Law Viewer

Back Home

ENFORCEMENT DECREE OF THE ATTORNEY-AT-LAW ACT

Wholly Amended by Presidential Decree No. 16914, Jul. 27, 2000

Amended by Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 18971, Jul. 27, 2005

Presidential Decree No. 20196, Jul. 27, 2007

Presidential Decree No. 20983, Sep. 3, 2008

Presidential Decree No. 22006, Feb. 4, 2010

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22467, Nov. 2, 2010

Presidential Decree No. 23265, Oct. 26, 2011

Presidential Decree No. 23528, Jan. 25, 2012

Presidential Decree No. 23845, jun. 7, 2012

Presidential Decree No. 24415, Mar. 23, 2013

Presidential Decree No. 24852, Nov. 20, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 27261, jun. 28, 2016

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28290, Sep. 15, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Attorney-at-Law Act and other necessary matters to implement the delegated matters.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 2 (Designation of Law Firms and Other Agencies Engaging in Legal Affairs)
(1) An agency, etc. (hereinafter referred to as “agency applying for designation” in this Article) that intends to be designated as an agency engaging in legal affairs (hereinafter referred to as “agency engaging in legal affairs”) prescribed in Article 21-2 (1) of the Attorney-At-Law Act (hereinafter referred to as the “Act”) pursuant to the proviso to the same paragraph shall submit to the Minster of Justice an application for designation as an agency engaging in legal affairs, which states matters specified in each of the following subparagraphs, along with necessary evidential documents:
1. The Name and address of the agency applying for designation, and personal information of a representative thereof;
2. A statement of purpose that the requirements for designation prescribed in each subparagraph of paragraph (2) are met;
3. A statement of purpose of a separate training course if the separate training course is available for attorneys-at-law who engage in legal affairs pursuant to Article 21-2 (1) of the Act (hereinafter referred to as “attorneys-at-law engaging in legal affairs”), and an outline thereof.
(2) Where an agency applying for designation satisfies all of the following requirements, the Minister of Justice shall designate the agency applying for designation as the agency engaging in legal affairs pursuant to the proviso to Article 21-2 (1) of the Act:
1. At least one person, who has held any office prescribed in subparagraphs of Article 42 (1) of the Court Organization Act for at least five years, shall work in the agency applying for designation. In such cases, the term of office of a person who held two or more offices among the offices prescribed in each subparagraph of Article 42 (1) of the Court Organization Act shall be combined in calculation;
2. The number of attorneys-at-law excluding the attorneys-at-law engaging in legal affairs shall be at least the number of the attorneys-at-law engaging in legal affairs;
3. A department or employee mainly responsible for any acts concerning legal proceedings, representative acts concerning claims for administrative dispositions, or general legal affairs shall exist;
4. At least one attorney-at-law whose responsibility is to manage and supervise attorneys-at-law engaging in legal affairs shall be designated;
5. Office space and other facilities shall be equipped properly for the agency applying for designation to engage in legal affairs.
(3) If it is necessary to determine whether the designation prescribed in paragraph (2) should be made, the Minister of Justice may request the agency applying for designation to submit necessary data or hear the opinion of the agency applying for designation or the President of the Korean Bar Association.
(4) When the Minister of Justice has designated the agency engaging in legal affairs pursuant to paragraph (2), he/she shall issue a letter of designation as the agency engaging in legal affairs to the agency applying for designation.
(5) Even where an application for designation prescribed in paragraph (1) has not been submitted, the Minister of Justice may, if necessary, designate an agency which is deemed to satisfy the requirements under paragraph (2) as the agency engaging in legal affairs pursuant to the proviso to Article 21-2 (1) of the Act, among the institutions, corporations, partnerships, organizations, or offices under Article 21-2 (1) 3 or 4 of the Act. In such cases, the Minister of Justice shall hear the opinion of the relevant agency, etc. in advance.
(6) With respect to the requirements and procedures, etc. for designation as an agency engaging in legal affairs prescribed in paragraph (5), the provisions of paragraphs (2) through (4) shall apply mutatis mutandis.
[This Article Newly Inserted by Presidential Decree No. 23265, Oct. 26, 2011]
 Article 3 (Designation of International Organization, etc. as Agency Engaging in Legal Affairs)
(1) The Minister of Justice may, ex officio or upon receipt of an application filed by a person falling under the following subparagraphs, designate an international organization, international corporation, international institution, or international group (hereinafter referred to as "international organization, etc.") as an agency engaging in legal affairs pursuant to Article 21-2 (1) 5 of the Act:
1. An attorney-at-law under subparagraph 3 of Article 4 of the Act;
2. An international organization, etc.
(2) Where a person provided for in each subparagraph of paragraph (1) files an application for the designation pursuant to paragraph (1), he/she shall submit to the Minister of Justice documents proving that the relevant international organization is equipped properly with its members, affairs, office facilities, etc. to engage in legal affairs.
[This Article Newly Inserted by Presidential Decree No. 23265, Oct. 26, 2011]
 Article 4 (Revocation of Designation as Agency Engaging in Legal Affairs)
(1) Where the Minister of Justice intends to revoke designation of an agency engaging in legal affairs, he/she may hear the opinion of the President of the Korean Bar Association under Article 21-2 (7), if necessary.
(2) Where the designation of an agency engaging in legal affairs is revoked pursuant to Article 21-2 (7), the relevant agency engaging in legal affairs shall, without delay, return to the Minister of Justice the letter of designation issued pursuant to Article 2 (4).
[This Article Newly Inserted by Presidential Decree No. 23265, Oct. 26, 2011]
 Article 5 (Support for Training Provided by the Korean Bar Association)
Where the Korean Bar Association establishes a training course pursuant to Article 21-2 (1) of the Act and requests necessary support for operation of the training course, the Minister of Justice may provide such support as the expenses, facilities and personnel, etc. therefor pursuant to Article 21-2 (10) of the Act.
[This Article Newly Inserted by Presidential Decree No. 23265, Oct. 26, 2011]
 Article 5-2 (Aggregation of Period of Engaging in Legal Affairs and Period of Training)
When calculating the period of engaging in legal affairs or the period of training pursuant to Article 21-2 (1) of the Act, with respect to a person who has engaged in legal affairs or completed a training course in two or more of agencies engaging in legal affairs, the period of engaging in legal affairs and the period of training shall be combined in calculation to the extent those periods are not overlapped.
[This Article Newly Inserted by Presidential Decree No. 23265, Oct. 26, 2011]
 Article 6 (Limits on Employment of Office Staff)
"Other Acts prescribed by Presidential Decree" in the part other than each item of Article 22 (2) 1 of the Act means the provisions under Article 3 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 347, 347-2, 348, 348-2, 349 through 352, 355 through 357, and 359 of the Criminal Act, Articles 4, 5 and 6 (excluding cases of Articles 2 and 3 of the same Act) of the Punishment of Violences, etc. Act, and Articles 58 through 64 of the Narcotics Control Act <Amended by Presidential Decree No. 23265, Oct. 26, 2011; Presidential Decree No. 23845, Jun. 7, 2012>
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 7 (Preparation and Keeping of Register)
(1) Pursuant to Article 28 of the Act, each attorney-at-law shall, within one month from the date on which he/she enters into a legal services contract with respect to legal cases or legal affairs, prepare a register in which such legal services contract is recorded and keep the register for three years in the law office from the date on which such register was prepared.
