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CERTIFIED PUBLIC LABOR ATTORNEY ACT

Act No. 3771, Dec. 31, 1984

Amended by Act No. 4234, Apr. 7, 1990

Act No. 5018, Dec. 6, 1995

Act No. 5477, Dec. 24, 1997

Act No. 5815, Feb. 5, 1999

Act No. 5887, Feb. 8, 1999

Act No. 6333, Dec. 30, 2000

Act No. 7046, Dec. 31, 2003

Act No. 7428, Mar. 31, 2005

Act No. 7796, Dec. 29, 2005

Act No. 8473, May 17, 2007

Act No. 8615, Aug. 3, 2007

Act No. 8780, Dec. 21, 2007

Act No. 9255, Dec. 26, 2008

Act No. 10321, May 25, 2010

Act No. 10339, jun. 4, 2010

Act No. 12624, May 20, 2014

Act No. 13898, Jan. 27, 2016

 Article 1 (Purpose)
The purpose of this Act is to seek to ensure smooth operation of labor-related affairs and autonomous labor management in business or workplace through establishment of a certified public labor attorney system, thus improving the welfare of workers and contributing to the sound development of enterprises.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 2 (Scope of Duties)
(1) Any certified public labor attorney shall perform the following duties:
1. Representation or agency of notification, application, report, statement, claim (including filing an objection, inspection claim and adjudication claim) and remedy against infringement of rights, etc. made to the authorities under labor-related statutes;
2. Writing and confirming all documents prepared under labor-related statutes;
3. Consultation and guidance regarding labor-related statutes and labor management;
4. Labor management diagnosis on the business or workplace to which the Labor Standards Act is applicable;
5. Private mediation or arbitration arranged under Article 52 of the Trade Union and Labor Relations Adjustment Act.
(2) "Labor management diagnosis" prescribed in paragraph (1) 4 means a series of actions to analyze and diagnose the matters concerning personnel affairs, labor management, labor-management relations, etc. of business or workplace and provide reasonable improvement measures to the business or workplace, at the request of one or both labor and management.
(3) The scope of labor-related statutes referred to in paragraph (1) 1 through 3 and matters necessary for the implementation of labor management diagnosis under paragraph (1) 4 shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 3 (Qualifications)
Any person who has passed the qualifying examination for certified public labor attorneys under Article 3-2 shall be qualified as a certified public labor attorney.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 3-2 (Qualifying Examination for Certified Public Labor Attorneys)
(1) The qualifying examination for certified public labor attorneys shall be administered by the Minister of Employment and Labor, and the first, second, and third rounds of examinations. shall be administered separately. <Amended by Act No. 10339, Jun. 4, 2010>
(2) No person falling under the grounds for disqualification referred to in Article 4 based on the date on which the names of those who have passed the qualifying examination for certified public labor attorneys are announced shall apply for the qualifying examination for certified public labor attorneys. <Newly Inserted by Act No. 10321, May 25, 2010>
(3) The Minister of Employment and Labor shall cancel his/her decision to pass those who have applied for the qualifying examination for certified public labor attorneys where such application is made by those disqualified to apply for the qualifying examination for certified public labor attorneys pursuant to paragraph (2). <Newly Inserted by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(4) Qualifications of applicants to take the qualifying examination for certified public labor attorneys, subject areas and methods of examinations referred to in paragraph (1), delivery of qualification certificate, and other matters necessary for the examination shall be prescribed by Presidential Decree.
(5) Any person who wants to take the qualifying examination for certified public labor attorneys shall pay such fees as prescribed by Presidential Decree, up to an amount not exceeding the actual expenses of the exam. In such cases, matters necessary for fee payment methods and refund of such fees shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13898, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 3-3 (Partial Exemption from Examination)
(1) Any of the following persons shall be exempt from the first round of the qualifying examination for certified public labor attorneys in all subject areas, and from the second round of examination in subject areas prescribed by Presidential Decree not exceeding 1/2 of the total number of subject areas for the second examination:
1. Any person who has served as a public official of Grade V or higher or a public official in general service belonging to the Senior Civil Service Corps for at least five years from among those who have careers in the field of labor administration for at least ten years;
2. Any person who has served as a public official of Grade VI or higher or a public official in general service belonging to the Senior Civil Service Corps for at least eight years from among those who have careers in the field of labor administration for at least 15 years.
(2) Any person who has careers in the field of such labor-related affairs prescribed by Presidential Decree for at least ten years shall be exempt from the first round of examination in some of the subject areas, as prescribed by Presidential Decree.
(3) The scope of public officials having careers in the field of labor administration prescribed in any subparagraph of paragraph (1) shall be prescribed by Presidential Decree.
(4) Any person who has passed the first round of examination shall be exempt from the next first-round examination only once, and any person who has passed the second round of examination from the next first and second-round examinations only once.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 3-4 (Certified Public Labor Attorney Qualification Deliberative Committee)
