by the Supreme Court of Korea

Summary

by the Supreme Court of Korea Supreme Court Decision 2006Mo656 Delivered on January 31… (2007 | noyear)

But as a legal counsel’s right to meet and communicate with a physically restrained person is the flip side of the right to be assisted by a legal counsel held by a physically restrained person, as guaranteed as one of the basic rights under the Constitution. So, in recognizing that an exercise of the right to meet and communicate has gone beyond the above limit, one shall be prudent not to infringe upon the essence of the right to be assisted by a legal counsel held by a physically restrained person, as guaranteed as one of the basic rights under the Constitution.
Source: Wikisource

by the Supreme Court of Korea Supreme Court Decision 2006Mo656 Delivered on January 31… (2007 | noyear)

Article 12 of the Constitution 4) Any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by Act.
Article 1 of the Attorney-at-law Act (Mission of Attorney-at-Law) (1) The mission of an attorney-at-law shall be to defend fundamental human rights and realize the social justice.
Source: Wikisource

by the Supreme Court of Korea Supreme Court Decision 2006Mo656 Delivered on January 31… (2007 | noyear)

Article 89 of the Criminal Procedure Act stipulates, "An accused in detention shall meet other people within the legal scope," while Article 209 stipulates that the provision in the above Article 89 shall apply to an arrested or detained suspect, and Article 34 stipulates, "A legal counsel or a person who wishes to be a legal counsel shall meet a physically restrained accused or suspect and give or take documents or objects to or from them."
Source: Wikisource

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