(2) Matters to be included in the register pursuant to Article 28 (2) of the Act shall be as follows:
1. Date of legal services contract;
2. Amount of legal services contract;
3. Names and addresses of clients, parties and counterparties;
4. Details of legal cases or legal affairs for which the legal services contract was entered into;
5. Competent authorities, numbers and names of the cases for which the legal services contract was entered into;
6. Results of case disposition.
(3) The method and scope of preparing the register referred to in paragraph (2) and other necessary matters shall be determined by the Korean Bar Association.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 7-2 (Scope of State Agency Subject to Restriction on Acceptance of Case)
(1) The state agencies subject to the restriction on acceptance of cases by attorneys-at-law who retired from public office pursuant to Article 31 (3) of the Act shall be all of the state agencies in which the relevant attorneys-at-law worked as the state public officials under the State Public Officials Act from one year before their retirement till retirement.
(2) The state agencies specified in each of the following subparagraphs shall be deemed the separate state agencies; and Article 31 (3) of the Act shall apply to such state agencies: Provided, That this shall not apply to cases where they are deemed the same state agencies pursuant to the main body of Article 31 (3) of the Act: <Amended by Presidential Decree No. 28290, Sep. 15, 2017>
1. The Supreme Court, high courts, the patent court, district courts, the family court, the administrative court, the bankruptcy court, branch courts of district courts and of the family court and branch courts of the family division, and Si/Gun courts under Article 3 of the Court Organization Act, and divisions of high courts handling affairs at the seats of district courts located within the relevant jurisdictions pursuant to Article 27 (4) of the Court Organization Act: Provided, That where two branch courts of a district court and of the family court are merged into a single branch court pursuant to the proviso to Article 3 (2) of the Court Organization Act, the branch court of such district court and family court shall be deemed the same state agency and Article 31 (3) of the Act shall apply thereto;
2. The Supreme Prosecutors' Office, high prosecutors' offices, district prosecutors' offices, branch offices of district prosecutors' offices pursuant to Article 3 of the Prosecutors' Office Act, and the branches of high prosecutors' offices handling affairs at the seats of the district prosecutors' offices located within the relevant jurisdictions pursuant to Article 19 (2) of the same Act;
3. The High Military Court and the general military court under each subparagraph of Article 5 of the Military Court Act;
4. The appellate prosecutors' department and the ordinary prosecutors' department under Article 36 (2) of the Military Court Act;
5. The National Police Agency, local police agencies and police stations under Article 2 of the Police Act;
6. Central administrative agencies under the Government Organization Act and other Acts;
7. Where there are administrative agencies belonging to the central administrative agencies under subparagraph 6, such administrative agencies.
(3) Where an attorney-at-law does not actually work for a state agency because he/she is on secondment, acts as an agent, takes an educational training, is on leave or maternity leave, is disciplined, or has other reasons, the state agency shall not be deemed the state agency subject to the restriction on acceptance of cases in application of Article 31 (3) of the Act.
(4) Where an attorney-at-law belongs to two or more institutions because he/she is appointed in those institutions at the same time, a state agency for which the attorney-at-law does not actually work shall not be deemed the state agency subject to the restriction on acceptance of cases in application of Article 31 (3) of the Act.
(5) Where an attorney-at-law works for not more than one month at a state agency to which he/she belongs from one year before his/her retirement till retirement because he/she temporarily acts as an agent or is appointed in two or more institutions at the same time, such state agency shall not be deemed the state agency subject to the restriction on acceptance of cases in application of Article 31 (3) of the Act.
[This Article Newly Inserted by Presidential Decree No. 23265, Oct. 26, 2011]
 Article 7-3 (Scope of Acceptance of Cases for Public Interest)
“Acceptance of cases for public interest” in the proviso to Article 31 (3) and Article 31 (5) of the Act means the acceptance of cases related to acts or activities falling under any of the following subparagraphs:
1. Public defense or acting as a state-appointed agent;
2. Pro bono public interest activities which are designated by the Korean Bar Association or a local bar association;
3. Legal services provided pro bono for a public interest corporation or a nonprofit corporation;
4. Activities equivalent to those under subparagraphs 1 through 3 which are designated by the Minister of Justice.
[This Article Newly Inserted by Presidential Decree No. 23265, Oct. 26, 2011]
 Article 8 (Scope of Agencies)
"Agency which is prescribed by Presidential Decree and in which he/she is working" in the main body of Article 36 of the Act means agencies and establishments falling under each of the following subparagraphs, for which such public officials actually work: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
1. Trial agencies:
(a) The Constitutional Court;
(b) The Supreme Court, High Courts, the Patent Court, District Courts, the Family Court, and the Administrative Court under Article 3 (1) of the Court Organization Act, and branch courts of District Courts and of the Family Court and branch courts of the Family Division and Si/ Gun courts under paragraph (2) of the same Article;
(c) The High Court for Armed Forces and Ordinary Courts for Armed Forces under Article 5 of the Military Court Act;
2. Investigative agencies:
(a) The Supreme Prosecutors' Office, High Prosecutors' Offices, and District Prosecutors' Offices under Article 3 (1) of the Prosecutors' Office Act and branch offices of District Prosecutors' Offices under paragraph (2) of the same Article;
(b) The National Police Agency under Article 2 (1) of the Police Act and Local Policy Agencies and police stations under paragraph (2) of the same Article;
(c) The Korea Coast Guard and local coast guard offices under Article 43 (2) of the Government Organization Act and the Decree on the Organization of the Korea Coast Guard and Institutions under Its Jurisdiction;
(e) The Appellate Prosecutors' Department and the Ordinary Prosecutors' Department under Article 36 (2) of the Military Court Act.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 9 (Applications for Authorizing Establishment of Law Firms)
(1) Any person who intends to obtain authorization for establishing a law firm in accordance with the provisions of the former part of Article 41 of the Act shall file, with the Minister of Justice, an application, accompanied by documents falling under each of the following subparagraphs, for authorization of the establishment of such law firm through the Korean Bar Association and the local bar association in the location of its principal office:
1. The articles of incorporation;
2. Minutes of meetings held by partners of the law firm.
(2) The Minister of Justice may, where details of the application for the establishment of a law firm referred to in paragraph (1) are found to be defective or the accompanying documents are found to be insufficient, ask the applicant to supplement such defects and insufficiencies.
(3) The Minister of Justice may, where the Minister deems it necessary to examine documents furnished in connection with an application for authorizing the establishment of a law firm in accordance with the former part of Article 41 of the Act, look into facts and evidence or request the applicant to furnish data related to such application.