(1) A Certified Public Labor Attorney Qualification Deliberative Committee may be established in the Ministry of Employment and Labor to deliberate on the following matters concerning the acquisition of qualifications for a certified public labor attorney: <Amended by Act No. 10339, Jun. 4, 2010>
1. Matters concerning the qualifying examination for certified public labor attorneys, such as the adjustment of subject areas;
2. Matters concerning requirements for partial exemption from examinations;
3. Other matters concerning the acquisition of qualifications for a certified public labor attorney;
4. Decision on the number of people to be selected through the examination.
(2) Matters necessary for the composition, operation, etc. of the Certified Public Labor Attorney Qualification Deliberative Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 3-5 (Measures against those who have Cheated in Examination)
The Minister of Employment and Labor shall suspend or nullify the examination with respect to the applicants who have cheated in the qualifying examinations for certified public labor attorneys or cancel the decision to pass such applicants and suspend their eligibility to take the examination for five years from the date when the examination is suspended or nullified or the decision to pass such applicants is cancelled. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 8615, Aug. 3, 2007]
 Article 4 (Grounds for Disqualification)
None of the following persons shall become a certified public labor attorney: <Amended by Act No. 13898, Jan. 27, 2016>
1. A minor;
2. A person under adult guardianship or a person under limited guardianship;
3. A person who has been declared bankrupt and has not been reinstated;
4. A public official in whose case three years have not elapsed since his/her discharge was imposed as part of disciplinary action;
5. A person in whose case three years have not elapsed since his imprisonment without labor or greater punishment declared by a court was completely executed or exempted;
6. A person in whose case two years have not elapsed since his/her suspension of the execution declared by a court was completely executed;
7. A person who is under suspension of sentence of his/her imprisonment without labor or greater punishment.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 5 (Registration)
(1) When a person licensed as a certified public labor attorney intends to commence duties referred to in Article 2, he/she shall apply for registration with the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(2) When any of the following persons applies for registration pursuant to paragraph (1), the Minister of Employment and Labor shall reject such registration: <Amended by Act No. 10339, Jun. 4, 2010>
1. A person falling under the grounds for disqualification referred to in Article 4;
2. A person who fails to receive training and education referred to in Article 5-2 (1);
3. A person in whose case three years have not passed since his/her registration was cancelled pursuant to Article 19 (1) 1;
4. A person in whose case three years have not passed since his/her registration was cancelled pursuant to Article 20.
(3) When the Minister of Employment and Labor rejects registration pursuant to paragraph (2), he/she shall notify the applicant thereof, expressly clarifying the grounds therefor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 10321, May 25, 2010]
 Article 5-2 (Education of Certified Public Labor Attorneys)
(1) In order for persons licensed as a certified public labor attorney (excluding those falling under the subparagraphs of paragraph (1), and paragraph (2) of Article 3-3) to commence his/her duties, they shall receive training and education for a period prescribed by Presidential Decree not exceeding one year, before applying for registration referred to in Article 5.
(2) Any certified public labor attorney who has completed registration pursuant to Article 5 (1) (hereinafter referred to as "practicing labor attorney") shall receive refresher training designed to include contents to enhance expertise and ethics of practicing labor attorneys (hereinafter referred to as "refresher training) for the number of hours prescribed by Presidential Decree not exceeding eight hours per year (including at least one hour of training in professional ethics necessary for a certified public labor attorney): Provided, That the same shall not apply to the following cases: <Amended by Act No. 13898, Jan. 27, 2016>
1. When a certified public labor attorney is unable to normally conduct the duties of certified public labor attorneys due to disease, etc.;
2. When a certified public labor attorney is unable to receive refresher training for good reason, such as suspension of business;
3. When it is not appropriate for a certified public labor attorney to take refresher training due to old age, as determined by the Certified Public Labor Attorneys Association referred to in Article 24.
(3) The Minister of Employment and Labor may designate institutions and groups satisfying standards prescribed by Presidential Decree for facilities, manpower, educational records, etc. as an institution providing refresher training (hereinafter referred to as "designated educational institution"). <Amended by Act No. 10339, Jun. 4, 2010>
(4) When a designated educational institution falls under any of the following, the Minister of Employment and Labor may cancel the relevant designation: Provided, That he/she must cancel the relevant registration in cases of subparagraph 1: <Amended by Act No. 10339, Jun. 4, 2010>
1. When a designated educational institution is found to have obtained designation by fraud or other improper means;
2. When a designated educational institution handles persons who have failed to complete refresher training as if they completed refresher training;
3. When a designated educational institution fails to satisfy the standards referred to in paragraph (3).
(5) The contents of education referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree, and the methods and procedures for education and other matters necessary therefor shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 10321, May 25, 2010]
 Article 6 (Restriction on Establishment of Offices)
Each practicing labor attorney shall establish and operate only one office.
