 2's non-indicted 2's non-indicted 3's non-indicted 2's non-indicted 3's non-indicted 1's non-indicted 2's non-indicted 3's non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 3's non-indicted 1's non-indicted 1's non-indicted 3's non-indicted 1's non-indicted 1's non-indicted 3''''''' and the defendant's non-indicted 2's non-indicted 3's non-indicted 2's non-indicted 3's non-indicted 2's non-indicted 3's non-indicted 1's non-indicted 2'.

2. The judgment of this Court

It is necessary to provide advice or information on the substantive and procedural matters related to a false legal dispute, or to provide advice or assistance on the legal and practical matters necessary for the resolution thereof. It should be viewed as the legal counseling under Article 109 (1) of the Attorney-at-Law Act.

According to the facts acknowledged by the court below, the non-indicted 1 received free legal counseling after the civil lawsuit of this case, and the opinion that it is difficult to win in the civil lawsuit of this case is a dominant interest, and there is a method by which the non-indicted 1 can assert opposing power from the defendant." The defendant requested that the non-indicted 1 be able to recover the deposit for lease on a deposit basis. The defendant demanded that the non-indicted 1 have a sexual relationship with him under the condition of providing legal assistance in connection with the civil lawsuit of this case, but the non-indicted 1 continued to provide legal assistance under other conditions. The defendant requested that the non-indicted 1 be able to do so at the same time upon the request of the non-indicted 1, the non-indicted 1's refusal of continuous request of the non-indicted 1, the non-indicted 1 be 0 with the complaint of this case and the non-indicted 1's refusal of the above civil lawsuit of this case with the non-indicted 1's complaint of this case and the non-indicted 1'the defendant's complaint of this case was 20000 days.'

Nevertheless, after the conclusion of the contract of this case, the court below judged that the defendant did not deal with any legal affairs such as legal counseling with the non-indicted 1 concerning the actual civil litigation of this case, and there is no evidence to find otherwise that the defendant had engaged in legal counseling services after the conclusion of the contract of this case, and sentenced the defendant not guilty. Thus, the court below erred by misunderstanding facts against the rules of evidence or misunderstanding the legal principles concerning the violation of Article 109 subparagraph 1 of the Attorney-at-Law Act, which affected the conclusion of the judgment,

3. Conclusion

Therefore, the judgment below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Hong-hoon (Presiding Justice)