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ENFORCEMENT DECREE OF THE FOREIGN LEGAL CONSULTANT ACT

Presidential Decree No. 21661, Aug. 5, 2009

Amended by Presidential Decree No. 27261, jun. 28, 2016

 Article 1 (Purpose)
The purpose of this Decree is to stipulate matters delegated by the Foreign Legal Consultant Act and matters necessary for enforcing the said Act.
 Article 2 (Application for Qualification Approval)
A Foreign Licensed Lawyer who applies for qualification approval as a Foreign Legal Consultant in accordance with Article 3 of the Foreign Legal Consultant Act (hereinafter referred to as the “Act”) shall submit directly an application Form 1 in Appendix accompanied by evidentiary document in each of the following subparagraphs to the Minister of Justice:
1. A copy of his/her passport, a certificate of alien registration or any other document to prove his/her identity;
2. His/her curriculum vitae;
3. Documents substantiating that requirements referred to in Article 6 (1) subpragraphs 2, 3, 5 and 6 of the Act are fulfilled;
4. A document substantiating his/her ability to compensate for damages incurred in connection with his/her practices;
5. A written pledge in Appendix Form 2;
6. An affidavit in the form determined and publicly notified by the Minister of Justice in which matters referred to in subparagraphs 3 and 4, etc. are described;
7. Other reference documents.
 Article 3 (Confirmation for Contents of Pledge)
When a Foreign Licensed Lawyer who applies for qualification approval submits an application and evidentiary documents referred to in Article 2, he/she shall read and affix his/her signature on the written pledge prepared in Appendix Form 2 in the presence of an officer designated by the Minister of Justice.
 Article 4 (Inclusion into Work Experience)
The time period of practices, etc. on the statutes of the Country of Original License which is eligible to be included into work experience referred to in Article 4 (1) of the Act in order to obtain qualification approval is as each of the following subparagraphs:
1. Time period of practices performed in a foreign country referred to in Article 4 (2) of the Act: up to three years;
2. Time period of practices in the Republic of Korea referred to in Article 4 (3) of the Act: up to two years.
 Article 5 (Preliminary Review)
Before submitting an application, a Foreign Licensed Lawyer who intends to apply for qualification approval may request the Minister of Justice a preliminary review by submitting an application for qualification approval and any evidentiary document, or equivalent documents.
 Article 6 (Fee)
A fee to be paid by an applicant when applying for registration or renewal of registration as a Foreign Legal Consultant pursuant to Article 11 (5) of the Act shall be determined by the President of the Korean Bar Association with an approval of the Minister of Justice.
 Article 7 (Application for Authorization for Establishment of Foreign Legal Consultant Office)
(1) In order to obtain authorization of establishment of a Foreign Legal Consultant Office pursuant to Article 15 (1) of the Act, an applicant shall submit to the Minster of Justice an application Form 3 in Appendix accompanied by evidentiary document described in each of the following subparagraphs. In such cases, evidentiary document shall be an original or certified copy, and shall be accompanied bya notarized Korean translation if it is not prepared in the Korean language:
1. A document substantiating that the applicant is a Foreign Legal Consultant;
2. Documents substantiating that the applicant fulfills requirements referred to in each subparagraph of Article 16 (1) of the Act;
3. Other reference documents.
(2) If there is any deficiency in any of the matters stated in application documents for authorization for establishment referred to in paragraph (1) or if any evidentiary document is incomplete, the Minister of Justice may request the applicant to supplement it.
(3) If deemed necessary during a review of authorization for establishment of a Foreign Legal Consultant Office pursuant to Article 16 of the Act, the Minister of Justice may examine facts and evidence, or request the applicant to submit related materials.
 Article 8 (Subscription to Insurance Policy or Mutual Aid Fund)
(1) Pursuant to Article 21 of the Act, a partner of a Foreign Legal Consultant Office shall subscribe to an insurance policy or a mutual aid fund managed by the Korean Bar Association within one month from the date when the authorization for establishment is publicly notified referred to in Article 17 (1) of the Act.