[This Article Wholly Amended by Act No. 10321, May 25, 2010]
 Article 7 (Joint Offices)
(1) Practicing labor attorneys may set up a joint office comprised of at least two practicing labor attorneys in order to carry out the affairs efficiently and to increase public trust.
(2) Deleted. <by Act No. 13898, Jan. 27, 2016>
(3) The provisions concerning partnership prescribed in the Civil Act shall apply mutatis mutandis to matters concerning joint offices not provided for in this Act.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 7-2 (Labor Law Firms)
Any practicing labor attorney may establish a labor law firm in order to perform business in a systematic and professional manner.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 7-3 (Members, etc. of Labor Law Firms)
(1) A labor law firm shall be comprised of at least two practicing labor attorneys.
(2) No person who is under the suspension of duty pursuant to Article 20 shall be a member of a labor law firm. <Amended by Act No. 10321, May 25, 2010>
(3) Each labor law firm can employ certified public labor attorneys who are not members (hereinafter referred to as "associate certified public labor attorney"). <Newly Inserted by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 7-4 (Procedures, etc. for Incorporation of Labor Law Firms)
(1) When incorporating a labor law firm, the certified public labor attorney who will be a member shall prepare its articles of incorporation, and obtain authorization thereof from the Minister of Employment and Labor, as prescribed by Presidential Decree. The same shall also apply to the modifications of the articles of incorporation. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The articles of incorporation shall include the following: <Amended by Act No. 10321, May 25, 2010>
1. Purpose;
2. Name;
3. Location of the principal office and branch offices;
4. Names and addresses of members;
5. Matters concerning the contribution from members;
6. The period or grounds, if the period of existence or ground for dissolution is determined;
7. Other matters prescribed by Presidential Decree.
(3) Each labor law firm shall be registered, as prescribed by Presidential Decree.
(4) Each labor law firm shall be duly formed upon completion of the registration for incorporation thereof at the registry office having jurisdiction over its principle place of business.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 7-5 (Dissolution of Labor Law Firms)
(1) A labor law firm shall be dissolved for any of the following reasons:
1. Occurrence of grounds for dissolution determined by the articles of incorporation;
2. Resolution at a general meeting of members;
3. A merger;
4. Bankruptcy;
5. Cancellation of authorization of incorporation.
(2) If a labor law firm is dissolved, the liquidator shall, without delay, report the ground for such dissolution to the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 7-6 (Cancellation of Authorization for Establishment, etc. of Labor Law Firms)
When a labor law firm falls under any of the following, the Minister of Employment and Labor may cancel the relevant authorization for the establishment thereof or order the suspension of business for a fixed period not to exceed one year: Provided, That he/she shall cancel the relevant authorization in cases prescribed in subparagraphs 1 through 3: <Amended by Act No. 10339, Jun. 4, 2010>
1. When a labor law firm fails to fill vacancies within three months from the date on which it falls short of the number of members referred to in Article 7-3 (1);
2. When a labor law firm conducts business in violation of an order for suspension of business;
3. When a labor law firm is found to have obtained authorization referred to in Article 7-4 by fraud or other improper means;
4. When a labor law firm establishes and operates an office in violation of Article 7-7 (3);
5. When a labor law firm employs assistants in violation of Article 11 (4) which applies mutatis mutandis pursuant to Article 7-10 (2);
6. When a member or an associate certified public labor attorney of a labor law firm violates Article 13;
7. When a labor law firm benefits from leading practicing labor attorneys or former practicing labor attorneys (including assistants or former assistants to practicing labor attorneys or former practicing labor attorneys) to divulge the facts they became aware of in the course of conducting duties, without good cause;
8. When a labor law firm fails to follow orders to submit reports, data, etc., referred to in Article 18 (1) or refuses, obstructs or evades inspections or questions.
[This Article Wholly Amended by Act No. 10321, May 25, 2010]
 Article 7-7 (Offices of Labor Law Firms)
(1) Each labor law firm may have branch offices in addition to its principal office. In such cases, it shall indicate, in such branch offices, the fact that they are its branch offices.
(2) Neither member nor associate certified public labor attorney of any labor law firm shall establish separate offices other than that of the labor law firm.
(3) At least one full-time member who is a certified public labor attorney shall work full time in the principal office and each branch office of a labor law firm.
[This Article Newly Inserted by Act No. 10321, May 25, 2010]
 Article 7-8 (Labor Law Firms’ Methods of Conducting Business)
(1) Each labor law firm shall conduct business in its name and designate certified public labor attorneys for each case accepted, who are to take charge of such case (hereinafter referred to as "certified public labor attorney in charge"): Provided, That when a labor law firm designates an associate certificated public labor attorney as a certified public labor attorney in charge, it shall do so by designating any member of the labor law firm to join him/her.
(2) When a labor law firm conducts business without designating a certified public labor attorney in charge, all members of the labor law firm shall be deemed designated as a certified public labor attorney in charge.
(3) Each certified public labor attorney in charge shall represent the relevant labor law firm when conducting his/her business designated.
