The Seoul Bar Association, led by President Cho Soon-yeol, announced it will hold a forum on public interest litigation costs on August 20 at 2 p.m. in the Justice Hall on the fifth floor of the Seoul Bar Association building in Seocho-dong. The event is co-hosted with lawmakers Kim Nam-hee of the Democratic Party and Choi Bo-yoon of the People Power Party.
Current civil procedure law maintains the 'loser pays principle,' which requires the losing party in a lawsuit to bear all litigation costs. However, this principle has been criticized for discouraging public interest litigation aimed at protecting the rights of vulnerable groups and minorities, effectively limiting citizens' fundamental right to seek judicial redress.
Public interest litigation serves not only to remedy individual rights but also to address systemic discrimination and inequality in society, guiding government and local policies. Nevertheless, the significant financial risk of bearing the opposing party's legal costs in the event of a loss makes it challenging for individuals and civic groups with limited financial resources to pursue litigation.
As a result, civil society has consistently called for the establishment of institutional mechanisms to reasonably alleviate the burden of litigation costs associated with losing public interest cases.
The upcoming forum aims to highlight the positive trends in recent institutional reforms, such as the expansion of local government ordinances supporting public interest litigation costs, while also comparing and analyzing legislative examples from major developed countries. It seeks to explore various alternatives to ensure that related legislative amendments currently pending in the National Assembly are effectively enacted.
Attorney Jang Beom-sik, a member of the Seoul Bar Association's Human Rights Committee, will present on 'The Reality of Public Interest Litigation in Korea and the Limitations of the Loser Pays Principle.' He will particularly address the adverse effects of the current litigation cost burden system on public interest activities and emphasize the need for reform.
The designated discussion will be moderated by Attorney Yeom Hyung-guk, chair of the Human Rights Committee of the Seoul Bar Association.
Panelists will include Attorney Jeong Da-eun, a former Gwangju City Council member; Judge Yeo Dong-geun from the Court Disability Law Research Association; Attorney Lee Chang-woo from the Korea Legal Aid Corporation's Cheonan branch; and Attorney Eom Ja-hye, deputy secretary of the Korean Bar Association. They will convey diverse perspectives from the judiciary, legal community, and local governments, engaging in a lively discussion.
The Seoul Bar Association expressed hope that the forum will broaden social consensus on alleviating the burden of public interest litigation costs and safeguarding citizens' right to seek judicial redress. It also pledged to continue pursuing effective legislative and institutional improvements to promote public interest litigation.
* This article has been translated by AI.
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