(4) The Minister of Justice shall, when the Minister grants authorization for establishing a law firm in accordance with the former part of Article 41 of the Act, enter matters falling under each of the following subparagraphs in the ledger of authorized law firms, and issue to the applicant a certificate of authorization for establishing a law firm:
1. The authorization number and the date on which authorization is granted;
2. The name of law firm;
3. The locations of principal office and branch office(s);
4. The names and domiciles of partners;
5. Other necessary matters.
(5) The Minister of Justice shall, when he/she issues, to the applicant, a certificate of authorization for establishing a law firm pursuant to paragraph (4), file a notice thereof with the Korean Bar Association: Provided, That with respect to any law firm that obtains authorization for authentication under Article 15-2 of the Notary Public Act, the Minister of Justice shall also file a notice thereof with the Chief Prosecutor of the District Prosecutors' Office concerned. <Amended by Presidential Decree No. 22006, Feb. 4, 2010>
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 10 (Applications for Authorization to Amend Articles of Incorporation of Law Firms)
(1) Any person who intends to obtain authorization to amend the articles of incorporation of his/her law firm in accordance with the latter part of Article 41 of the Act shall file, with the Minister of Justice, an application, accompanied by documents falling under each of the following subparagraphs, for authorization to amend the articles of incorporation, through the local bar association in the location of its principal office and the Korean Bar Association:
1. A statement outlining the grounds for amending the articles of incorporation;
2. A draft of proposed amendments to the articles of incorporation;
3. The minutes of meetings held by the partners of the law firm with respect to amending the articles of incorporation.
(2) The Minister of Justice shall, when he/she grants authorization to amend the articles of incorporation of any law firm pursuant to the latter part of Article 41 of the Act, enter such authorization in the ledger of authorized law firms and then file a notice thereof with the Korean Bar Association: Provided, That with respect to any law firm that obtains authorization for authentication under Article 15-2 of the Notary Public Act, the Minister of Justice shall also file a notice thereof with the Chief Prosecutor of the District Prosecutors' Office concerned. <Amended by Presidential Decree No. 22006, Feb. 4, 2010>
(3) Article 9 (2) and (3) shall apply mutatis mutandis to the procedures of applications for authorization of amendments to the articles of incorporation of law firms under paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 11 (Registration of Law Firms)
(1) Each law firm shall file for registration with the registry office having jurisdiction over the location of its principal office and branch office.
(2) Every registry office shall keep a register of law firms.
(3) Each application for the registration of a law firm shall be filed by all partners of the law firm and shall be accompanied by documents falling under each of the following subparagraphs:
1. Articles of incorporation;
2. The certificate of authorization for incorporating the law firm.
(4) The Commercial Registration Act shall apply mutatis mutandis to the registration of law firms, except as otherwise provided for in the Act and this Decree.
(5) Each law firm shall file, with the Minister of Justice, a report on the incorporation registration of the law firm (including reports available in electronic form) within seven days from the date on which it completed such registration for incorporation. In such cases, the Minister of Justice shall verify the Corporation Registration Certificate through administrative information sharing under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 22467, Nov. 2, 2010>
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 12 (Principal and Branch Offices of Law Firms)
(1) Where a law firm opens a branch office in accordance with the provisions of Article 48 (1) of the Act, its principal office shall be staffed with at least one third of partners, including one participant who has served in the position falling under any subparagraph of Article 42 (1) of the Court Organization Act for at least a total of five years and the branch office shall be staffed with at least one partner. <Amended by Presidential Decree No. 23265, Oct. 26, 2011>
(2) When a law firm files a report with respect to the opening of a branch office in accordance with Article 48 (2) of the Act, it shall explicitly name partners to work at such branch office.
(3) A law firm may open one branch office under the respective jurisdiction of a Si/Gun/Gu (limited to an autonomous Gu).
(4) Every branch office shall erect a signboard indicating that it is a branch office of a law firm.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 13 (Scope of Legal Services by Law Firms)
The scope of legal services to be provided by attorneys-at-law of a law firm in accordance with the proviso to Article 51 of the Act shall not include any act with respect to legal proceedings for cases falling under any of the following subparagraphs:
1. Cases in which authentication of facts concerning a juristic act or other private rights is prepared;
2. Cases in which a certificate that a bill, a check or a tag attached thereto states compulsory execution is prepared;
3. Cases in which minutes attached to registration procedures of a corporation are certified;
4. Cases in which the articles of incorporation are certified in accordance with Article 292 of the Commercial Act and their applicable provisions.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 13-2 (Restrictions on Investment in other Corporations, etc.)
Where a limited liability law firm invests in other corporations or guarantees debts on behalf of other persons pursuant to the provisions of Article 58-8 (1) of the Act, the aggregate amount of which shall not exceed the amount stipulated as follows in accordance with the scale of its equity capital pursuant to Article 58-8 (2) of the Act (hereinafter referred to as "equity capital"). Among the above amount, the aggregate amount of the debt-guarantee on behalf of other persons shall not exceed 10/100 of the amount of its equity capital:
1. Where its equity capital is 500 million won, the amount equivalent to 25/100 of its equity capital;
2. Where its equity capital is more than 500 million won, the amount equivalent to 25/100 of 500 million won aggregating the amount equivalent to 50/100 of the amount exceeding 500 million won.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 13-3 (Clear Statement of Liability for Compensation of Losses)
(1) Pursuant to Article 58-11 (3) of the Act, every limited liability law firm shall clearly state matters concerning its liability to compensate for losses provided for in Article 58-11 (1) and (2) of the Act, in each retainer agreement and advertisements (excluding any advertisement concerning any change in its partners and its affiliated attorneys-at-law).
(2) Advertisements referred to in paragraph (1) mean furnishing information and data pertaining to attorneys-at-law and legal services of the relevant limited liability law firm by means of advertising them in the media falling under any of the following subparagraphs:
2. Broadcasts provided for in Article 2 of the Broadcasting Act.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 13-4 (Accumulation, etc. of Reserves for Compensation of Losses)
(1) Every limited liability law firm shall accumulate the amount equivalent to 2/100 of the total amount of annual fees of each relevant business year as reserves for compensation of losses, or insure itself or subscribe to the Mutual Aid Fund run by the Korean Bar Association within one month from the date of registration of its incorporation, pursuant to Article 58-12 (1) of the Act.
(2) Every limited liability law firm shall accumulate the reserves for compensation of losses pursuant to paragraph (1) until they reach up to the amount equivalent to 10/100 of average annual total fees of the immediately previous two business years and the relevant business year.
(3) Where a limited liability law firm exercises an indemnity right acquired from using the reserves for compensation of losses against the liability of employees, including partners or affiliated attorneys-at-law, because of the use of reserves for compensation of losses, it shall appropriate the indemnity amount into the reserves for compensation of losses.
(4) The limit of the compensation amount under the insurance or the Mutual Aid Fund referred to in paragraph (1) shall be at least 100 million won per compensation claim, the annual compensation limit shall be the amount obtained by the multiplication of 100 million won by the number of partners and affiliated attorneys-at-law who are not partners or at least 2 billion won.