(4) Each labor law firm shall mark its name on every document it prepares in connection with its business affairs, and each certified public labor attorney in charge shall write his/her name and affix his/her seal, or affix his/her signature, thereon.
[This Article Newly Inserted by Act No. 10321, May 25, 2010]
 Article 7-9 (Prohibition of Concurrent Holding of Any Two Offices)
(1) Every member or associate certified public labor attorney of any labor law firm shall neither perform duties falling under the scope of business of the relevant labor law firm for the sake of himself/herself or third person nor become a member or associate certified public labor attorney of another labor law firm.
(2) Any person who was a member or an associate certified public labor attorney of a labor law firm shall not conduct the business of certified public labor attorneys after resignation, which he/she was conducting or accepted to conduct business as a certified public labor attorney in charge of the relevant labor law firm when he/she was belonging to the relevant labor law firm: Provided, That the same shall not apply to cases where he/she obtains the consent of the relevant labor law firm thereto.
[This Article Newly Inserted by Act No. 10321, May 25, 2010]
 Article 7-10 (Provisions Applicable Mutatis Mutandis)
(1) Except as provided in this Act, the provisions of the Commercial Act governing general partnerships shall apply mutatis mutandis to labor law firms.
(2) Articles 11, 12, 12-3, 12-4, 13, 14, 17, 20-3, and 26-2 shall apply mutatis mutandis to labor law firms insofar as the provisions are not inconsistent with the nature of labor law firms. <Amended by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 8 (Names, etc. of Offices)
(1) and (2) Deleted. <by Act No. 5887, Feb. 8, 1999>
(3) A person who is not a certified public labor attorney under this Act shall not use the names of certified public labor attorneys, an office of a certified public labor attorney, joint office of certified public labor attorneys, labor law firm, or any other name similar thereto. <Amended by Act No. 8615, Aug. 3, 2007>
(4) A person who is not a joint office of certified public labor attorneys, or a labor law firm prescribed in this Act, shall not use the names of joint office of certified public labor attorneys, labor juridical person, or any other name similar thereto. <Amended by Act No. 8615, Aug. 3, 2007>
 Article 9 (Discontinuation of Business)
If a practicing labor attorney intends to discontinue his/her business, he/she shall report to the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 10 Deleted. <by Act No. 5815, Feb. 5, 1999>
 Article 11 (Business Assistant)
(1) Any practicing labor attorney may have assistants who will help run his/her business.
(2) Any act done by a business assistant in connection with his/her duties shall be deemed the act done by the practicing labor attorney who hired him/her.
(3) No person falling under any subparagraph of Article 4 may become a business assistant: Provided, That this shall not apply to a person who has been declared bankrupt and has not been reinstated under subparagraph 3 of the same Article. <Amended by Act No. 8780, Dec. 21, 2007>
(4) No practicing labor attorney may have a person falling under paragraph (3) as a business assistant. <Newly Inserted by Act No. 8780, Dec. 21, 2007>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 12 (Maintenance of Dignity, Duty of Good Faith, etc.)
(1) Each practicing labor attorney shall always maintain his/her dignity, and perform his/her duties fairly based on trust and good faith. Where he/she cannot perform his/her duties fairly, he/she shall not perform duties provided for in Article 2.
(2) Each practicing labor attorney shall write his name and affix his/her seal on the documents he/she prepared or confirmed under Article 2 (1).
(3) Deleted. <by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 12-2 Deleted. <by Act No. 5887, Feb. 8, 1999>
 Article 12-3 (Application for Inspection of Related Books, etc.)
Any practicing labor attorney may, when required to perform the duties prescribed in Article 2, request inspection of related books and documents from a relevant institution or person. In such cases, if the application is to perform the duties prescribed in Article 2 (1) 1 or 2, no relevant institution which received the application concerned shall reject it without good cause.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 12-4 (Guaranteed Liability for Damage)
Each practicing labor attorney, in order to guarantee the liability to pay compensation for the damage inflicted on clients, by intention or negligence, during the performance of business, shall purchase the guarantee insurance, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 13 (Prohibited Acts)
Neither practicing labor attorney nor his/her business assistant shall perform the following acts:
1. The act, by fraud or other improper means, to have the client gain monetary interest, such as insurance money, or have the client not pay insurance premium and other monetary obligations imposed under labor-related statutes;
2. The act to have the client not perform the notification and report, and other obligations imposed under labor-related statutes;
3. Guiding/counselling and other similar acts for violation of statutes;
4. The acts using a professional broker or soliciting a case by unjust means.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 14 (Strict Observance of Confidentiality of Information)
No person who is or was a practicing labor attorney (including a person who is or was a business assistant of a person who is or was a practicing labor attorney) shall disclose the facts he/she has learned in the course of his/her professional duties to other persons without good cause.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Articles 15 and 16 Deleted. <by Act No. 5887, Feb. 8, 1999>
 Article 17 (Keeping, etc. Books)
(1) Each practicing labor attorney shall furnish his/her office with books prepared in connection with his/her business and preserve such books for three years. In such cases, such books may be prepared, maintained, and preserved in electronic form provided for in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents Transactions. <Amended by Act No. 10321, May 25, 2010>