(2) The coverage of insurance policy or mutual aid fund under paragraph (1) shall not be less than one hundred million Korean Won per claim.
(3) The representative head of a Foreign Legal Consultant Office shall ensure that the total amount of maximum annual coverage of the insurance policy or mutual aid fund, to which a partner of his/her office subscribed, shall be the amount calculated by multiplying the total number of partner and non-partner Foreign Legal Consultants of the office by one hundred million Korean Won (the amount shall be three hundred million Korean Won if the total number of partner and non-partner Foreign Legal Consultants of the office is less than three persons) or the amount of two billion Korean Won.
(4) A representative head of a Foreign Legal Consultant Office, in connection with the maximum amount of coverage referred to in paragraph (3), shall maintain the remaining balance of the maximum amount of coverage at the amount of at least three hundred million Korean Won and, if the remaining balance of the maximum amount of coverage falls below three hundred million Korean Won, shall increase the remaining balance to the amount of at least three hundred million Korean Won within one month from the date when the cause thereof arises.
(5) Where the coverage of an insurance or a mutual aid fund, to which a partner of a Foreign Legal Consultant Office has subscribed in accordance with paragraph (1), terminates for such reasons as expiration, etc., he/she shall subscribe to an insurance policy or to a mutual aid fund again before the termination date.
(6) In subscribing to an insurance policy or a mutual aid fund pursuant to paragraph (1), a partner of a Foreign Legal Consultant Office may set a deductible within ten million Korean Won per claim.
 Article 9 (Indication of Liability for Damages)
(1) In accordance with Article 21 (2) of the Act, a representative of a Foreign Legal Consultant Office shall indicate specifics of its liability to indemnify for damages referred to in Article 21 (1) of the Act on any engagement agreement and advertisement (excluding any advertisement notifying any change to partners or Foreign Legal Consultants of the foreign legal office).
(2) Advertisement pursuant to paragraph (1) refers to providing information and data about Foreign Legal Consultants of a Foreign Legal Consultant Office and its practices through advertising media prescribed in each of the following subparagraphs:
2. Broadcast defined in Article 2 of the Broadcasting Act.
 Article 10 (Application for Authorization for Establishment of Joint Venture Law Firm)
(1) A Joint Venture Participant who intends to obtain authorization for establishment of a Joint Venture Law Firm pursuant to the former part of Article 35-3 (1) of the Act shall submit to the Minister of Justice, through the local bar association at the seat of a principal office and the Korean Bar Association, an application for authorization for establishment of a Joint Venture Law Firm accompanied by evidentiary document prescribed in each of the following subparagraphs. In such cases, evidentiary document shall be an original or certified copy, and shall be accompanied by a notarized Korean translation if it is not prepared in the Korean language:
1. The articles of incorporation;
2. A document substantiating that there is agreement or resolution reached by Joint Venture Participants on establishment of a Joint Venture Law Firm;
3. Documents substantiating that an applicant fulfills the requirements referred to in each subparagraph of Article 35-8 (1) and (2) of the Act;
4. Other reference documents.
(2) If there is any deficiency in any of the matters stated in the application documents for authorization for establishment of a Joint Venture Law Firm referred to in paragraph (1) or if any evidentiary document is incomplete, the Minister of Justice may request the applicant to supplement it.
(3) If deemed necessary during a review of authorization for establishment of a Joint Venture Law Firm pursuant to the former part of Article 35-3 (1) of the Act, the Minister of Justice may examine facts and evidence, or request the applicants to submit related materials.