(5) In connection with the compensation limit referred to in paragraph (4), every limited liability law firm shall retain at least 300 million won in balance of the compensation limit, and when the balance of the compensation limit falls short of 300 million won, it shall be raised up to at least 300 million won within one month from the date on which the ground therefor accrues.
(6) Every limited liability law firm shall, when the insurance or the Mutual Aid Fund to which it subscribes pursuant to paragraph (1) is expected to expire on the grounds of the expiration of terms thereof, etc., renew such insurance or Fund before the date on which such insurance or Fund expires.
(7) In cases of subscribing to the insurance or the Mutual Aid Fund pursuant to paragraph (1), personal liability amount within the scope of not more than 10 million won per compensation claim may be set up.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 13-5 (Provisions Applicable Mutatis Mutandis)
The provisions of Articles 9 through 13 shall apply mutatis mutandis to limited liability law firms.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 13-6 (Keeping and Perusal of Documents pertaining to Law Firm Partnerships)
(1) Every local bar association that is located in the principal office and branch offices of a law firm partnership shall compile and keep a list of subjects, submitters and submission dates of documents and then offer it with the copies of such documents submitted under each subparagraph of Article 58-21 (2) of the Act for public perusal within one week from the date on which it receives such documents.
(2) Every local bar association shall redact the portion of the list revealing the resident registration numbers, domiciles, etc. of partners, which is feared to infringe on their privacy, from among the details of the list required to be kept pursuant to paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 13-7 (Provisions Applicable Mutatis Mutandis)
The provisions of Articles 9, 10, 12, 13, 13-3 and 13-4 shall apply mutatis mutandis to every law firm partnership.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Articles 14 and 15 Deleted. <by Presidential Decree No. 18971, Jul. 27, 2005>
 Article 16 (Applications for Authorization to Establish Local Bar Associations and Korean Bar Association)
Each local bar association or the Korean Bar Association shall, when it files an application to authorize the establishment or to alter its regulations in accordance with Article 65 or 79 of the Act, attach documents falling under each of the following subparagraphs to such application:
1. The regulations;
2. Minutes of meetings held to prepare the regulations.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 17 (Report on Details of Resolutions Passed at General Meetings)
(1) A report by any local bar association or the Korean Bar Association with respect to details of a resolution passed at a general meeting under Article 77 (2) or 86 (2) of the Act shall be filed within seven days from the date on which such general meeting closed.
(2) Reports referred to in paragraph (1) shall be accompanied by a copy of the minutes of the general meeting.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 17-2 (Hours of Training and Education for Attorneys-at-Law)
The hours of training and education for attorneys-at-law pursuant to Article 85 (1) of the Act shall be at least eight hours each year, including one hour for legal ethics course, and the method of calculating hours spent for the completion of such training and education, frequency of such training and education, etc. shall be determined by the Korean Bar Association.
[This Article Newly Inserted by Presidential Decree No. 20196, Jul. 27, 2007]
 Article 18 (Office of Legal Ethics Council)
The Legal Ethics Council to be established pursuant to Article 88 of the Act (hereinafter referred to as the "Ethics Council") shall have its office in the Seoul Special Metropolitan City, and may have regional offices or branch offices if necessary.
[This Article Wholly Amended by Presidential Decree No. 20196, Jul. 27, 2007]
 Article 18-2 (Fact-finding Referral)
(1) When the Ethics Council makes a referral for fact-finding under Article 89 (2) of the Act, it shall send a fact-finding referral form (including electronic documents as defined in subparagraph 5 of Article 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.) to the person, agency, organization, etc. concerned by no later than seven days before the date scheduled for the reply.
(2) The fact-finding referral form mentioned in paragraph (1) shall include the following information:
1. Reason for the referral;
2. Object of the referral;
3. Time limit for the reply;
4. Sanctions for non-compliance with the Ethics Council’s request without due cause (which must include enabling statutes and their provisions);
5. Other matters necessary in relation to the fact-finding referral.
[This Article Newly Inserted by Presidential Decree No. 28290, Sep. 15, 2017]
 Article 18-3 (Request for Submission of Data)
(1) When the Ethics Council requires submission of data under Article 89 (2) of the Act, it shall send a data request form (including electronic documents as defined in subparagraph 5 of Article 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.) to the person, agency or organization concerned, etc. by no later than seven days before the date scheduled for the submission.
(2) The data request form mentioned in paragraph (1) shall include the following information:
1. Reason for the request;
2. Data for the submission;
3. Time limit for the submission;
4. Return of the submitted data;
5. Sanctions for non-compliance with the Ethics Council’s request without due cause (which must include enabling statutes and their provisions);
6. Other matters necessary in relation to the submission of data.
[This Article Newly Inserted by Presidential Decree No. 28290, Sep. 15, 2017]
 Article 18-4 (Request for Attendance)
(1) When the Ethics Council requires attendance at its meeting for making statements or explanations under Article 89 (2) of the Act, it shall send an attendance request form (including electronic documents as defined in subparagraph 5 of Article 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.) to the person concerned by no later than seven days before the date scheduled for the attendance.
(2) The attendance request form mentioned in paragraph (1) shall include the following information:
1. Reason for the request;
2. Date, time and venue of the attendance;
3. Content of the statement or explanation to be made;
4. Sanctions for non-compliance with the Ethics Council’s request without due cause (which must include enabling statutes and their provisions);
5. Other matters necessary in relation to the request for attendance.
(3) A person requested to attend under paragraph (1) may apply for changing date and time for the attendance to the Ethics Council, if attendance at the designated time disrupts his/her business activities or normal life.
[This Article Newly Inserted by Presidential Decree No. 28290, Sep. 15, 2017]
 Article 18-5 (Site Investigation)
(1) When the Ethics Council conducts a site investigation under Article 89 (2) of the Act, it shall send a site investigation plan (including electronic documents as defined in subparagraph 5 of Article 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.) to the relevant law firm, limited liability law firm, law firm partnership, law office, or joint venture law firm as defined in subparagraph 9 of Article 2 of the Foreign Legal Consultant Act (hereinafter referred to as “target firm for site investigation”) by no later than seven days before the date scheduled for the investigation: Provided, That the Ethics Council may produce the site investigation plan at the relevant site, if it deems that the advance notification could hinder attainment of the intended purpose due to destruction of evidence, etc.
(2) The site investigation plan mentioned in paragraph (1) shall include the following information:
1. Reason for the investigation;
2. Time period and venue of the investigation;
3. Name and title of the staff member of the Ethics Council to conduct the investigation
4. Scope and content of the investigation;
5. Sanctions for refusing, obstructing or evading the investigation without due cause (which must include enabling statutes and their provisions);
6. Other matters necessary in relation to the investigation.
(3) No site investigation may be conducted before sunrise or after sunset: Provided, That this shall not apply in any of the following cases:
1. Where the target firm for site investigation (including its agents and managers in charge) consents thereto;
2. Where the site investigation is conducted during working hours of the target firm for site investigation;
3. Where site investigation after sunrise and before sunset makes it impossible to attain the intended purpose or to ascertain violations of statutes, etc. due to destruction of evidence, etc.