(2) The types and forms of books and records required to be maintained under paragraph (1) and other necessary matters shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 18 (Order, etc. of Supervision)
(1) If it is necessary to confirm whether or not a practicing labor attorney or a labor law firm violates this Act or an order issued under this Act, the Minister of Employment and Labor may issue an order to report matters concerning business affairs or to submit data or any necessary order and may have the affiliated public official access a business office to inspect books and other documents, or ask any questions. <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(2) When the Minister of Employment and Labor enters a place or conducts an inspection pursuant to paragraph (1), he/she shall notify the relevant practicing labor attorneys or labor law firms of necessary matters, such as date and time, details, etc. seven days prior to such entry or inspection: Provided, That the same shall not apply where urgency is required or it is deemed that advance notice may hinder the attainment of objectives of such entry or inspection. <Newly Inserted by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(3) Each public official who visits or conducts an inspection under paragraph (1) shall carry an identification indicating his/her authority, and show it to interested persons. <Amended by Act No. 10321, May 25, 2010>
(4) The Minister of Employment and Labor may have the Certified Public Labor Attorneys Association prescribed in Article 24 perform the inspection of business affairs under paragraph (1). In such cases, the Certified Public Labor Attorneys Association shall report the result thereof to the Minister of Employment and Labor. <Amended by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 19 (Revocation, etc. of Registration)
(1) The Minister of Employment and Labor shall revoke registration if a practicing labor attorney falls under any of the following: <Amended by Act No. 10339, Jun. 4, 2010>
1. Where he/she is disqualified on the grounds prescribed in Article 4;
2. Where he/she reports discontinuation of business, as set forth in Article 9;
3. Deleted; <by Act No. 10321, May 25, 2010>
4. Where he/she is deceased.
(2) When the Minister of Employment and Labor revokes registration pursuant to paragraph (1), he/she shall notify the person whose registration is revoked thereof without delay, expressly clarifying the grounds therefor. <Newly Inserted by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(3) Any person whose registration was revoked under paragraph (1) shall return the registration certificate. <Amended by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 20 (Disciplinary Action)
(1) When a practicing labor attorney falls under any of the following, the Minister of Employment and Labor shall take disciplinary action by a resolution of the Certified Public Labor Attorney Disciplinary Committee: <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
1. When a practicing labor attorney establishes and operates at least two offices in violation of Article 6;
2. When a practicing labor attorney becomes a member of a labor law firm in violation of Article 7-3 (2);
3. When a practicing labor attorney violates Article 7-9 which prohibits concurrent holding of two offices;
4. When a practicing labor attorney employs assistants in violation of Article 11 (4);
5. When a practicing labor attorney violates Article 12 which pertains to maintenance of dignity, duty of good faith, etc.;
6. When a practicing labor attorney conducts prohibited acts falling under the subparagraphs of Article 13;
7. When a practicing labor attorney violates the obligation not to divulge confidential information prescribed in Article 14;
8. When a practicing labor attorney fails to follow an order to submit reports, data, etc., or refuses, interferes with or evades inspections or questions, as prescribed in Article 18 (1);
9. When a practicing labor attorney violates Article 20-3 which pertains to prohibition of lending certificates of qualification, etc.;
10. When a practicing labor attorney borrows another person's certificate of qualification to establish and operate a labor law firm or a joint office;
11. When a practicing labor attorney in conducting duties referred to in Article 2 makes clients illicitly gain wealth, such as insurance money paid pursuant to labor-related statutes or dissuade clients from paying premiums or performing other financial liabilities, by intention or gross negligence;
12. When a practicing labor attorney conducts duties in violation of a disposition of suspension of duties referred to in paragraph (3) 2.
(2) Where a practicing labor attorney commits a violation referred to in subparagraphs of paragraph (1) and reports discontinuation of business, he/she shall be subject to the disciplinary action under paragraph (3) by a resolution of the Certified Public Labor Attorney Disciplinary Committee. <Amended by Act No. 10321, May 25, 2010>
(3) The types of disciplinary action against a practicing labor attorney and any other certified public labor attorney who reports discontinuation of business prescribed in paragraph (2) (hereinafter referred to as "practicing labor attorney, etc."; hereafter the same shall apply in this Article) shall be as follows: <Amended by Act No. 10321, May 25, 2010>
1. Revocation of registration;
2. Suspension of duties for not more than three years;
3. Imposition of an administrative fine not exceeding ten million won;
4. Reprimand.
