Interpretation of the latter part of Article 79 (3) of the Attorney-at-Law Act

The latter part of Article 79 (3) of the Attorney-at-Law Act is a provision punishing a person who has not been an attorney-at-law but has expressed or written the purport of dealing with legal counseling or other legal affairs for the purpose of earning a profit, and it does not have a direct quid pro quo relationship between his interest and the handling of legal counseling or other legal affairs.

Article 79 (3) of the Attorney-at-Law Act

Defendant 1 and one other

Defendants

Attorney Kim Yong-hoon

Busan District Court Decision 87No399 delivered on September 21, 1987

All appeals are dismissed.

The grounds of appeal by defense counsel are examined.

The latter part of Article 79 (3) of the Attorney-at-Law Act provides that "a person, not an attorney-at-law, who indicates or states that he will handle legal counseling or other legal affairs for the purpose of making a profit." It shall not only be the purpose of making such indication or statement, but also be the direct quid pro quo relationship between his legal counseling and other legal affairs. The judgment of the court below shall be interpreted that the defendants put up the signboard "legal assistance center (mutual omission)" as a means of selling the books "legal assistance center (mutual omission)" for the purpose of making a benefit without an attorney-at-law's consent, and if a person pays 90,000 won as membership fees, he shall provide a lifelong legal assistance and propaganda for 2,00 members, and it shall not be deemed that there is no legitimate misunderstanding of the rules of evidence and the reasoning of the court below's decision that the defendants' act of collecting 100 documents, including the head of the lawsuit submitted to the court, and it shall not be deemed that there is no legitimate misunderstanding of the rules of evidence and the court's 19.

Therefore, all appeals by the Defendants are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Sang-hoon (Presiding Justice)