[This Article Newly Inserted by Presidential Decree No. 28290, Sep. 15, 2017]
 Article 18-6 (Scope of Fact-finding Referral, etc.)
The Ethics Council shall make a referral for fact-finding, request for submission of data, request for attendance, and site investigation to the minimum extent necessary to apply for the commencement of disciplinary actions or request investigation.
[This Article Newly Inserted by Presidential Decree No. 28290, Sep. 15, 2017]
 Article 19 (Members of Ethics Council)
(1) Members of the Ethics Council may present a Bill to the meeting of the Ethics Council.
(2) Members may receive reports on the duties of the Ethics Council from the secretary or clerical staff whenever necessary, and may read records or other necessary data kept by the secretariat.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 20 (Designation, etc. of Succeeding Members)
(1) Where the term of office for a member expires, the Minister of National Court Administration, the Minister of Justice or the President of the Korean Bar Association who has designated or commissioned the relevant member shall designate or commission a succeeding member by not later than 30 days before the expiration of the term of office and file a notice thereof with the Ethics Council.
(2) When the status of a member has been forfeited pursuant to Article 89-2 (4) of the Act or a member has resigned his/her position, or the position of a member has become vacant for other reasons, the Minister of National Court Administration, the Minister of Justice, or the President of the Korean Bar Association who has designated or commissioned the relevant member shall designate or commission a succeeding member within 30 days from the date such reason has occurred and file a notice thereof with the Ethics Council.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 20-2 (Chairperson of Ethics Council)
(1) The chairperson shall represent the Ethics Council and exercise overall control over the Ethics Council.
(2) Where the chairperson is unable to perform his/her duties for unavoidable reasons, the person who has been designated beforehand by the chairperson from among the members designated or commissioned by the President of the Korean Bar Association shall perform the duties as proxy.
(3) Where the term of office for the chairperson has expired, the chairperson has resigned, or the position of the chairperson has become vacant for other reasons, the senior member from among the members who has been designated or commissioned by the President of the Korean Bar Association shall perform the duties of the chairperson as proxy, and a succeeding chairperson shall be elected within 30 days from the date when the position becomes vacant.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 20-3 (Matters to Be Resolved by Ethics Council)
(1) The Ethics Council shall deliberate and decide on the following:
1. Matters regarding the duties of the Ethics Council pursuant to Article 89 (1) of the Act;
2. Matters regarding requests for referral, etc. of facts pursuant to Article 89 (2) of the Act;
3. Matters regarding business plans, budgets and settlement of accounts;
4. Matters regarding the establishment and closure of regional offices or branch offices;
5. Matters regarding the enactment, amendment and repeal of the rules of the Ethics Council;
6. Other matters prescribed by statutes or presented by the chairperson for discussion.
(2) The Ethics Council may commission the chairperson to handle part of the matters prescribed in paragraph (1) 2 through 6.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 20-4 (Meetings of Ethics Council)
(1) The chairperson shall call and chair the meetings of the Ethics Council.
(2) Meetings shall be classified into regular meetings and extraordinary meetings. Regular meetings shall be called once every quarter, and extraordinary meetings shall be called when the chairperson deems it necessary or when 1/3 or more of the members on the register request.
(3) The chairperson shall notify the members by clarifying the date and venue of a meeting, and agenda thereof by not later than three days before the commencement of the meeting: Provided, That where an unavoidable reason exists, such as an emergency, this shall not apply.
(4) Determination as to whether the meeting shall be open, preparation of minutes of meetings and other necessary matters shall be laid down by the Ethics Council.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 20-5 (Proceedings of Ethics Council)
The meetings of the Ethics Council shall pass resolutions with the attendance of a majority of members on the register and with affirmative votes of a majority of members present.
[This Article Newly Inserted by Presidential Decree No. 20196, Jul. 27, 2007]
 Article 20-6 (Subcommittees of Ethics Council)
(1) The Ethics Council may formulate and operate subcommittees by field according to the matters for deliberation, where it is recognized as necessary for the efficient execution of deliberation.
(2) A subcommittee shall consist of at least three and not more than six members of the Ethics Council, and the chairperson of a subcommittee shall be appointed by the Chairperson of the Ethics Council from among the members of the subcommittee.
(3) Subcommittees shall deliberate upon matters that are to be resolved upon by the Ethics Council.
(4) The provisions of Articles 20-4 (3) and 20-5 shall apply mutatis mutandis to the operation of subcommittees.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 20-7 (Secretariat of Ethics Council)
(1) Pursuant to Article 89-3 (1) of the Act, the Ethics Council shall have a secretariat and the secretariat shall have one secretary-general and necessary staff.
(2) The National Court Administration, the Ministry of Justice and the Korean Bar Association may dispatch necessary staff to the Ethics Council.
(3) Other matters necessary for the structure and operation of the secretariat shall be determined by the Ethics Council.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 20-8 (Business Year of Ethics Council)
The business year of the Ethics Council shall be fixed to coincide with the fiscal year of the Government.
[This Article Newly Inserted by Presidential Decree No. 20196, Jul. 27, 2007]
 Article 20-9 (Financial Resources of Ethics Council)
The Ethics Council shall be operated with the following financial resources:
1. Cash and other property that a person, other than the Government, such as the Korean Bar Association, donates;
2. Subsidies from the Government;
3. Other revenues.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 20-10 (Rules of Ethics Council)
The Ethics Council may lay down rules to govern the matters necessary for its operation, etc.
[This Article Newly Inserted by Presidential Decree No. 20196, Jul. 27, 2007]
 Article 20-11 (Submission of Retainer Agreement Data, etc. by Attorneys-at-Law Retired from Public Offices)
(1) The deadline to submit retainer agreement data and reports on case results pursuant to Article 89-4 (1) of the Act by a person who has commenced legal practice as an attorney-at-law (hereinafter referred to as "attorney-at-law retired from public office") after retiring from the post of judge, prosecutor, long-term service military judicial officer or other public service (excluding judicial researchers, judicial trainees, and those who have served as military personnel or public-service advocates to fulfill military duty) shall be as follows: <Amended by Presidential Decree No. 28290, Sep. 15, 2017>
1. By July 31 for cases, the retainer agreements of which are entered into from January 1 to June 30 each year;
2. By January 31 of the following year for cases, the retainer agreements of which are entered into from July 1 to December 31 each year.
(2) Matters to be included in the retainer agreement data and reports on case results to be submitted by an attorney-at-law retired from public office pursuant to Article 89-4 (5) of the Act shall be as follows:
1. Date of retirement from public office;
2. Relevant agency and position at the time of retirement;
3. Date of retainer agreement;
4. Client;
5. Address of client;
6. Opposing party;
7. Case number;
8. Case name;
9. Competent agency of the retained case;
10. Summary of the retained case;
11. Case history and status, and disposition of the retained case.
(3) Where the retained case is a criminal case (including a case of request for prosecution or secret investigation case), the fact as to whether it is a remand in custody and the modifications thereof shall be included in the matters provided for in paragraph (2) 11.
