International Law

Dominance of SKY Universities Nearly Complete in Legal Profession

Anyone who’s had contact with Korean society for any period of time will be familiar with the importance of school networks, and, thus, the university entrance examination. An unholy triumvirate of three universities in the capital—Seoul National University (“S”), Korea University (“K”), and Yonsei University (“Y”)—has such a hammerlock on influence and power that teenagers will sit out a year and try again on the test rather than go to a “lesser” university, or commit suicide out of hopelessness over their lot in life without a SKY diploma.

As it happens, SKY schools also have a firm grip on the legal profession—especially the judiciary and prosecution.

Earlier in the week, a reader (thanks, reader!) forwarded a link to the execrable Korea Times (yeah, thanks a lot, reader…) piece describing findings announced by National Assemblyman Lee Chun-seok. However, I got a little busy and didn’t get around to posting it. Plus, even though the execrable Korea Times is in English and therefore more accessible to the Korea Law Blog’s primarily English-speaking readership, I don’t like the paper and dislike linking to it so much.

So I was delighted to see that the guys at the estimable Korea Beat weblog (recommended by your Uncle B!) had gone to the bother of translating a slightly better Yonhap News piece on the same topic. Korea Beat editorializes “the situation in South Korea appears to be almost ludicrous”.

According to the Yonhap story, of the 5919 new lawyers admitted in the six years from 2002 to 2007, SKY graduates comprised 3662—almost 62%. Three other Seoul universities—Hanyang University, Ewha Womans University, and Sungkyunkwan University—added nearly 1000 more new lawyers to the mix in that period, making the “top 6” Korean universities the source of 78% of new lawyers minted in that six-year period.

Note the diminishing returns, and see how your chances of grabbing the brass ring fall even within the “top three” schools, according to Yonhap:

The so-called SKY schools, SNU, KU, and YU, accounted for 2,010, 990, and 662 successful applicants respectively, 61.9% of the total.

Hanyang, Ewha, and SKKU accounted for 332, 263, and 361 successful applicants respectively.

In particular, the selection of new judges (in Korea, judge is a first legal job for fresh admittees to the bar) and prosecutors seems to be at least partly driven by school ties. The winners at the Judicial Research and Training Institute go into government service, while the “losers” (mind you, still fantastically talented people having survived the Korean bar examination) have to work for clients. Quoth the Korea Times:

Of 1,205 new judges appointed between 2003 and 2008, nearly 80 percent or 964 graduated from the “SKY” universities…said Rep. Lee…citing data from the Ministry of Justice.

Of 780 prosecutors designated during the same period, 546 were from these schools, accounting for 70 percent in total. The lawmaker added that roughly 60 percent of the 1,000 people who pass the Korean bar exam each year are also SKY certificate holders.

Clearly, if you’re a Korean kid aspiring to the legal profession, which itself is protected by a massive barrier to entry in the bar examination (which only about 2% of applicants pass), admission to a top Korean university is much more critical than it is for aspirants in other legal markets. But it ain’t just for future lawyers, says the Korea Times:

Such a “SKY-take-most” phenomenon is not confined to the legal circle. It has also played out in the field of business, the administration and journalism.

For instance, of 285 top government officials including ministers, vice ministers, and presidential secretaries, 61 percent or 175 are SKY graduates. Seven out of ten chief executive officers of top 100 Korean companies by market value in 2007 graduated from one of the three colleges.

So as you can see, getting into a SKY school is like being tapped for the Mob. You’d think that once in, and having passed the bar examination, and been selected to join the court, a young lawyer could breathe easy. You’d be wrong:

Such SKY-dominant atmosphere invites invisible discrimination against those with what they call “inferior academic background.”

A former judge from a non-SKY university said, “School of origin appears to be playing a minor role in choosing those to be promoted in judicature. However, it’s very, very important indeed.”

Of 14 Supreme Court judges here, Kim Ji-hyung is the only one with a non-SKY academic background. His alma mater is Wonkwang University in Iksan, North Jeolla Province.

Another former judge added, “Competition among SKY graduates is also very intense. Some form an unofficial alliance with colleagues with identical backgrounds to take an upper hand in promotion.”

This means the Seoul National University guys gang up on the Korea and Yonsei guys, who in turn would gladly knife the others to get ahead.

Despite the selectivity, or perhaps because of the selectivity, it doesn’t appear that the judicial system comports itself in accordance with the high standards supposedly advanced by keeping the hoi polloi away.

Full post as published by Korea Law Blog on October 25, 2008 (boomark / email).