(4) Upon granting authorization for establishment of a Joint Venture Law Firm pursuant to the former part of Article 35-3 (1) of the Act, the Minister of Justice shall enter matters prescribed in each of the following subparagraphs in into the registry of authorization for Joint Venture Law Firms and issue a certificate of authorization for establishment of a Joint Venture Law Firm to the applicants:
1. Authorization number and the date of authorization;
2. Name of a Joint Venture Law Firm;
3. Location of principal office and branch offices;
4. Names and addresses of a Senior Attorney-At-Law (referring to an Attorney-At- Law who meets requirements referred to in each subparagraph of Article 35-11 (1) of the Act; hereinafter the same shall apply) and a Senior Foreign Legal Consultants (referring to a Foreign Legal Consultant who meets requirements referred to in each subparagraph of Article 35-11 (1) of the Act; hereinafter the same shall apply);
5. Other necessary matters including matters about a Joint Venture Participant.
(5) Upon issuing a certificate of authorization for establishment of a Joint Venture Law Firm to the applicants, the Minister of Justice shall notify the local bar association at the seat of a principal office and the Korean Bar Association.
(6) Joint Venture Participants, who intend to apply for authorization for establishment of a Joint Venture Law Firm, may request a preliminary review by submitting an application for authorization and evidentiary document or equivalent documents to the Minister of Justice before applying.
[This Article Newly Inserted by Presidential Decree No. 27261, Jun. 28, 2016]
 Article 11 (Application for Authorization to Amend Articles of Incorporation of Joint Venture Law Firm)
(1) A Joint Venture Participant, who intends to obtain authorization to amend the articles of incorporation of a Joint Venture Law Firm in accordance with the latter part of Article 35-3 (1) of the Act, shall submit to the Minister of Justice, through the local bar association at a principal office and the Korean Bar Association, an application for authorization to amend the articles of incorporation accompanied by evidentiary document prescribed in each of the following subparagraphs:
1. A statement of reasons for amending the articles of incorporation;
2. A draft for amended articles of incorporation;
3. A document substantiating that there is agreement or resolution reached by Joint Venture Participants on amendment to the articles of incorporation.
(2) Upon authorizing amendment to the articles of incorporation of a Joint Venture Law Firm pursuant to the latter part of Article 35-3 (1) of the Act, the Minister of Justice shall enter such fact into the registry of authorization for Joint Venture Law Firms and notify the Korean Bar Association.
(3) Article 10 (2) and (3) shall apply mutatis mutandis to the procedure for amending the articles of incorporation of a Joint Venture Law Firm under paragraph (1). In such cases, “application for authorization for establishment” shall be construed as “application for authorization to amend the articles of incorporation” and “authorization for establishment” as “authorization for amendment to articles of incorporation”.
[This Article Newly Inserted by Presidential Decree No. 27261, Jun. 28, 2016]
 Article 12 (Application for Renewal of Authorization for Establishment of Joint Venture Law Firm)
(1) A Joint Venture Law Firm that intends to have authorization for establishment renewed in accordance with Article 35-3 (4) of the Act shall submit to the Minister of Justice through the local bar association at the seat of a principal office and the Korean Bar Association an application for the renewal of authorization for establishment accompanied by the document prescribed in Article 10 (1) subparagraph 3.
(2) Upon renewing authorization to establish a Joint Venture Law Firm in accordance with the application referred to in paragraph (1), the Minister of Justice shall enter such fact into the registry of authorization for joint venture law firms and notify the local bar association at the seat of a principal office and the Korean Bar Association.
[This Article Newly Inserted by Presidential Decree No. 27261, Jun. 28, 2016]
 Article 13 (Registration of Joint Venture Law Firms)
(1) Registration of a Joint Venture Law Firm shall be filed with a Registry office which holds jurisdiction at the seat of its principal office or branch office.
(2) Registration of establishment of a Joint Venture Law Firm shall be jointly filed by all Joint Venture Participants and the application shall be attached with documents in each of the following subparagraphs:
1. Articles of incorporation;
2. Certificate of authorization for establishment of Joint Venture Law Firm.
(3) For matters other than what is stipulated in the Act and this Decree in respect to the registration of a Joint Venture Law Firm, the Commercial Registration Act shall apply mutatis mutandis.
