Daeryun files a constitutional appeal against the Korean Bar Association’s AI advertising regulations

Bar Association establishes rule banning advertising of non-certified AI legal programs
Dae-Ryun claims "violation of basic rights such as freedom to perform one's job"

Daeryun Law Firm (representative attorneys Kuk-il Kim and Byeong-jun Ko) announced on the 22nd that it filed a constitutional appeal with the Constitutional Court, claiming that the Korean Bar Association's rule banning advertising of artificial intelligence (AI) legal counseling programs violates the Constitution.

In October last year, the Bar Association banned advertising of AI legal programs that were not certified by the association through Article 5 of the Rules on Lawyer Advertisements. The rule stipulates that lawyers cannot advertise that they use AI programs in their work other than those certified by the Bar Association and supervised by the responsible attorney. Additionally, advertisements that allow consumers to use AI programs directly or connect them to lawyers were also prohibited.

Daeryun argued that the rule violates the fundamental rights of lawyers and law firms. A Daeryun official said, "Although AI legal services are a useful tool that allows consumers to access more accurate legal information, the Bar Association's complete ban on related advertisements is a measure that infringes on the freedom of professional practice and freedom of expression."

In addition, the fact that the Bar Association's AI certification standards were insufficient was also pointed out as a problem. The Bar Association stated in Article 5, Paragraph 3 of the ‘Rules on Lawyer Advertising’ that “the Association’s certification standards shall follow separate regulations,” but certification of the AI ​​program itself is impossible because no specific enforcement regulations have been established. Daeryun argued that “the Bar Association’s unilateral ban on AI-related advertising in a situation where there are no certification standards is a measure that weakens the competitiveness of the legal market.”

The reason why Daeryun filed this constitutional petition was because the Bar Association's movement to review disciplinary action continued after it recently released its self-developed AI legal service. It has been reported that the Korean Bar Association believes that the service may violate regulations and is considering countermeasures.

A Daeryun official said, "As AI legal services are being actively introduced overseas, the Korean legal community also needs more flexible regulations to secure global competitiveness. Rather than unconditional regulations, an institutional device that can promote innovation in the lawyer industry must be established."

Meanwhile, Daeryun plans to continue to raise the need for AI utilization, emphasizing that AI legal consulting services do not replace the role of lawyers, but are a means of promoting the development of more professional legal services.

Reporter Jinyoung Lee

[View full article]
Law News - Daeryun, Korean Bar Association files constitutional appeal against AI advertising regulations (link)
Jose Ilbo - Korea Bar Association AI advertising regulation... Daeryun Law Firm Files Constitutional Petition (Click here)
Hankook Ilbo - “Lawyer advertising regulations are unconstitutional”… Daeryun, constitutional complaint against the Korean Bar Association (Shortcut)
SNN - Korea Bar Association AI advertising regulation... Daeryun Law Firm Files Constitutional Petition (Click here)