ACT ON THE ESTABLISHMENT AND MANAGEMENT OF PROFESSIONAL LAW SCHOOLS
Act No. 8544, Jul. 27, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 10866, Jul. 21, 2011
Act No. 11690, Mar. 23, 2013
Act No. 14152, May 29, 2016
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters concerning the establishment and management of professional law schools and the education at such professional law schools, and to train quality legal professionals.
| Article 2 (Educational Ideology) |
The educational ideology of professional law schools is to train legal professionals who have sound professional ethics based on rich education, a deep understanding of people and society, and morals valuing freedom, equality and justice, and who have knowledge and abilities that will allow professional and efficient resolution of diverse legal disputes in order to provide quality legal service responding to the people's diverse expectations and requests.
| Article 3 (Responsibilities of State, etc.) |
| (1) | The State, universities and colleges under subparagraph 1 of Article 2 of the Higher Education Act (including graduate school universities and colleges under Article 30 of the same Act; hereinafter referred to as the "schools"), and other institutions or organizations relating to training of legal professionals shall cooperate with one another in order to train legal professionals who conform to the purposes of the educational ideology under Article 2. |
| (2) | The State shall take necessary measures, including formulation of financial support plan for training of legal professionals. |
| Article 4 (Establishing Entities) |
An entity which establishes and manages a school (referring to the State in cases of a national school, a local government in cases of a public school, and an incorporated educational institution in cases of a private school; hereinafter the same shall apply) may establish and manage a professional law school, the main purpose of which is training in professional legal theories and practice and research, necessary for education of legal professionals.
| Article 5 (Authorization for Establishment) |
| (1) | An entity which establishes and manages a school and which intends to establish a professional law school shall meet the requirements for establishment of professional law schools, including faculty, facilities, and curriculum under Articles 16 through 20. |
| (2) | Where an entity that establishes and manages a public or private school intends to establish a professional law school, such entity shall obtain authorization from the Minister of Education. The same shall apply where such entity intends to close its authorized professional law school or to modify important matters prescribed by Presidential Decree among the authorized matters. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | Where the Minister of Education intends to authorize establishment, closure or modification under paragraph (2), the Minister may do so only after advance deliberation by the Law School Education Committee (hereinafter referred to as the "Law School Education Committee") under Article 10. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | Where the State intends to establish a professional law school, the State may do so only after deliberation by the Law School Education Committee. The same shall apply where the State closes a professional law school or modifies important matters prescribed by Presidential Decree. |
| (5) | Matters necessary for procedures, etc. of authorization for establishment, closure or modification under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 6 (Criteria for Authorization for Establishment) |
| (1) | Where the Minister of Education receives application for authorization for establishment of a professional law school under Article 5 (2), the Minister may grant authorization after consideration of the feasibility of educational goal and curriculum necessary for achieving the educational ideology under Article 2 and after consideration of whether the applicant entity meets the establishment requirements. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Details of criteria for authorization for establishment shall be prescribed by the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 7 (Enrollments at Professional Law Schools) |
| (1) | The Minister of Education shall prescribe the total number of enrollments at professional law schools after consideration of all relevant circumstances, including smooth supply of legal services for the public and the supply and demand status of legal professionals. In such cases, the Minister of Education shall report the total number of enrollments to the competent standing committee of the National Assembly in advance. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | When the Minister of Education prescribes the total number of enrollments at professional law schools under paragraph (1), the Minister shall consult with the Minister of National Court Administration and the Minister of Justice. In such cases, the President of the Korean Bar Association under Article 78 of the Attorney-at-Law Act (hereinafter referred to as the "President of the Korean Bar Association"), the President of the Korea Law Professors Association, an incorporated association authorized by the Minister of Justice and established under Article 32 of the Civil Act and Article 4 of the Act on the Establishment and Operation of Public-Service Corporations (hereinafter referred to as the "President of the Korea Law Professors Association"), etc. may submit opinions to the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Education shall prescribe the number of enrollment at each professional law school within the limit prescribed by Presidential Decree after comprehensive consideration of educational conditions, including faculty, facilities and finance of each professional law school and of the total number of enrollments under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 8 (Elimination of Undergraduate Degree Programs) |