(4) A Joint Venture Law Firm shall submit a report on registration of establishment of the Joint Venture Law Firm (including a report in electronic document) to the Minister of Justice within seven days from the date of the registration for its establishment. In such cases, the Minister of Justice shall verify a certificate of registration matters of a corporation by reviewing administrative information under Article 36 (1) of the Electronic Government Act.
[This Article Newly Inserted by Presidential Decree No. 27261, Jun. 28, 2016]
 Article 14 (Minor Cause)
(1) “A case with minor causes prescribed by the Presidential Decree” in Article 35-8 (1) subparagraph 4 item (a) proviso clause of the Act means the case which fulfills all of the requirements prescribed in each of the following subparagraphs:
1. Where a Local Participant of a Joint Venture has received any disciplinary action prescribed in each of the following items or a fine not exceeding three million Korean Won under the Attorney-At-Law Act:
(a) A disciplinary action equivalent of suspension of practice for a period not exceeding one year;
(b) An administrative fine;
(c) A reprimand;
2. Where the Minister of Justice acknowledges that it would be adequate to participate in a Joint Venture Law Firm after comprehensive consideration about content, motive, means, result, consequential circumstances, etc. of a causal action for disciplinary action or criminal punishment prescribed in subparagraph 1.
(2) “A case with minor causes prescribed by the Presidential Decree” in Article 35-8 (1) subparagraph 4 item (a) proviso clause of the Act means the case which fulfills all of the requirements prescribed in each of the following subparagraphs:
1. Where the representative head of a Local Participant of a Joint Venture has received any disciplinary action, prescribed in one of the following items, under the Attorney-At-Law Act:
(a) Suspension of practice for a period not exceeding one year;
(b) An administrative fine;
(c) A reprimand;
2. Where the Minister of Justice acknowledges that it would be adequate to participate in a Joint Venture Law Firm after comprehensive consideration about content, motive, means, result, consequential circumstances, etc. of a causal action for disciplinary action prescribed in subparagraph 1.
(3) “A case with minor causes prescribed by the Presidential Decree” Article 35-8 (2) subparagraph 4 item (a) proviso clause of the Act means the case which fulfills all of the requirements prescribed in each of the following subparagraphs:
1. Where a Foreign Participant of a Joint Venture has any disciplinary action or criminal punishment, prescribed in one of the following items, under the Attorney-At-Law Act (including the Act or a foreign statute equivalent of the Attorney-At-Law Act):
(a) Suspension of practice for a period not exceeding one year;
(b) An administrative fine;
(c) A reprimand;
2. Where the Minister of Justice acknowledges that it would be adequate to participate in a Joint Venture Law Firm after comprehensive consideration about content, motive, means, result, consequential circumstances, etc. of a causal action for disciplinary action prescribed in subparagraph 1.
(4) “A case with minor causes prescribed by the Presidential Decree” in Article 35-8 (2) subparagraph 4 item (b) proviso clause of the Act means the case which fulfills all of the requirements prescribed in each of the following subparagraphs:
1. Where the representative head of a Foreign Participant of a Joint Venture has received any disciplinary action or criminal punishment equivalent of imprisonment without prison labor or heavier punishment under the Attorney-At-Law Act (including the Act or a foreign statute equivalent of the Attorney-At-Law Act):
(a) Suspension of practice for a period not exceeding one year;
(b) An administrative fine;
(c) A reprimand;
2. Where the Minister of Justice acknowledges that it would be adequate to participate in a Joint Venture Law Firm after comprehensive consideration about content, motive, means, result, consequential circumstances, etc. of disciplinary action prescribed in subparagraph 1.
