Hello, this is Cheongchul Law Firm.

"Can the contents of a consultation with my lawyer be subject to search and seizure?" It is a question worth asking. In short, this used to be a real possibility, but the 2026 amendment to the Attorney-at-Law Act (변호사법) changed the landscape significantly. The amendment introduced the Attorney-Client Privilege (ACP), which protects communications between a lawyer and client as a right of the client. Today we explain what the ACP is, how far it reaches, what exceptions apply, and what you should keep in mind in practice.

[Contents]

1. Why protection used to be weak

2. The introduction of the Attorney-Client Privilege (ACP)

3. How far it reaches — the scope of protection

4. Protection in search-and-seizure and criminal procedure

5. Exceptions to the privilege

6. Document management you should handle in practice

Why protection used to be weak

The former Attorney-at-Law Act only imposed a duty of confidentiality on the lawyer. In other words, the duty to keep secrets rested with the lawyer, while the client's right to refuse disclosure of the consultation was not clearly recognized.

As a result, even when investigative authorities searched a law office or a client company and seized legal opinions or emails, the client lacked a clear legal basis to block it. Setting aside any breach of the lawyer's duty, the client's secrets that deserved protection were at risk of being exposed through the procedure itself.

The introduction of the Attorney-Client Privilege (ACP)

In January 2026, the amendment to the Attorney-at-Law Act (변호사법) formally introduced the Attorney-Client Privilege (ACP). The most important change is that confidentiality was elevated from the lawyer's duty to the client's right.

Clients can now go beyond merely "hoping the lawyer keeps the secret" and hold an affirmative right to refuse disclosure of their consultation. Turning confidentiality from a duty into a right means the client now has a basis to assert protection directly in investigations and trials.

How far it reaches — the scope of protection

The scope of ACP protection is broader than one might expect. The protected communications described in the video are as follows.

• Emails exchanged with the lawyer

• Messenger and text conversations with the lawyer

• Advisory memos and legal opinions prepared by the lawyer

• Litigation preparation documents

Notably, communications exchanged during the pre-engagement consultation stage, before a formal retainer is signed, may also fall within the scope of protection. In other words, even before formally entrusting a case, the consultation a client has with a lawyer can be protected, so relatively robust protection applies from the earliest consultation stage.

Protection in search-and-seizure and criminal procedure

The ACP was not established by the statutory amendment alone. Around February 2026, the Supreme Court likewise held that this right is derived directly from the constitutional right to the assistance of counsel (변호인의 조력을 받을 권리).

This carries significant weight in criminal procedure. Because the right to the assistance of counsel is a fundamental right guaranteed by the Constitution, the privilege derived from it can be understood as protection with a constitutional foundation, not merely a statutory right. Accordingly, the ACP is already being substantially reflected in criminal procedure, and there is now a clearer basis to assert protection for confidential attorney-client materials even during a search and seizure by investigative authorities.

Exceptions to the privilege

That said, the ACP is not recognized without limit in every case. The main exceptions mentioned in the video are as follows.

• Where the client voluntarily consents to disclosure

• Where the lawyer participated in the client's crime or unlawful conduct

• Where there is a significant public-interest need

In these situations, the contents of the consultation may exceptionally be disclosed. These limits show that the privilege exists to protect legitimate legal assistance, not as a tool to conceal unlawful conduct.

Document management you should handle in practice

Even with the right in place, day-to-day document management is essential to actually receive ACP protection. The practical points raised in the video are as follows.

• Keep legal advice materials clearly separated from general business documents.

• Add a marking indicating the document is subject to confidentiality on advisory documents.

• Where possible, name the lawyer as a direct recipient when exchanging communications.

For companies in particular, if internal documents are mixed in with general business files, even the legal advice materials that should be protected may be exposed together. Systematically separating and managing documents in advance is what makes ACP protection effective in practice.

The Attorney-Client Privilege is an important change that strengthens the protection of a client's rights. However, the scope of protection, the exceptions, and the appropriate way to manage documents can vary depending on the individual case, so if you are concerned about responding to a search and seizure or managing legal advice materials, please contact Cheongchul Law Firm. Our lawyers, who handle every case from start to finish, are here to help.

This post is provided for general legal information and does not constitute legal advice on any specific matter. For an actual case, please be sure to consult a lawyer.