(4) If it is deemed that a practicing labor attorney, etc. falls under any ground for disciplinary action provided for in any subparagraph of paragraph (1), the Certified Public Labor Attorneys Association prescribed in Article 24 shall request the Minister of Employment and Labor to reach a resolution on disciplinary action against the practicing labor attorney, etc. <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(5) Each resolution on disciplinary action referred to in paragraph (1) or (2) shall be reached upon request of the Minister of Employment and Labor, and the right to request a resolution on disciplinary action shall be nullified three years after the date on which reasons falling under any of the subparagraphs of paragraph (1) arise. <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(6) When a practicing labor attorney, etc. fails to pay an administrative fine referred to in paragraph (3) 3 by the deadline for payment, the Minister of Employment and Labor may collect it in the same manner as he/she collects delinquent national taxes. <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(7) Giving notice of resolutions on disciplinary action and other matters necessary therefor shall be prescribed by Presidential Decree. <Amended by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 20-2 (Certified Public Labor Attorney Disciplinary Committee)
(1) In order to deliberate and decide on disciplinary action against certified public labor attorneys, a Certified Public Labor Attorney Disciplinary Committee shall be established in the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Matters necessary for the organization and operation of the Certified Public Labor Attorney Disciplinary Committee and other matters necessary therefor shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10321, May 25, 2010]
 Article 20-3 (Prohibition of Lending Qualification Certificate)
No certified public labor attorney shall have any other person carry out the business affairs of certified public labor attorneys by using his/her name or the name of his/her office, nor shall he/she lend the qualification certificate or the registration certificate.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 21 Deleted. <by Act No. 5477, Dec. 24, 1997>
 Article 22 (Hearings)
If the Minister of Employment and Labor intends to take any of the following dispositions, he/she shall hold a hearing: <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
1. Cancellation of authorization for incorporation, etc. referred to in Article 7-6;
2. Resolution by the Certified Public Labor Attorney Disciplinary Committee reached under Article 20 (1) and (2).
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 23 Deleted. <by Act No. 5887, Feb. 8, 1999>
 Article 24 (Incorporation, etc. of Certified Public Labor Attorneys Association)
(1) A Korea Certified Public Labor Attorneys Association (hereinafter referred to as the "Certified Public Labor Attorneys Association") shall be established in order to promote the qualities and to maintain the dignity of certified public labor attorneys, and to improve the certified public labor attorney system and to ensure an effective performance of affairs.
(2) A person who intends to establish the Certified Public Labor Attorneys Association pursuant to paragraph (1) shall establish the regulations of the Association and obtain the approval thereof from the Minister of Employment and Labor. The same shall apply where he/she intends to modify the matters approved. <Amended by Act No. 10339, Jun. 4, 2010>
(3) The major provisions to be prescribed in the Association regulations referred to in paragraph (2) shall be prescribed by Presidential Decree.
(4) The Certified Public Labor Attorneys Association shall be a juristic person.
(5) With respect to the matters concerning the Certified Public Labor Attorneys Association that are not prescribed by this Act, the provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 24-2 (Joining Certified Public Labor Attorneys Association and Engaging in Public Interest Activities)
(1) Every practicing labor attorney shall join the Certified Public Labor Attorneys Association.
(2) The Certified Public Labor Attorneys Association shall actively participate in public interest activities, such as supporting the socially disadvantaged.
[This Article Newly Inserted by Act No. 8615, Aug. 3, 2007]
 Article 25 (Guidance, Supervision, etc.)
(1) If necessary to supervise the Certified Public Labor Attorneys Association, the Minister of Employment and Labor may order the Certified Public labor Attorneys Association to report the matters regarding the business affairs or to submit materials, or issue other necessary orders and may cause the affiliated public official to enter the relevant place of business to perform inspections of or ask questions about books and documents. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Article 18 (3) shall apply mutatis mutandis to public officials prescribed in paragraph (1). <Amended by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 26 (Business Entrustment)
(1) The Minister of Employment and Labor may entrust the following affairs to the Certified Public Labor Attorneys Association: <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
1. Training and education of certified public labor attorneys;
2. Guidance and training for the workers and employers in relation to the rationalization of labor management;
2-2. Affairs concerning registration and closure of business of certified public labor attorneys;
3. Other affairs designated as such as are deemed necessary by the Minister of Employment and Labor to enforce this Act.
(2) The Minister of Employment and Labor may entrust affairs related to management of the qualifying examination for certified public labor attorneys under Article 3-2 (1) to the Human Resources Development Service of Korea, as prescribed in the Human Resources Development Service of Korea Act. <Amended by Act No. 10339, Jun. 4, 2010>
(3) If the Minister of Employment and Labor entrusts affairs to the Certified Public Labor Attorneys Association or the Human Resources Development Service of Korea under paragraph (1) or (2), he/she may subsidize the necessary expenses within budgetary limits. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 26-2 (Support, etc. for Socially Disadvantaged)
(1) The State or public agencies may have certified public labor attorneys support the socially disadvantaged with respect to the cases related to labor-related statutes.