| (1) | No school with a professional law school may have an undergraduate law degree program. |
| (2) | Where a school with a professional law school has an undergraduate law degree program related with law before the opening of a professional law school, no such school may admit students to such undergraduate law degree program, starting from the first year of admission of students to the relevant professional law school. |
| (3) | Notwithstanding subparagraph (1), a school with a professional law school shall maintain its undergraduate law degree program for the education of students admitted to the undergraduate law degree program before the opening of its professional law school. |
| Article 9 (Relations with other Acts and Subordinate Statutes) |
| (1) | As for matters provided in this Act in relation to professional law schools, this Act shall take precedence over any other Act. |
| (2) | As for matters not specifically provided for in this Act in relation to professional law schools, the Acts relating to the education at universities and colleges, including the Higher Education Act. |
CHAPTER II LAW SCHOOL EDUCATION COMMITTEE
| Article 10 (Establishment of Law School Education Committee and Functions thereof) |
The Law School Education Committee shall be established under the Minister of Education to deliberate on the matters relating to professional law schools and falling under each of the following: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
| 1. | Matters relating to authorization for establishment of professional law schools (including matters relating to establishment of professional law schools at national schools); |
| 2. | Matters relating to authorization for closure or modification of professional law schools (including matters relating to closure or modification of professional law schools at national schools); |
| 3. | Matters relating to the enrollment at each professional law school; |
| 4. | Matters relating to details of criteria for authorization for establishment of professional law schools; |
| 5. | Other matters submitted by the Minister of Education, relating to training of legal professionals and legal education at professional law schools. |
| Article 11 (Members of Law School Education Committee) |
| (1) | The Law School Education Committee shall be comprised of 13 members, including one chairperson. |
| (2) | The chairperson shall be appointed by the Minister of Education, from among the committee members under paragraph (3). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | The members shall be commissioned by the Minister of Education from persons falling under any of the following: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10866, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013> |
| 1. | Four persons who are law professors or associate law professors; |
| 2. | One person who is a judge with ten or more years of experience and who is recommended by the Minister of National Court Administration; |
| 3. | One person who is a public prosecutor with ten or more years of experience and who is recommended by the Minister of Justice; |
| 4. | Two persons who are attorneys-at-laws with ten or more years of experience and who are recommended by the President of the Korean Bar Association; |
| 5. | One person who is a public official with ten or more years of experience in educational administration; |
| 6. | Four persons with knowledge and good reputation (excluding persons teaching law as assistant professors or higher and attorneys-at-law). |
| Article 12 (Term of Law School Education Committee Members) |
| (1) | The chairperson and the members shall be appointed for two-year terms, and they may be re-appointed. |
| (2) | Where a member is removed from a position or status prescribed under Article 11 (3) 1 through 5 during incumbency, such member shall lose the such status. |
| Article 13 (Grounds for Exclusion of Member of Law School Eduction Committee) |
Where a member falls under any of the following subparagraphs, such member shall not participate in the relevant deliberation:
| 1. | Where the member or the spouse of the member is employed by a school subject to deliberation or by an incorporated educational institution which establishes and manages such school; |
| 2. | Where the member or the spouse of the member is a relative, as prescribed by Article 777 of the Civil Act, of a person falling under any of the following items: |
| (a) | The head of a school subject to deliberation; |
| (b) | A faculty member of the department of law or the school of law at a school subject to deliberation or a faculty member of a professional law school; |
| (c) | An executive of an incorporated educational institution of a school subject to deliberation. |
| Article 14 (Requesting Cooperation of Relevant Institutions and Organizations) |
The Law School Education Committee may hear opinions of relevant persons of schools, relevant public officials, or experts or request submission of data or opinions to schools or relevant institutions and organizations, if necessary to deliberate on matters under each subparagraph of Article 10.
