새 형소법 시행앞 피해자 국선변호사 부족…“인력·처우 개선 시급”

As the revised Criminal Procedure Act (Criminal Law) comes into effect next October, there will be an increase in demand for "victim lawyers" to assist victims, according to experts. The ruling party plans to expand the number of national election lawyers to alleviate the financial burden on victims. However, national election lawyers express concerns over poor working conditions and limited improvement.

Upon review of the revised law, it is anticipated that a significant surge in demand for victim lawyers will arise during the process of challenging the findings of a case deemed without fault by the police. Currently, victims can have a lawyer provide interim assistance during an inquiry, but in the future, all cases will be re-examined by the police.

The majority of cases are deemed conclusive by investigative teams, leaving victims with little recourse to challenge the original outcome, such as submitting new evidence. The limited three-month period for initiating an appeal also poses challenges. In Ulsan, where a national election lawyer is handling cases, Jeong Hyuk-joo explains, "The number of cases requesting a review is expected to rise due to the increased number of victims' appeals.

Moreover, the short review period necessitates prompt collection of new evidence, thereby increasing the need for additional legal assistance." Democratic Party member Seo Yong-gyo, the chairman of the House Committee on Constitutional Law and Civil Liberties, advocates expanding the number of national election lawyers to alleviate the financial burden on victims.

To achieve this, addressing the shortage of national election lawyers is crucial. Only 47 out of the total 629 registered national election lawyers specialize solely in representing victims, with the remaining 582 (92.5%) handling both national election and personal cases. Many of these lawyers are concentrated in the capital region.

This concentration has led to delays in appointing national election lawyers in certain regions. Those with prior experience in representing victims express concerns about the worsening conditions in rural areas if the national election system is expanded. The expansion requires incentives such as improved compensation. According to the Customs Agency's 2024 report on the professional income of professionals, the average annual income of a victim lawyer is approximately ₩1.6 million (₩883,000 per month).

National election lawyers receive a monthly salary ranging from ₩600,000 to ₩800,000, which is significantly below the average. The process for selecting national election lawyers should also be improved. Former national election lawyer Kim Soo-hyun emphasizes that in cases where the initial statement is critical, national election lawyers should accompany the victim throughout the inquiry.

However, in most cases, national election lawyers are appointed after the investigation has concluded or while the investigation is ongoing, particularly in serious cases. Victims have expressed significant concerns about the revised Criminal Law. Kim Jin-joo, a victim from the "Port Knocking Case" (name changed), and Jeong Eun-su, a victim from the "Sejong Gang Sexual Assault Case" (name changed), voice their apprehensions to Hani.

Kim Jin-joo states, "It will be difficult to request a review within three months after the incident, as I was hospitalized for two months during the incident." Jeong Eun-su worries, "Now, the police's investigative responsibility is being transferred to the victim, so I'm concerned that the police may transfer the victim's role to themselves."

To alleviate these concerns, the involvement of national election lawyers in representing victims is necessary. The Korean Bar Association's national election lawyer committee chair, Yang Yoon-seop, stresses the need for improving the conditions and support for national election lawyers.