(2) Where the State or public agencies intend to have certified public labor attorneys support the socially disadvantaged under paragraph (1), matters concerning support methods and procedures, the scope of the socially disadvantaged, remuneration of certified public labor attorneys, etc. shall be governed, as prescribed by other Acts.
(3) When a certified public labor attorney supports the socially disadvantaged as prescribed in paragraph (1), the Minister of Employment and Labor may deem such certified public labor attorney to have completed specific hours of refresher training, as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 27 (Restriction of Affairs)
No person who is not a certified public labor attorney shall perform the affairs prescribed in Article 2 (1) 1, 2, or 4 as a profession: Provided, That this shall not apply, except as otherwise prescribed in other statutes.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 27-2 (Re-Examination of Regulation)
The Minister of Employment and Labor shall examine the appropriateness of standards for partial exemption from examination referred to in Article 3-3 and of the liability guarantee insurance system referred to in Article 12-4 every five years, counting from December 31, 2010 and shall take measures, such as abolition, mitigation, or maintenance. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 10321, May 25, 2010]
 Article 28 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding thirty million won: <Amended by Act No. 10321, May 25, 2010; Act No. 12624, May 20, 2014>
1. A person who violates the obligation of strict observation of confidentiality prescribed in Article 14;
2. A person who violates the restriction of affairs under Article 27.
(2) Any of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding ten million won: <Amended by Act No. 10321, May 25, 2010; Act No. 12624, May 20, 2014>
1. A person who perform duties of certified public labor attorney without being registered as a certified public labor attorney pursuant to Article 5 (1)
2. A person who conducts prohibited acts falling under subparagraph 1, 2, or 4 of Article 13;
3. A person who violates Article 20-3 pertaining to prohibiton of lending of certificates of qualification, etc. and any counterpart thereof;
4. A person who violates Article 8 (3) and (4) pertaining to prohibition of the use of similar names.
(3) Deleted. <by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 29 (Joint Penalty Provisions)
If a practicing labor attorney or an associate certified public labor attorney who is a member of a labor law firm or a business assistant of a practicing labor attorney commits a violation prescribed in Article 28 with respect to the business affairs of the labor law firm or practicing labor attorney, not only shall such violator be punished, but also the labor law firm or practicing labor attorney shall be punished by a fine in accordance with the relevant provisions: Provided, That this shall not apply where such labor law firm or practicing labor attorney has not been negligent in giving due attention and supervision concerning the relevant duties in order to prevent such violation. <Amended by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 9255, Dec. 26, 2008]
 Article 30 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding two million won: <Amended by Act No. 10321, May 25, 2010>
1. A person who fails to receive refresher training referred to in Article 5-2 (2);
2. A person who violates the obligation to report the discontinuation of business prescribed in Article 9;
2-2. A person who fails to purchase guarantee insurance referred to in Article 12-4 (including cases to which Article 12-4 applies mutatis mutandis according to Article 7-10 (2));
3. A person who violates the obligation to prepare, maintain, and preserve the books and records related to the business prescribed in Article 17 (1) (including cases to which Article 17 (1) applies mutatis mutandis according to Article 7-10 (2));
4. Deleted. <by Act No. 10321, May 25, 2010>
(2) Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(3) through (5) Deleted. <by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
 Article 31 (Delegation of Authority)
Part of the authority of the Minister of Employment and Labor granted under this Act may be delegated to the heads of local government offices of employment and labor, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
ADDENDUM
This Act shall enter into force on July 1, 1985.
ADDENDA <Act No. 4234, Apr. 7, 1990>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Practical Training) Practical training prescribed in the amended provisions of Article 5 (1) shall not apply to any person who completed required practical training, determined by Ordinance of the Ministry of Labor, before this Act enters into force.
(3) (Transitional Measures concerning Registration) Any certified public labor attorney, with permission to commence business under the previous provisions as at the time this Act enters into force, shall be deemed to have registered commencement of business.
ADDENDA <Act No. 5018, Dec. 6, 1995>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3 (1) 2 and 21 (1) 2 shall enter into force six months after the date of its promulgation, and the amended provisions of Articles 12-4 and 19 (1) 6-2 shall enter into force on January 1, 1997.
(2) (Transitional Measures concerning Qualification) A person who has acquired the qualification of certified public labor attorney under the previous provisions of Article 3 (1) 2 as at the time this Act enters into force, shall be deemed a certified public labor attorney under this Act, notwithstanding the amended provisions of the same subparagraph.
(3) (Transitional Measures concerning Penalty Provisions) The previous provisions shall apply to the application of penalty provisions for offences committed before this Act enters into force.
ADDENDA <Act No. 5477, Dec. 24, 1997>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 10 (3) shall enter into force one year after the date of its promulgation.
(2) (Transitional Measures concerning Remuneration of Practicing Labor Attorney) The Certified Public Labor Attorneys Association shall set standards for remuneration of practicing labor attorneys under the amended provisions of Article 10 (3) within one year after this Act enters into force and obtain approval thereof from the Minister of Employment and Labor.