| Article 15 (Finding of Investigation) |
| (1) | The chairperson of the Law School Education Committee may appoint investigating members to investigate into facts necessary to deliberate on matters under each subparagraph of Article 10. |
| (2) | The Law School Education Committee may conduct on-site investigation by organizing on-site investigation group from among the members or the investigating members, if necessary for deliberation under paragraph (1). |
| (3) | Necessary matters concerning the operation of the Law School Education Committee, the appointment of investigating members, the organization of on-site investigating group, etc. shall be prescribed by Presidential Decree. |
CHAPTER III ESTABLISHMENT REQUIREMENTS AND OPERATION OF PROFESSIONAL LAW SCHOOLS
| Article 16 (Faculties, etc.) |
| (1) | A professional law school shall employ the number of faculty equal to the number of students enrolled in the year of completion of organization divided by the number of students prescribed by Presidential Decree within the limit of 15 students per professor. |
| (2) | Within the limit of 1/5 of the number of faculty to be secured by a professional law school under paragraph (1), the number of teachers holding concurrent posts, etc., prescribed by Presidential Decree, may be included in the number of faculty, as prescribed by Presidential Decree. |
| (3) | Where the number of faculty to be secured by a professional law school under paragraph (1) (excluding the number of teachers holding concurrent posts under paragraph (2)) is less than 20, the number of faculty to be secured shall be 20. |
| (4) | At each professional law school, 1/5 of the number of faculty to be secured under paragraphs (1) and (3) shall be attorneys-at-law or professors who are foreign lawyers with certificates or licenses with 5 years's experience or more in relevant fields (hereafter referring to as "faculty with hands-on-background" in this paragraph). In such cases, no teacher holding concurrent post shall be the faculty with hands-on-background accounts for 1/5 of the number of faculty. |
| Article 17 (Facilities Requirements) |
| (1) | A professional law school shall have facilities prescribed by Presidential Decree to provide abundant education. |
| (2) | A school with a professional law school shall secure sufficient finances necessary for operation of the professional law school and shall establish plans for financial aid for students, such as scholarships. |
| Article 18 (Degree Programs and Required Academic Years) |
| (1) | A professional law school shall have a juris doctorate degree program and may have a doctorate degree program under school regulations. |
| (2) | The required academic years of juris doctorate degree program under paragraph (1) shall be three years. |
| (3) | Students who complete degree programs under paragraph (1) shall be conferred the relevant degrees prescribed by Presidential Decree. |
| (4) | A professional law school may have a non-degree research program. |
| (5) | The number of students enrolled or admissions in the doctorate degree programs or the non-degree research programs under paragraph (4) shall not be included in the number of students enrolled or admissions under Article 7, subparagraph 3 of Article 10, Article 26, or subparagraph 1 of Article 39. |
| (1) | Credits necessary for completion of juris doctorate degree programs at professional law schools shall be equal to or exceeding the credits prescribed by Presidential Decree and shall be prescribed by school regulations. |
| (2) | Credits earned at other professional law schools under this Act or in degree programs at foreign schools equivalent to professional law schools may be transferred to and accepted by relevant professional law schools as prescribed by school regulations within the limits prescribed by Presidential Decree. |
| (3) | A professional law school may recognize credits, earned by a person with undergraduate law degree who is deemed to have earned legal knowledge required at the relevant professional law school, as credits earned at the relevant professional law school as prescribed by school regulations within the limit prescribed by Presidential Decree. |
| (1) | A professional law school shall establish necessary curriculum to train legal professionals who conform to the educational ideology of Article 2 and shall have well-organized study programs. |
| (2) | Necessary matters, including courses of study to be opened by professional law schools, shall be prescribed by Presidential Decree. |
| Article 21 (Invitation of Opinions concerning Establishment and Modification of Establishment Criteria) |
Where the Minister of Education intends to establish or modify important criteria relating to establishment of professional law schools, such as faculties, facilities, curriculum, etc., the Minister shall hear opinions of the Minister of National Court Administration, the Minister of Justice, the President of the Korean Bar Association, the President of Korea Law Professors Association, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
| Article 22 (Requirements for Admission) |
A person who has an undergraduate degree or who is deemed to have equivalent academic education under Acts and subordinate statutes (hereinafter referred to as "person with undergraduate degree"), may be admitted to professional law schools.
