👉The table of contents so far is here.
Chapter 8: Overview of Legal Profession Law
8.1. Certified Lawyer and Notary Public
The administration of justice, which applies the law and resolves various disputes, requires the existence of legal professionals who specialize in legal affairs and judicial duties. As discussed later, the use of artificial intelligence in the judicial field is being promoted, but it is none other than human legal professionals who operate this technology.
While there is no unified law defining the qualifications and authority of legal professionals, this chapter will provide an overview of the various laws that provide for the legal profession, collectively referred to as "legal profession law."
With the exception of the area of impeachment justice, the nature of the legal profession under a communist judicial system that does not rely on the traditional court system is significantly different from that under capitalist societies. Since there is basically no court system, the position of judge naturally does not exist, nor does the position of prosecutor, who represents the state in court, primarily in criminal cases.
Meanwhile, while lawyer specializing in legal affairs is indispensable in the private sector, its main duties will no longer be courtroom arguments, and so it will be reclassified as a new professional occupation known as certified lawyer rather than attorney.
In addition, the equity commissioner, truth commissioner, tribune, and other judicial positions we have seen so far will be appointed from among certified lawyers through prescribed procedures. In that sense, certified lawyers will become a unified source of human resources for all judicial positions.
On the other hand, the absence of a court system will make the duties of notary public, who specialize in official certification, important. Notary public has a long history of preparing notarized deeds attesting to contracts and other legal relationships, and because it play a crucial role in preventing legal disputes before they occur, it will be given a clear new position as a second legal profession alongside certified lawyer.
Training for certified lawyer and notary public is only available through the law school, which is one of the academies for highly skilled professionals. This means that only after graduating from law school and passing the certified lawyer or notary public qualification exam can one legally practice as a legal professional.
However, to ultimately become a certified lawyer, one must first pass the initial stage of the two-stage examination. The duties of an assistant certified lawyer are limited to supporting roles within the public legal sector, as well as within the private legal sector such as legal departments of corporations and other organizations, which will be discussed later. Those assistant certified lawyers cannot independently perform duties as a legal practitioner.
After gaining a required number of years of experience as an assistant certified lawyer and passing the final exam, one becomes a full-fledged certified lawyer. This reflects the fact that in communist societies, professionals are generally trained through an apprenticeship-like process, rather than being granted lifetime status through a single exam.
👉The papers published on this blog are meant to expand upon my On Communism.