(4) Local bar associations shall submit a list of attorneys-at-law retired from public office among its members, who are to submit retainer agreement data and reports on case results pursuant to Article 89-4 (1) of the Act, and shall transfer retainer agreement data and reports on case results submitted by such attorneys-at-law to the Ethics Council within one month after the deadline stipulated in each subparagraph of paragraph (1) expires.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 20-12 (Submission of Retainer Agreement Data, etc. by Specific Attorneys-at-Law)
(1) The deadline to submit a list of the names of attorneys-at-law who have retained cases in excess of the number of cases provided for in paragraph (2) (including attorneys-at-law in charge at a law firm, limited liability law firm and law firm partnership pursuant to Articles 50, 58-16 and 58-30 of the Act or attorneys-at-law in charge at a joint venture law firms under Article 35-20 (1) of the Foreign Legal Consultant Act; hereinafter referred to as "specific attorney-at-law") and a list of cases by a local bar association pursuant to Article 89-5 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 27261, Jun. 28, 2016>
1. By July 31 for cases, the retainer agreements of which are entered into from January 1 to June 30 each year;
2. By January 31 of the following year for cases, the retainer agreements of which are entered into from July 1 to December 31 each year.
(2) Each local bar association shall select persons falling under any of the following subparagraphs as specific attorneys-at-law, and shall submit the grounds for selection, together with a list of their names and a list of cases referred to in paragraph (1):
1. Attorneys-at-law who have entered into at least 30 retainer agreements for criminal cases (including cases of request for prosecution and secret investigation cases; hereinafter the same shall apply in this paragraph) and at least 2.5 times the average number of contracts for criminal cases that have been entered into by the members of the local bar association;
2. Attorneys-at-law who have entered into at least 60 retainer agreements for cases on the merits, other than criminal cases, and at least 2.5 times the average number of contracts for cases on the merits, other than criminal cases, that have been entered into by the members of the local bar association;
3. Attorneys-at-law who have entered into at least 120 retainer agreements for claim cases, other than criminal cases, and at least 2.5 times the average number of contracts for claim cases, other than criminal cases, that are entered into by the members of the local bar association.
(3) Where a case has been retained jointly by at least two attorneys-at-law (including a law firm, limited liability law firm and law firm partnership or a joint venture law firm as defined in subparagraph 9 of Article 2 of the Foreign Legal Consultant Act), such case shall be calculated as one for each relevant attorney-at-law. <Amended by Presidential Decree No. 27261, Jun. 28, 2016>
(4) A case for which a law firm, limited liability law firm, law firm partnership, or a joint venture law firm as defined in subparagraph 9 of Article 2 of the Foreign Legal Consultant Act has entered into retainer agreements shall be calculated as the number obtained by dividing one by the number of relevant attorneys-at-law for each relevant attorney-at-law: Provided, That where the number of the relevant attorneys-at-law is at least four, such case shall be calculated as 1/4 for each relevant attorney-at-law. <Amended by Presidential Decree No. 27261, Jun. 28, 2016>
(5) As for the calculation of the number of cases that have been retained in the names of at least two partners of a joint law and notary public office using staff and material equipment jointly, which is reported to the Korean Bar Association, as determined by the Korean Bar Association, the provisions of paragraph (4) shall apply mutatis mutandis.
(6) Each local bar association shall record the date of retainer agreement, client, case number and case name in the list of cases that have been retained by specific attorneys-at-law.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 20-13 (Scope of Retired Public Officials Obliged to Submit Details of Activities, etc.)
“A retired public official, as non-attorney-at-law, who has served in a position of a specific grade determined by Presidential Decree” specified in Article 89-6 (1) of the Act means a person falling under any of the following: <Amended by Presidential Decree No. 24415, Mar. 23, 2013; Presidential Decree No. 24852, Nov. 20, 2013; Presidential Decree No. 28211, Jul. 26, 2017>
1. A public official in general service of Grade V or a local public official of Grade V, or an extraordinary civil service official receiving the amount of remuneration corresponding thereto;
2. A foreign service officer of Grade V, a staff of National Intelligence Service of Grade V, and a security service officer serving for the Presidential Security Service;
3. Assistant Constitutional Research Officers of the Constitutional Court;
4. A lieutenant colonel and a civilian employee of the military of Grade III;
5. A research officer or technical adviser who corresponds to a public official in general service of Grade V, from among the research officials and technical advisers under the Regulations of the Appointment, etc. of Public Officials Engaged in Research and Technical Advice Service;
6. A school inspector or senior educational researcher appointed for a position who corresponds to a public official in general service of Grade V;
7. A public official with a fixed term of office employed for a position to be appointed as a public official under subparagraphs 1 through 6 or a position corresponding thereto;
8. Employees of Grade III and IV in the Financial Supervisory Service.
[This Article Newly Inserted by Presidential Decree No. 23265, Oct. 26, 2011]
 Article 20-14 (Submission of Name List of Retired Public Officials)
The following shall be entered into a name list submitted pursuant to Article 89-6 (1) of the Act:
1. Name of a retired public official;
2. Resident registration number of a retired public official;
3. Name of the institution for which a retired public official worked and his/her Grade at the time of retirement;
4. Date of employment when a retired public official worked at a law firm, etc.;
5. An attorney-at-law who is responsible for submission of the name list.
[This Article Newly Inserted by Presidential Decree No. 23265, Oct. 26, 2011]
 Article 20-15 (Matters to Be Entered into Statement of Work of Retired Public Officials)
(1) “Other matters determined by Presidential Decree” as prescribed in Article 89-6 (6) of the Act means the following:
1. Details of consulting or advice provided by a retired public official to a client, attorney-at-law or other members of a law firm, etc. (in cases where the consulting or advice was provided in written form, referring to an outline thereof);
2. Remuneration of a retired public official;
3. An attorney-at-law who is responsible for preparation of the statement of work of retired public officials.
(2) Details of consulting or advice provided for in paragraph (1) shall be limited to matters related to the affairs of the relevant Ministries to which a retired public official belonged for up to five years before his/her retirement. In such cases, where the names of such Ministries are altered due to the integration or division, or changes in the names of organizations, or other reasons provided for in amendments to the Government Organization Act, etc., such Ministries before and after the aforementioned alteration shall be deemed the same Ministries.
