Jeongwan yeu

Jeongwan yeu refers to an informal arrangement in the South Korean legal system whereby retired judges and public prosecutors who go on to become lawyers in private practise receive special treatment from their incumbent former colleagues. A paper from the Korea Institute of Public Administration describes it as one of the four major problems caused by the way in which South Korea appoints judicial officers. The term may also be used more broadly to refer to preferential treatment for retired regulators who go on to take private-sector jobs in the industries which they were previously responsible for regulating, a form of regulatory capture.

It is variously translated into English as:

"privileges of former post"

"allowing privileges associated with one's former post"

"special consideration to former judges and prosecutors"

"honorable treatment to retired colleagues"

Roots

Jeongwan yeu is said to be a result of South Korea's system of legal education and appointment of judges. All law students who pass the bar examination (formerly limited to 300 students, though the cutoff was raised to 1,000 in the early 2000s) attend a two-year course at the Judicial Training Research Institute before being considered for appointment as a judge or public prosecutor; this training offers them the opportunity to develop close bonds with one another. Those who are not appointed have the option of becoming defense attorneys, or pursuing other professions. Judges and public prosecutors are thus appointed to their positions at a young age, and many retire early, in their 40s and 50s, in order to work as private attorneys.

Effects

The exact nature of the "special consideration" may vary. Prosecutors and judges, for their part deny that there is any impropriety at all. However, as stated by the Doosan Encyclopedia, the practice may extend as far as former judges and prosecutors being given a favourable ruling at their first trial in private practice, regardless of its merits.