(3) (Transitional Measures concerning Revocation of Registration, etc) The former provisions shall apply to cases currently undergoing the process of revocation of registration, suspension of qualification, and suspension of performance of one’s duties, notwithstanding the amended provisions of Articles 19 and 20.
ADDENDA <Act No. 5815, Feb. 5, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
(2) (Transitional Measures concerning Penal Provisions) In applying the penal provisions to acts committed before this Act enters into force, the previous provisions shall apply.
ADDENDA <Act No. 5887, Feb. 8, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Fine for Negligence) In applying the provisions on fines for negligence to acts committed before this Act enters into force, the previous provisions shall apply.
ADDENDA <Act No. 6333, Dec. 30, 2000>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2001.
(2) (Applicability concerning Disciplinary Action against Certified Public Labor Attorneys) The amended provisions of Article 20 (5) shall apply, starting with the first person against whom the grounds for disciplinary action occur after this Act enters into force.
(3) (Transitional Measures concerning Qualification of Certified Public Labor Attorneys) With respect to any person who has been engaged in the field of labor administration before December 31, 2000, the previous provisions shall apply, notwithstanding the amended provisions of Article 3 (1) 2. <Amended by Act No. 7046, Dec. 31, 2003>
ADDENDUM <Act No. 7046, Dec. 31, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8473, May 17, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8615, Aug. 3, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 26 (1) 1 and 26-2 shall enter into force on November 18, 2007; the amended provisions of Articles 3-4 (1) 4 and 3-5 on January 1, 2008; and the amended provisions of Articles 24 (1) and 24-2 six months after the date of its promulgation.
(2) (Applicability) The amended provisions of Articles 3-4 (1) 4 and 3-5 shall apply, beginning with the first qualifying examination for certified public labor attorneys to be conducted after January 1, 2008.
ADDENDUM <Act No. 8780, Dec. 21, 2007>
This Act shall enter into force on January 1, 2008.
ADDENDUM <Act No. 9255, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10321, May 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation: Provided, That the amended provisions of Article 5-2 (2) shall enter into force on January 1, 2011.
Article 2 (Applicability concerning Method of Conducting Business of Labor Law Firms)
The amended provisions of Article 7-8 shall apply, starting with the first case that a labor law firm accepts after this Act enters into force.
Article 3 (Applicability concerning Prohibition of Concurrent Holding of Office)
(1) The amended provisions of Article 7-9 (1) shall apply, starting with the first business conducted by a member or an associate certified public labor attorney of a labor law firm after this Act enters into force.
(2) The amended provisions of Article 7-9 (2) shall apply, starting with the first person who resigns from a labor law firm after this Act enters into force.
Article 4 (Transitional Measures concerning Training and Education)
Any certified public labor attorney who completed practical training pursuant to the former provisions as at the time this Act enters into force (including certified public labor attorneys who have started practical training but have not completed it as at the time this Act enters into force and complete the practical training after this Act enters into force) shall be deemed to have completed training and education pursuant to the amended provisions of Article 5-2 (1).
Article 5 (Transitional Measures concerning Qualification of Members of Labor Law Firms)
Notwithstanding the amended provisions of Article 7-3 (3), the former provisions shall apply to those who are under the suspension of qualification for acts committed before this Act enters into force.
Article 6 (Transitional Measures concerning Cancellation of Authorization for Establishment of Labor Law Firms)
Notwithstanding the amended provisons of Article 7-6, the former provisions shall apply to dispositions of cancellation of authorization for the establishment of labor law firms, which are imposed for acts conducted before this Act enters into force.
Article 7 (Transitional Measures concerning Revocation of Registration of Practicing Labor Attorneys)
Notwithstanding the amended provisions of Article 19, the former provisions shall apply to the revocation of registration of practicing labor attorneys who are subject to a disposition of suspension of qualification pursuant to the former provisions for offences committed before this Act enters into force, as prescribed in Article 8 of the Addenda.
Article 8 (Transitional Measures concerning Disciplinary Action)
The former provisions shall apply to disciplinary actions taken against offences committed before this Act enters into force.
Article 9 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The former provisions shall apply to the application of penalty provisions and the imposition of administrative fines for offences committed before this Act enters into force.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 12624, May 20, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13898, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability concerning Qualifying Examination for Certified Public Labor Attorneys)
The amended provisions of Article 3-2 (5) shall apply, beginning with the first qualifying examination for certified public labor attorneys performed after this Act enters into force.
Article 3 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship and persons under limited guardianship under the amended provisions of subparagraph 2 of Article 4 shall be deemed to include persons for whom the effect of declaration of incompetency or quasi-incompetency remains in effect in accordance with Article 2 of the Addenda to the partial amendment to the Civil Act (Act No. 10429).