[This Article Newly Inserted by Presidential Decree No. 23265, Oct. 26, 2011]
 Article 21 (Qualifications for Members of Attorneys-at-Law Disciplinary Committee of Ministry of Justice)
Members and reserve members of the Attorneys-at-Law Disciplinary Committee of the Ministry of Justice established in accordance with Article 94 (1) of the Act (hereinafter referred to as the "Disciplinary Committee of the Ministry of Justice") shall be appointed or commissioned according to each of the following standards:
1. Members and reserve members who are judges or prosecutors: Persons who have served in a position falling under any subparagraph of Article 42 (1) of the Court Organization Act for at least ten years;
2. Members and reserve members who are attorneys-at-law: Persons who have served in a position falling under any subparagraph of Article 42 (1) of the Court Organization Act for at least ten years and practiced law as attorneys-at-law for at least five years;
3. Members and reserve members who are professors of law: Persons who have taught law as assistant professors or higher, of jurisprudence for at least five years;
4. Members and reserve members with sufficient experience and high moral standing: Persons who have engaged in social activities while working with certain professions for at least ten years or other persons who are recommended by nonprofit non-governmental organizations established pursuant to Article 2 of the Assistance for Non-profit, Non-Governmental Organizations Act.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 22 (Staff of Disciplinary Committee of Ministry of Justice)
(1) The Disciplinary Committee of the Ministry of Justice shall have one secretary and several clerks to prepare and keep records and other documents with respect to discipline.
(2) The secretary and clerks shall be appointed by the chairperson from among public officials belonging to the Ministry of Justice.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 23 (Allowances)
Members and reserve members who attend meetings of the Disciplinary Committee of the Ministry of Justice may be paid allowances within budget limits: Provided, That this shall not apply to cases where public officials belonging to the Ministry of Justice attend meetings in connection with their competent affairs.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 23-2 (Scope and Method of Disclosure related to Disciplinary Action)
(1) Pursuant to Article 98-5 (3) of the Act, the President of the Korean Bar Association shall post the following information that is related to disciplinary action against an attorney-at-law (hereinafter referred to as “information on disciplinary action”) within two weeks from the date when disciplinary action is finalized, on the Internet site and on a periodical run by the Korean Bar Association that is first issued after the date when disciplinary action is finally determined:
1. The name and date of birth of the attorney-at-law against whom disciplinary action is taken, the addresses and names of the local bar association and the law office to which the attorney-at-law belongs [where the relevant attorney-at-law belongs to a partner of a law firm, a limited liability law firm or a law firm partnership (hereinafter referred to as “law firm, etc.”), referring to the address and name of the law firm, etc.];
2. Details of disciplinary action, and a summary of reasons for disciplinary action (including an outline of any relevance to facts through which reasons for disciplinary action, such as the nature of violation, is clearly recognizable);
3. The enforcement date of disciplinary action: Provided, That where the type of disciplinary action is suspension from office, referring to the starting date of and the period of such suspension from office.
(2) The period during which information on disciplinary action is posted on the Internet site pursuant to paragraph (1) shall be the period classified in accordance with each of the following subparagraphs, calculating from the date of the first posting:
1. Permanent disbarment or disbarment: Three years;
2. Suspension from office: One year: Provided, That where the period of suspension from office is longer than one year, the actual period of suspension from office is applicable;
3. Administrative Fine: Six months;
4. Reprimand: Three months.
(3) Where the President of the Korean Bar Association discloses information on disciplinary action by posting it on the Internet site pursuant to paragraphs (1) and (2), the posting shall be displayed by placing a section for information on attorneys-at-law on the top menu of the Internet site, along with its submenu that has a section for details of disciplinary action against attorneys-at-law, and information on disciplinary action shall be posted on the submenu.
(4) The President of the Korean Bar Association shall provide for information on disciplinary action to be searchable on the menu for details of disciplinary action against attorneys-at-law to be newly created pursuant to paragraph (3), by the name (where the relevant attorney-at-law belongs to or is a partner of a law firm, etc., referring to the name of the law firm, etc.) of the relevant attorney-at-law and his/her office.
[This Article Newly Inserted by Presidential Decree No. 23528, Jan. 25, 2012]
 Article 23-3 (Eligible Persons to Request Perusal or Copy of Disciplinary Information, and Scope of Provision of Information)
(1) Any of the following is an eligible person who may request a perusal or copy of disciplinary information in accordance with Article 98-5 (4) of the Act (hereinafter referred to as “eligible person” in this Article and Article 23-4):
1. A person who has appointed or intends to appoint his/her attorney-at-law either to have consulted with the relevant attorney-at-law or to enter into an agreement for acceptance of cases, etc.;
2. A lineal ascendant or descendant of, a relative living together with, or an agent of the person falling under subparagraph 1.
(2) Where an eligible person requests a perusal or copy of disciplinary information, he/she shall submit to the President of the Korean Bar Association a letter of request that states personal information of the relevant attorney-at-law, an outline of the case for which appointment of an attorney-at-law is required, and the purpose of requesting a perusal or copy of disciplinary information, with the following documents attached:
1. Documents to confirm the identification of an eligible person, such as a copy of his/her resident registration certificate, etc.;
2. In connection with the case for which appointment of an attorney-at-law is required, a letter that confirms the intent of appointment which states reasons for requesting disciplinary information on the relevant attorney-at-law: Provided, That if an entrustment agreement, etc. is entered into in the form of a written contract, a letter of appointment, or a letter of consent by the relevant attorney-at-law, or if there is a written document proving that the relevant attorney-at-law has consented to a perusal or copy of disciplinary information, such written documents may be submitted in lieu of the aforementioned letter confirming the intent of appointment;
3. In the case of the request of an eligible person under paragraph (1) 2, documents such as a family relation certificate and a power of attorney, which can prove the family relation or the principal-agent relationship.
(3) The Scope of disciplinary information subject to the request for a perusal or copy thereof pursuant to Article 98-5 (4) of the Act shall be limited to information on disciplinary action which is finalized within the period classified in accordance with each of the following subparagraphs, calculating from the date of request:
1. Permanent disbarment or disbarment: Ten years;
2. Suspension from office: Seven year;
3. Fine for negligence: Five years;
4. Reprimand: Three years.
(4) Where a request provided for in paragraph (1) falls under any of the following subparagraphs, the President of the Korean Bar Association may choose not to provide disciplinary information at such request:
1. Where required records in the letter of request are missing, or an eligible person fails to submit a document proving his/her eligibility for the request provided for in paragraph (1);
2. Where an eligible person repeatedly requests a perusal or copy of disciplinary information without any justifiable ground, or where the number of attorneys-at-law who are eligible to request the provision of disciplinary information is excessively large in light of the nature of the relevant case or where the purpose of a request for a perusal or copy is not clearly for appointing an attorney-at-law.
(5) When the President of the Korean Bar Association determines not to provide disciplinary information pursuant to paragraph (4), he/she shall, without delay, notify a requesting person of the purport of and grounds for such determination.
[This Article Newly Inserted by Presidential Decree No. 23528, Jan. 25, 2012]
 Article 23-4 (Method, Procedure and Expenses, etc. of Request for Perusal or Copy)
(1) An eligible person may, in person, submit to the President of the Korean Bar Association his/her letter of request with its documents attached, or he/she may request a perusal or copy of disciplinary information by postal service, facsimile, or E-mail, or by use of the information and communication networks.
