S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) 법학 법학 Volume 43, Number 1/4 (2002)
법의 세계화와 영미 로펌의 세계 지배 -독일 사례를 중심으로-
The Globalization of Law and Its Result, the Conquest of the Anglo-Saxon Law Firms
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.43 No.4, pp. 277-318
- 법무서비스의 시장개방; 외국법자문사(FLC: Foreign Legal Consultant)제도; 법의 글로벌화(Globalization of Law); 메가로펌의 탄생
- Opening the legal market is on the way. Korea is supposed to open its
door to foreign lawyers by the end of 2004. However the extent of market
access for foreign law firms is yet to be decide. At issues are (1) whether
foreign lawyer may practise local laws, (2) whether the domestic branch of
international law firms may use their mother firm's name, and (3) whether
foreign lawyer may be partners with local lawyers or hire them. International
law firms are asking to open the market to the full. Some clients of domestic
law firms agrees with them on the ground that no barriers are necessary so
long as they are of help to enhance the competitiveness of Korean companies.
However, Korean lawyers argue that sudden liberalization could be costly.
In this paper, I reviewed the world legal market to propose a best way to
handle this controversy. First, I studied how and why mega law firms which
govern the world legal market are born in the age of globalization. Second, I
reviewed the experience of Germany's opening its legal market as I believed
the German case means something to Korea. Korean legal system is similar to
Germany's and Germany has been active to open the market to foreign
lawyers. Therefore, we can conjecture the figure of our legal system after
liberalization by comparing the present and past of German legal market.
German legal market is plunged into a turmoil after liberalization. There
were two waves of mergers in the past 15 years. It was not until 1989 that
German law firms were allowed to have more than one office in the whole
country. The first wave of mergers swept in early 1990s after the rule was
relaxed. Big firms came after the national mergers. The second wave of...