| Article 23 (Selection of Students) |
| (1) | A professional law school shall select students from among persons meeting requirements for admission under Article 22 by general admissions or special admissions. |
| (2) | A professional law school shall use the undergraduate grade point average, the score for the test measuring the aptitude relating to abilities to become a legal professional (hereinafter referred to as "Legal Education Eligibility Test"), foreign language proficiency of an applicant as admissions materials, and may use other materials, such as community services and volunteer activities as admissions materials. In such cases, a professional law school shall not conduct a test gauging legal knowledge to use the scores therefrom as admissions materials. |
| (3) | A professional law school shall establish and publicly announce admission process plans which include matters prescribed by Presidential Decree and execute such plan, for fair selection of admitted students. |
| (4) | Necessary matters concerning general admissions, special admissions, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 24 (Conducting Legal Education Eligibility Tests) |
| (1) | The Minister of Education shall conduct the Legal Education Eligibility Test: Provided, That the Minister of Education may designate an institution having organization and human resources, necessary to administer the Legal Education Eligibility Test, and have it conduct the Legal Education Eligibility Test. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Where an institution designated under the proviso to paragraph (1) (hereafter referring to as the "designated institution" in this Article) falls under any of the following subparagraphs, the Minister of Education may revoke such designation: Provided, That in cases falling under subparagraph 1, the Minister shall revoke such designation: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Where such designation was obtained by deceit or other fraudulent means; |
| 2. | Where such designated institution fails to administer the Legal Education Eligibility Test without any justifiable ground; |
| 3. | Where such designated institution fails to have organization and human resources necessary to administer the Legal Education Eligibility Test. |
| (3) | The Minister of Education may order such designated institution to submit reports or materials relating to the administration of the Legal Education Eligibility Test. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | A person who intends to take the Legal Education Eligibility Test shall pay test fees prescribed by the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (5) | The criteria and procedures for designation of designated institutions, the payment method of test fees for the Legal Education Eligibility Test, and other necessary matters concerning the administration of the Legal Education Eligibility Test shall be prescribed by Presidential Decree. |
| Article 25 (Transfer Admissions) |
| (1) | A professional law school student may transfer to another professional law school, as prescribed by school regulations. |
| (2) | Credits earned by a transfer student under paragraph (1) at previous professional law schools may be transferred and accepted as credits earned at the professional law school giving transfer admission, as prescribed by school regulations. |
| Article 26 (Diversity of Student Bodies) |
| (1) | A professional law school shall endeavor to admit students having diverse knowledge and experience. |
| (2) | A professional law school shall have 1/3 or more of admitted students with undergraduate degrees in fields other than law. |
| (3) | A professional law school shall have 1/3 or more of admitted students who have earned undergraduate degrees from schools other than the school having the relevant professional law school. |
CHAPTER IV EVALUATION OF PROFESSIONAL LAW SCHOOLS
| Article 27 (Evaluation by Law School Education Evaluation Committee) |
A school with a professional law school shall be subject to evaluation by the Law School Education Evaluation Committee (hereinafter referred to as the "Evaluation Committee") under Article 28, as prescribed by Presidential Decree.
| Article 28 (Establishment and Functions of Evaluation Committee) |
The Evaluation Committee shall be under the Korean Bar Association under Article 78 of the Attorney-at-Law Act, to conduct duties under each of the following subparagraphs, relating to educational evaluation of professional law schools: | 1. | Evaluation of education, organization, operation, facilities, etc. (hereinafter referred to as "education, etc.") of a professional law school; |
| 2. | Formulation of evaluation methods for proper evaluations and establishment of evaluation criteria. |
| Article 29 (Members of Evaluation Committee) |
| (1) | The Evaluation Committee shall be comprised of 11 members, including one chairperson. |
| (2) | The President of Korean Bar Association shall appoint the chairperson from among the members under paragraph (3). |
| (3) | The President of Korean Bar Association shall commission members from among persons falling under each of the following subparagraphs: <Amended by Act No. 10866, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013> |
| 1. | Four persons who are law professors or associate law professors and who are recommended by the Minister of Education; |
| 2. | One person who is a judge with ten or more years of experience and who is recommended by the Minister of National Court Administration; |
| 3. | One person who is a public prosecutor with ten or more years of experience and who is recommended by the Minister of Justice; |
| 4. | One person who is an attorney-at-law with ten or more years of experience; |
| 5. | One person who is a public official with ten or more years of experience in educational administration; |
| 6. | Three persons who have knowledge and good reputation (excluding persons teaching law as assistant professors or higher and attorneys-at-law). |
| Article 30 (Terms of Evaluation Committee Members) |
| (1) | The chairperson and the members shall be appointed for two-year terms, and they may be re-appointed. |
| (2) | Where a member is removed from a position or status prescribed under Article 29 (3) 1 through 5 during incumbency, such member shall lose the member status. |
| Article 31 (Grounds for Exclusion of Members of Evaluation Committee) |
Where a member falls under any of the following subparagraphs, such member shall not participate in the relevant evaluation:
| 1. | Where the member or spouse of the member is employed by a school with a professional law school subject to evaluation or by an incorporated educational institution which establishes and manages such school; |
| 2. | Where the member of the spouse of the member is a relative, as prescribed by Article 777 of the Civil Act, of a person falling under any of the following items: |
| (a) | The head of a school with a professional law school subject to evaluation; |
| (b) | A faculty member of a professional law school subject to evaluation; |
| (c) | An executive of an incorporated educational institution of a school with a professional law school subject to evaluation. |
| Article 32 (Self-Evaluation) |
A school with a professional law school shall conduct self-evaluation concerning education, etc. at the relevant professional law school, as prescribed by Presidential Decree, submit the results to the Evaluation Committee and publicly announce the results.