(2) When the President of the Korean Bar Association receives the letter of request under paragraph (1), he/she shall provide the requesting person with a letter confirming any disciplinary information on the relevant attorney-at-law within one week from the date of request, using a method chosen by the requesting person among such methods as a personal pick-up, postal service, facsimile, or E-mail or other information and communication networks.
(3) Where the President of the Korean Bar Association provides information, using an information and communication network in accordance with paragraph (2), he/she shall take measures to prevent any counterfeit.
(4) Expenses for a perusal or copy or postal delivery, etc. of disciplinary information provided for in paragraphs (1) and (2) shall be borne by the requesting person up to the extent of the amount actually incurred in expenses as determined by the President of the Korean Bar Association.
(5) No person who receives disciplinary information pursuant to paragraph (2) shall use the relevant information for any purposes other than for appointing his/her attorney-at-law.
[This Article Newly Inserted by Presidential Decree No. 23528, Jan. 25, 2012]
 Article 24 (Method of Raising Objections)
(1) Each person who intends to raise an objection pursuant to Article 100 (1) of the Act shall submit an application for raising an objection to the Disciplinary Committee of the Ministry of Justice.
(2) The purport and grounds for raising an objection shall be included in the application for raising an objection provided for in paragraph (1), and other necessary data may be attached thereto.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 24-2 (Statement of Referring Persons, etc.)
The Disciplinary Committee of the Ministry of Justice may conduct the matters in the following subparagraphs ex officio or upon the request of a disciplinary suspect or a special attorney-at-law:
1. Requests for statement or appraisal by a referring person;
2. Inspections of necessary articles or places;
3. Requests for submission to the holder of documents or other articles necessary for deliberation;
4. Factual inquiries to administrative agencies or other organizations.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 24-3 (Presentation of Opinion by President of Korean Bar Association)
The President of the Korean Bar Association may present his/her opinion before a decision is made by the Disciplinary Committee of the Ministry of Justice pursuant to Article 100 (2) of the Act.
[This Article Newly Inserted by Presidential Decree No. 20196, Jul. 27, 2007]
 Article 24-4 (Performance of Duties by Reserve Members)
When a member of the Disciplinary Committee of the Ministry of Justice is unable to conduct his/her duties for unavoidable reasons, a reserve member appointed by the chairperson shall conduct such duties.
[This Article Newly Inserted by Presidential Decree No. 20196, Jul. 27, 2007]
 Article 24-5 (Preparation, etc. of Written Decisions)
(1) When the Disciplinary Committee of the Ministry of Justice has made a disciplinary decision, it shall prepare a written decision, which contains the formal adjudication, grounds thereof, and signature and seal of the chairperson and the members involved in the decision.
(2) The secretary shall prepare a deliberation record and shall place his/her signature and seal in such record together with the chairperson.
(3) The results of decisions on disciplinary action shall be served on the disciplinary suspect, and notices of such results shall be filed with the President of the Korean Bar Association and the applicant for the commencement of disciplinary action, respectively.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 25 (Requests for Decisions on Suspension of Law Practices)
The Minister of Justice shall, when he/she files a request for deciding on the suspension of the law practice of any attorney-at-law in accordance with the main body of Article 102 (1) of the Act, submit, to the Disciplinary Committee of the Ministry of Justice, a written request for deciding on the suspension of the law practice of such attorney-at-law, which states personal matters of the attorney-at-law in question, facts charged or facts of suspicion and specific dangers that can undermine the client's or public interest.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 26 (Effect of Suspension of Law Practices)
Orders issued by the Minister of Justice to suspend law practices of attorneys-at-law in accordance with Article 102 (2) of the Act shall take effect on the date on which notice thereof is served on the attorneys-at-law.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 27 (Notices)
(1) The Minister of Justice shall, when he/she orders any attorney-at-law to suspend his/her law practice in accordance with Article 102 (2) of the Act, file without delay, notice thereof with the Chief Justice, the Prosecutor General and the Korean Bar Association, respectively.
(2) Where the Minister of Justice rescinds his/her order to suspend the law practice of any attorney-at-law in accordance with Article 105 (1) and (3) of the Act, paragraph (1) shall also apply.
[This Article Wholly Amended by Presidential Decree No. 20983, Sep. 3, 2008]
 Article 28 (Re-Examination of Regulation)
The Minster of Justice shall examine the appropriateness of restrictions on investment in other corporations or guarantee of debts under Article 13-2 every five years (referring to the period that ends on the day before January 1 of every fifth year) from the base date of January 1, 2014 and take measures for improvement, etc.
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
ADDENDUM
This Decree shall enter into force on July 29, 2000.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18971, Jul. 27, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 28, 2005.
Article 2 (Transitional Measures concerning Branch Offices following Change in Organization of Law Firms)
Where law firms whose principal offices are located in the same Si/Gun/Gu are reorganized into a limited liability law firm or a law firm partnership after merging them within two years after the date this Act enters into force, the provisions of the proviso to Article 12 (3) applied mutatis mutandis under the amended provisions of Articles 13-5 and 13-7 shall not apply to such limited liability law firm or such law firm partnership for five years from the date on which it obtains authorization for its establishment from the Minister of Justice: Provided, That the same shall not apply where it closes its branch offices.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 20196, Jul. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Education and Training for Attorneys-at-Law)
The hours of training and education for attorneys-at-law for the year 2007 pursuant to the amended provisions of Article 17-2 shall be at least eight hours, including one hour for legal ethics course by incorporating that of the year 2008.
ADDENDA <Presidential Decree No. 20983, Sep. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 29, 2008.
Article 2 (Transitional Measures concerning Foreign Attorneys-at-law Rendered Meritorious Legal Services for Republic of Korea)
As to permission for establishing law practices, applications for registration, authorization of qualifications as attorneys-at-law and revocation of permission for law practice of a foreign attorney-at-law authorized as an attorney-at-law in accordance with the previous provisions at the time when this Decree enters into force, the previous provisions shall apply despite the amended provisions of Article 3 through 5.
ADDENDA <Presidential Decree No. 22006, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on February 7, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23265, Oct 26, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Submission of Name List of Retired Public Officials Previously Employed)
Where a law firm, etc. submits to a local bar association a list of names of retired public officials pursuant to Article 89-6 (1) of the Act, a retired public official who has already been in the state of employment before this Decree enters into force shall be deemed employed on the date this Decree enters into force.
ADDENDUM <Presidential Decree No. 23528, Jan 25, 2012>
This Decree shall enter into force on January 26, 2012.
ADDENDA <Presidential Decree No. 23845, Jun. 7, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 8, 2012.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24415, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 5 of Addenda, the amended provisions promulgated before this Decree enters into force but their enforcement dates have yet to arrive shall enter into force on their respective enforcement dates of the relevant Presidential Decrees.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27261, Jun. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 8 of Addenda, the amended provisions promulgated before this Decree enters into force but their enforcement dates have yet to arrive shall enter into force on their respective enforcement dates of the relevant Presidential Decrees.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28290, Sep. 15, 2017>
This Decree shall enter into force on September 15, 2017.