단상斷想

In Korean society, Kim & Chang Law Office is more than just a large law firm; it is a 'central hub of power'. This giant evil law firm represents the interests of domestic and foreign capital, especially foreign private equity funds and large corporations, and has been criticized for acting against the national interest at times. The collusion between Kim & Chang, the judiciary, the prosecution, and the legal cartel centered on Seoul National University's law school is having a serious negative impact on Korean society and its people. Kim & Chang has repeatedly engaged in traitorous behavior, throwing away the interests of the state and the people like discarded shoes for the benefit of domestic and foreign capitalists.

A representative example is the case where Kim & Chang represented Lone Star, a foreign private equity fund, in the acquisition and sale of domestic financial institutions, earning huge profits but causing serious losses to the national economy. Despite this ruinous act, Kim & Chang put forward self-justifications such as, "Even if we don't do it, another law firm will eventually do it," but public criticism was strong. Some even compared Kim & Chang to "traitors." It is pointed out that many lawyers at Kim & Chang receive annual salaries of hundreds of millions of won, and behind this lies close ties with domestic and foreign capital and the skillful exploitation of legal loopholes.

The Korean legal community is strongly influenced by an academic clique centered around graduates of Seoul National University's law school. Nearly 90% of lawyers at the top 6 major law firms are from SKY universities (Seoul National University, Korea University, Yonsei University), and among them, graduates of Seoul National University's law school account for nearly half. 70-80% of judges and prosecutors are from SKY universities, and they are closely intertwined through alumni networks from the Judicial Research and Training Institute, academic ties, and family connections. The legal community's "prestige effect" and the practice of according preferential treatment to former officials lead to a structure where large law firms like Kim & Chang actively recruit former and current judges and prosecutors. This cartel extends beyond simple personal connections and actually influences the judgments and investigations of the judiciary and prosecution. The structure in which the prosecution exerts influence on the judiciary in indictments and non-indictments, evidence submission, and sentencing, and the judiciary accepts this, has become entrenched. As a result, a system is formed in which the powerful, capitalists, and large law firms collude, and the fairness of the law and democratic principles are severely undermined. The biggest victims of this structure are, of course, the socially vulnerable and powerless ordinary people.

The collusive relationship between the Korean judiciary and large law firms is most clearly revealed through the practice of 'preferential treatment for former judges.' In the legal profession, preferential treatment for former judges refers to the practice of former colleagues giving special treatment to lawyers who have opened their own practice after retiring as judges or prosecutors. In particular, judges who have held high positions such as Supreme Court justices, High Court presidents, and District Court presidents are frequently recruited by large law firms such as Kim & Chang after retirement. From 2010 to 2020, about 70% of former Supreme Court justices joined large law firms after retirement, and more than half of them chose Kim & Chang. They are guaranteed annual salaries of hundreds of millions of won immediately after retirement and are in charge of cases similar to those they had previously judged. This is a reality where the cynical perception that 'a judge's position is a stepping stone to joining a large law firm' is widespread within the judiciary, from pro-Japanese and pro-American flunkeyism to Kim & Chang flunkeyism. The reform plan of the judiciary should prioritize the eradication of preferential treatment for former judges, Kim & Chang, JoongAng Ilbo and Chosun Ilbo, which have been working to weaken national consciousness, and the abolition of national broadcasting.

Therefore, a so-called "lining up" phenomenon is prevalent among incumbent judges. This means that they effectively "apply for a job" by making rulings favorable to large law firms, especially Kim & Chang, in order to join those firms while still in office. Within the court, these judges are referred to with the slang term "already having their business cards made." According to a 2018 study, the success rate in lawsuits involving former presiding judges or higher-ranking legal officials as representatives was found to be an average of 15% higher than in cases represented by general lawyers. In particular, the gap widens even further in cases handled by the court where the judge previously worked, clearly showing how tragically judicial justice is collapsing.

Former judges and prosecutors who have joined large law firms, including Kim & Chang, enjoy privileged status unlike general lawyers. They are treated as 'special beings' within the company and receive much higher compensation than general lawyers. In the case of former Supreme Court Justices or High Court Presidents, their annual salary is known to reach billions of won. Their main task is not actual legal review, but 'door opening', that is, using their personal connections to approach the judge or prosecutor in charge of the case. Another problem that arises after former judges join large law firms is the so-called 'tipping' system. This refers to former judge-turned-lawyers unofficially conveying information about a case or exerting influence on incumbent judges. An even more serious problem is that this practice exists in the form of an 'implicit promise'.

In particular, the Seoul Central District Court and the Court Administration Office are pointed out as key stages for ex-judge preferential treatment and law firm connections. The Seoul Central District Court is a place where lawsuits related to large corporations and high-value civil cases are concentrated, and its judges are major 'scouting' targets for large law firms. From 2015 to 2020, about 60% of former presiding judges of the Civil Affairs Division of the Seoul Central District Court joined the top 5 law firms after retirement, and 40% of them moved to Kim & Chang. They shamelessly take charge of cases similar to those they had previously judged immediately after retirement, which is an act of completely trampling on the fairness of judicial justice.

A serious problem pointed out in Korean society is the "revolving door recruitment" between Kim & Chang and high-ranking government officials. A prime example is former Prime Minister Han Duck-soo, who reportedly worked as an advisor for Kim & Chang after leaving public office and received billions of won in compensation. This is an example that reveals the structural problems of Korean society, beyond the individual problem of Han Duck-soo. It has been suggested that Kim & Chang gained an advantageous position in lawsuits related to policies promoted during his tenure as Han Duck-soo, who served as Minister of Finance and Economy, Head of Trade Negotiation, Ambassador to the United States, and Prime Minister, joined Kim & Chang.

Not only Han Duck-soo but also numerous high-ranking government officials have headed to Kim & Chang after retirement. As many former Ministry of Economy and Finance officials, Fair Trade Commission alumni, and high-ranking National Tax Service executives are recruited by Kim & Chang, criticisms continue that their internal information and connections are used as Kim & Chang's "invisible assets." Based on the connections they made and the internal information they acquired during their tenure, they are in a position to exert influence on their former government colleagues in legal disputes. There is a persistent suspicion that incumbent officials promote policies favorable to the interests of large law firms such as Kim & Chang during their tenure, and after retirement, they are guaranteed high-paying positions as "compensation" for this. This seriously undermines the integrity of public officials and the fairness of public policy.

The power cartel in the Korean legal community, centered around Kim & Chang, is more than just a network of experts; it is a structural problem that seriously undermines fairness and justice in Korean society. In particular, judges' "lining up" and preferential treatment for former judges are serious problems that shake the foundations of judicial justice, and national monitoring and institutional reform are urgently needed. Some conscientious lawyers warn that "the foundations of democracy collapse the moment the law becomes subordinate to power and capital." In order for Korean society to realize true rule of law, strong reforms are needed to fundamentally sever the collusive relationship between large law firms such as Kim & Chang and the courts and prosecution.