Lawyer Jeon Jong-min, Looking for master at judicial circle, “Administrative agency with professionalism shall lessen consumptive legal debate
"Administrative agency with professionalism shall lessen consumptive legal debate."
[Looking for master at judicial circle] Lawyer Jeon Jong-min at law firm Hwa-u
Ob/gyn at maternity clinic informs mother of fetus sex that has become natural. Before revision of the Medical Service Act was effective last year, not only diagnosis for the purpose of fetal sex identification but also notice of fetal sex was illegal. Revision of the Medical Service Act allows fetal sex identification 32 weeks after being pregnant. The law made change 23 years after prohibition of fetal sex identification of the Medical Service Act was enacted in 1987.
Revision of the Medical Service Act was difficult. Constitutional appeal was raised to verify infringement of prohibition of fetal sex identification upon rights of the pursuit of happiness to start discussion, while the religious and ethical circle opposed the revision considering negligence of life and abortion by fetal sex identification: So, agreement and disagreement confronted each other.
Lawyer Jeon Jong-min (44 years old, see photo) at law firm Hwa-u who was majored in Constitutional law and administrative law said at constitutional appeal case, "Abortion is not allowed at latter half of pregnancy not to violate goal of the Medical Service Act that protects rights of fetus life", and succeeded in decision of disagreement of the Constitution.
Lawyer Jeon Jong-min said at public hearing that notice of fetus sex identification was punished because of danger of abortion despite abortion punishment law to have problem. At last, the Constitutional Court judged that the regulation had excessive limitation upon not only physician's freedom of job but also parents' access to the information. And, the court added that unconditional prohibition clause of fetus sex identification did not meet changes of the times.
◇ 'Worthiness' of the constitutional case reflecting changes of the times
Lawyer Jeon Jong-min said, "When inspecting fetus sex identification constitutional appeal case, I have cognized that the Constitution was not far from us but close to our lives. The constitutional appeal case has reflected changes of the times to be attractive and to make change of the society and to be very much fruitful."
The Constitutional Court inspected many cases, for instance, infringement of Internet real name system upon freedom of the expression, punishment of the adultery, homosexual's joining in the military force, whether or not professor Jang Ha-jun's writing of "Bad Samaritans" has bad influence upon soldiers' spiritual force, all of which were in dispute in the society.
Cases for judgment of the Constitutional Court have increased to call era of Constitutional appeal. But, the Constitutional appeal has short history. In the era of the 4th Republic of Korea and the 5th Republic of Korea that had the Constitution Committee, no case of the Constitutional appeal was raised. In 1988, time of the 6th Republic of Korea, the Constitutional appeal started for the first time.
"Administrative agency with professionalism shall lessen consumptive legal debate."
Lawyer Jeon Jong-min said, "Since latter half of the 1990s, the court judged according to basic rights of the Constitution": And, he added "Realization of constitutional spirit of lives in the society indicates more democracy than the past."
◇ Legal dispute at selection of Anmyeon-do project business
As the Constitution of fundamental norm of not only the government's governing organization but also people's rights to know is said to be human brain and heart, so the Administrative Act plays role of human hands and foot. In other words, the law realizes basic ideology of the Constitution.
The administrative lawsuit covers disagreement to administrative agency's punishment and agency's disciplinary actions, and permit and licence, and selection of business entity, and other legal relations with administrative entities. Lawyer Jeon who worked for administrative court in his service of judge has played role of administrative law specialist.
In 2006 when Emerson Pacific, resort business, was nominated to be Anmyeon-do tourism place developer in Taean-gun Chungcheongnam-do, competitor 'A' raised lawsuit against governor of Chungcheongnam-do province to cancel nomination of project business. "A" complained to suspend development project because he was selected to be first priority preferred at specialists rating prior to selection of project business.
1st trial court supported 'A'. At the appeal trial, lawyer Jeon overturned judgment of 1st trial in one year on behalf of Emerson Pacific, supplementary participant of the lawsuit. At last, "A" followed judgment of appeal court to give up appeal and to make change of Anmyeon-do and convert it into international tourism place.
Lawyer Jeon said, "Legal dispute that prevented tourism place from being developed for a long time has been completed to let 'Venice at West Coast of the Korean Peninsula: And, he added "Production effect shall reach 1.5 trillion KRW, and income effect shall do 400 billion KRW."
Lawyer Jeon was given judgment from the court on behalf of Asiana Airlines that lost application time of airline transportation rights allocation of the Ministry of Land, Infrastructure and Transport, saying, "Do not give limitation on rights of administrative measure because of elapse of temporary application time of the ministry unless the laws do not mention application time". The case was the first one that gives limitation on elapse of application time of administrative measure of the government.
And, lawyer Jeon defended lawsuit of cancellation of rejection measure of nomination of law schools of the Ministry of Education, Science and Technology, and gave consultant service at conflict with Seoul city government concerning free food and Seoul Plaza control ordinance to be legal advisor of municipal assembly of Seoul City Government.
◇ Take care of applicant's case carefully as my own job: Do not lose objective point of view
Lawyer Jeon wanted to live life of lawyer at the court and said, "I want to play another type of Baduk game". He said, "Judge is forced to fight against records, and is not allowed to meet many persons", and added, "I wanted to meet various kinds of persons."
He said that he was mature after being a lawyer. He added, "I recollected that I was not interested in neighboring person at the time of judge. After taking job of lawyer, I have watched persons in the street one by one carefully. I have made effort to think of another person's life and to understand."
Lawyer Jeon is said to think of applicant's case like his own job and to pay attention. He has kept objective point of view of the case to have good judgment and insight into the case and to have high ratio of winning.
◇ Higher professionalism of the Administrative Agency
Lawyer Jeon who was specialist of the Administrative Act put an emphasis upon administrative agency's professionalism. Unlawful judgment of the administrative agency that selects business and decides upon sanction and/or punishment may produce trial to give citizens pains and difficulties.
Lawyer Jeon said, "Before taking measures, administrative agency shall get consulting service from professionals. Carefulness of the administrative agency that plays roles of hands and foot shall lessen consumptive lawsuit and associated damage remarkably."