| Article 33 (Evaluation Criteria) |
| (1) | In evaluation of education, etc., the Evaluation Committee shall comprehensively evaluate compliance with requirements for establishment, the fairness in selection of admitted students, the adequacy of curriculum, the current employment status of graduates, etc. |
| (2) | The Evaluation Committee shall establish criteria necessary for evaluation of education, etc. with approval by the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 34 (Finding of Investigation) |
| (1) | The chairperson of the Evaluation Committee may appoint investigating members to investigate into facts necessary for evaluation of education, etc. |
| (2) | The Evaluation Committee may conduct on-site investigations by organizing on-site investigation group from among the members or the investigating members, if necessary for evaluation of education, etc. |
| (3) | Necessary matters concerning the organization, etc. of on-site investigation group, shall be prescribed by Presidential Decree. |
| Article 35 (Notice of Evaluation Results) |
| (1) | Where the Evaluation Committee completes evaluation of education, etc., the Evaluation Committee shall notify the relevant school of the results and submit the results to the Minister of Education. In such cases, the Evaluation Committee shall publicly announce the results <Amended by Act No. 11690, Mar. 23, 2013>. |
| (2) | During the process of evaluation, the Evaluation Committee shall give the relevant school an opportunity to present its opinion. |
| Article 36 (Operation of Evaluation Committee) |
| (1) | The Evaluation Committee shall have necessary organizations to support the activities of the Evaluation Committee. |
| (2) | The chairperson of the Evaluation Committee may request government agencies or relevant institutions and organizations to send public officials or employees, where the chairperson deems it necessary for carrying out duties of the Evaluation Committee. |
| (3) | The Evaluation Committee may hear opinions of relevant parties at professional law schools or relevant public officials and experts or may request professional law schools or relevant institutions to submit data or opinions, where the Evaluation Committee deems it necessary for carrying out its functions. |
| (4) | Expenses necessary for operation of the Evaluation Committee may be subsidized by the National Treasury. |
| (5) | Other necessary matters concerning operation, etc. of the Evaluation Committee shall be prescribed by Presidential Decree. |
| Article 37 (Request for Evaluation Committee to Submit Data) |
| (1) | After the Minister of Education receives evaluation results from the Evaluation Committee under Article 35, the Minister may request the Evaluation Committee to submit data relating to evaluation, where the Minister deems it necessary for review of evaluation results. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Education may request the Evaluation Committee to conduct re-evaluation in connection with evaluation results submitted by the Evaluation Committee, where the Minister finds any ground falling under any of the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013> |
| 2. | Where a member, who falls under any ground for exclusion under Article 31, participates in evaluation. |
| (3) | Where the Minister of Education requests re-evaluation, the Evaluation Committee shall conduct re-evaluation within three months, unless extraordinary circumstances exist. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where the Evaluation Committee fails to conduct re-evaluation within three months after the Minister of Education request re-evaluation, without any justifiable ground, the Minister of Education may order the Law School Education Committee to conduct re-evaluation of the relevant professional law school. <Amended by Act No. 11690, Mar. 23, 2013> |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 38 (Corrective Orders) |
Where a school with a professional law school or the relevant professional law school violates any of Articles 5 (2) and (4), 7 (3), 8, 16, 17, 18 (1) through (3), 19, 20, 22, 23, 25, 27 or 32, the Minister of Education may give the entity that establishes and manages a school having a professional law school or the head of such school a corrective order with prescribing a specific deadline. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
| Article 39 (Measures for Deduction, etc.) |
Where an entity that receives a corrective order under Article 38 fails to carry out such order within the prescribed time limit without any justifiable ground and it becomes difficult to operate school normally, the Minister of Education may take measures falling under any of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> | 1. | Deduction of student enrollment at the relevant professional law school; |
| 2. | Suspension of acceptance of student applications at the relevant professional law school. |