[This Article Newly Inserted by Presidential Decree No. 27261, Jun. 28, 2016]
 Article 15 (Principal Office and Branch Offices)
(1) If a Joint Venture Law Firm establishes a branch office pursuant to Article 35-15 (1) of the Act, at least one third of the total number of Senior Attorneys-At-Law and that of Senior Foreign Legal Consultants shall primarily work in a principal office, and at least one Senior Attorney-At-Law and one Senior Foreign Legal Consultant shall primarily work in a branch office.
(2) When reporting establishment of a branch office in accordance with Article 35-15 (2) of the Act, Senior Attorneys-At-Law and Senior Foreign Legal Consultants who will practice in that branch office shall be indicated.
(3) One branch office may be established in each district under jurisdiction of a Metropolitan Autonomous City, Si (in the case of Jeju Special Self-Governing Province, referring to an administrative city under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City), Gun and Gu (referring to an autonomous Gu).
(4) A branch office shall indicate that it is a branch office of a Joint Venture Law Firm.
[This Article Newly Inserted by Presidential Decree No. 27261, Jun. 28, 2016]
 Article 16 (Subscription of Joint Venture Law Firm to Insurance or Mutual Aid Fund)
(1) Pursuant to Article 35-28 (2) of the Act, a Joint Venture Law Firm shall subscribe to an insurance or to mutual aid fund managed by the Korean Bar Association within one month from the date of its registration of establishment prescribed in Article 35-5 (1) of the Act.
(2) The maximum amount of coverage of an insurance or mutual fund referred to in paragraph (1) shall be at least one hundred million Korean Won per claim.
(3) A Joint Venture Law Firm shall ensure that the total amount of maximum annual coverage of insurance or mutual aid fund referred to in paragraph (1) is the amount calculated by multiplying the total number of Senior Attorneys-At-Law, Senior Foreign Legal Consultants, Hired Attorneys-At-Law referred to in Article 35-12 (1) of the Act (hereinafter referred to as “affiliated Attorneys-At-Law”) and Hired Foreign Legal Consultants referred to in the same paragraph (hereinafter referred to as “affiliated Foreign Legal Consultants”) by one hundred million Korean Won, or two billion Korean Won.
(4) A Joint Venture Law Firm, in connection with the maximum amount of coverage referred to in paragraph (3), shall maintain the remaining balance of the maximum amount of coverage at the amount of at least three hundred million Korean Won and, if the remaining balance of the maximum amount of coverage falls below three hundred million Korean Won, shall increase the remaining balance to the amount of at least three hundred million Korean Won within one month from the date when the cause thereof arises.
(5) Where the coverage of an insurance or a mutual aid fund, to which a Joint Venture Law Firm has subscribed in accordance with paragraph (1), terminates for such reasons as expiration of the period, etc., it shall subscribe to an insurance or to mutual aid fund before the termination date.
(6) In subscribing for an insurance policy or a mutual aid fund pursuant to paragraph (1), a Joint Venture Law Firm may set deductibles within ten million Korean Won per damages claim.
[This Article Newly Inserted by Presidential Decree No. 27261, Jun. 28, 2016]
 Article 17 (Indication of Liability for Damages)
(1) In accordance with Article 35-28 (3) of the Act, a Joint Venture Law Firm shall indicate specifics of its liability to indemnify for damages referred to in paragraph (2) of the same Article on engagement agreement and advertisements (excluding any advertisement notifying any change to its Senior Attorneys-At-Law, Senior Foreign Legal Consultants, Hired Attorneys-At-Law and Hired Foreign Legal Consultants).
(2) Advertisement pursuant to paragraph (1) refers to providing information and data about Attorneys-At-Law and Foreign Legal Consultants of a Joint Venture Law Firm and their services through advertising media prescribed in each of the following subparagraphs:
2. Broadcasting defined in Article 2 of the Broadcasting Act.
[This Article Newly Inserted by Presidential Decree No. 27261, Jun. 28, 2016]
ADDENDUM
This Decree shall enter into force on September 26, 2009.
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.