| Article 40 (Revocation of Authorization) |
Where a professional law school falls under any of the following subparagraphs and it becomes impossible to operate the school normally, the Minister of Education may revoke authorization for the relevant professional law school: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
| 1. | Where any ground for corrective order under Article 38 occurs due to an intentional or grossly negligent act of the head of a school or an entity that establishes and manages such school; |
| 2. | Where the head of a school or an entity that establishes and manages such school violates any order from the Minister of Education, issued under this Act or other Act and subordinate statutes relating to schools, on three or more occasions; |
| 3. | Where a professional law school suspends classes continuously for three months or more, excluding breaks and holidays. |
| Article 41 (Closing Order) |
| (1) | The Minister of Education may order a person, who operates a facility practically in the form of a professional law school using the word of "professional law school" as part of its name without obtaining authorization for establishment of a professional law school under Article 5, to close the relevant facility. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Education may order any entity which continues to operate a school in the form of a professional law school after revocation of authorization under Article 40, to close the relevant facility. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 42 (Protection of Students after Revocation of Authorization) |
| (1) | Students at a professional law school authorization of which is revoked under Article 40 may transfer to other professional law schools. In such cases, professional law schools accepting transfer students may accept all or part of the credits earned at a professional law school, authorization of which is revoked as credits earned at the relevant professional law schools. |
| (2) | The number of transfer students under paragraph (1) shall not be included in the enrollments or the number of admitted students under Article 7, subparagraph 3 of Article 10, Article 26 and subparagraph 1 of Article 39. |
| (3) | An entity authorization of which is revoked under Article 40 shall report to the Minister of Education on the current status of its enrolled students and facilities and resources provided to the relevant professional law school within three months after the date on which such authorization is revoked. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
Where the Minister of Education intends to order revocation of authorization, or closure of, a professional law school or a facility under Articles 40 and 41 (1), the Minister shall hold hearings. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
| Article 44 (Legal Fiction of Public Officials in Application of Penal Provisions) |
The members and investigating members of the Law School Education Committee and the Evaluation Committee and the employees of the Evaluation Committee, who are not public officials, shall be deemed public officials in application of penal provisions under Articles 127 and 129 through 132 of the Criminal Act.
CHAPTER VI PENAL PROVISIONS
| Article 45 (Penal Provisions) |
A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 14152, May 29, 2016>
| 1. | A person who accepted student applications using the word of "professional law school" as part of its name without obtaining authorization of establishment under the first sentence of Article 5 (2); |
| 2. | A person who closes a professional law school or modifies important matters prescribed by Presidential Decree without authorization for closure or modification, in violation of the second sentence of Article 5 (2); |
| 3. | A person who obtains authorization for establishment, closure or modification under Article 5 (2) by deceit or other fraudulent means; |
| 4. | A person who violates a closure order under Article 41. |
| Article 46 (Penal Provisions) |
A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 14152, May 29, 2016>
| 1. | A person who confers a degree in violation of Article 18 (3); |
| 2. | A person who admits students who do not fall under Article 22; |
| 3. | A person who falsely makes and publicly announces self-evaluation results under Article 32; |
| 4. | A person who violates a corrective order under Article 38. |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force two months after the date of its promulgation: Provided, That the provisions of Articles 27 through 37 shall enter into force on January 1, 2009. |
| (2) | (Applicability concerning First Admissions of Students) The professional law schools established under this Act may admit students starting from March 1, 2009. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14152, May 29, 2016>
This Act shall enter into force on the date of its promulgation.