LICENSED ADMINISTRATIVE AGENT ACT
Wholly Amended by Act No. 10441, Mar. 8, 2011
Amended by Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 13296, May 18, 2015
Act No. 13835, Jan. 27, 2016
Act No. 14287, Dec. 2, 2016
Act No. 14839, Jul. 26, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote citizens’ convenience in relation to public administration and contribute to robust development of administrative systems by establishing the system of licensed administrative agents.
| Article 2 (Scope of Services) |
| (1) | A licensed administrative agent shall provide the following services with authority delegated by any third person: Provided, That no licensed administrative agent shall provide any services prohibited by any other Act: |
| 1. | Preparing documents to be submitted to an administrative agency; |
| 2. | Preparing documents regarding a right or obligation or attestation of facts; |
| 3. | Translating documents related to affairs of an administrative agency; |
| 4. | Submitting documents prepared under subparagraphs 1 through 3 on behalf of any third person; |
| 5. | Filing applications, claims, reports, etc. with an administrative agency on behalf of any third person, to obtain authorization, permits, licenses, etc.; |
| 6. | Providing counsel or advice on public administration-related Acts and subordinate statutes or public administration; |
| 7. | Conducting fact-finding surveys and verification of administrative affairs delegated under any Act or subordinate statute. |
| (2) | The details and scope of services falling under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 3 (Prohibitions on Persons other than Administrative Agents) |
| (1) | Unless otherwise permitted by any other Act, no person, other than an administrative agent, shall provide a service under Article 2 to any third person as a profession. |
| (2) | No person, other than an administrative agent, shall use a name that includes the words “administrative agent” or similar. |
| Article 4 (Categories of Licensed Administrative Agents) |
Licensed administrative agents shall be categorized into licensed administrative agents in general service, technical service or foreign language translation service, according to the affairs that each of them performs, and the scope and details of affairs performed by each category of licensed administrative agents shall be prescribed by Presidential Decree.
CHAPTER II QUALIFICATIONS AND EXAMINATIONS FOR LICENSED ADMINISTRATIVE AGENTS
| Article 5 (Qualifications for Licensed Administrative Agents) |
To be qualified as a licensed administrative agent, a person must pass a qualifying examination for licensed administrative agents.
| Article 6 (Grounds for Disqualification) |
Any of the following persons shall be disqualified as a licensed administrative agent: <Amended by Act No. 13835, Jan. 27, 2016>
| 1. | A person under adult guardianship or a person under limited guardianship; |
| 2. | A person declared bankrupt but not yet reinstated; |
| 3. | A person for whom three years have not passed since imprisonment without prison labor or heavier punishment as declared by a court was completely executed (or is deemed completely executed) or exempted; |
| 4. | A person for whom two years have not passed since the period of suspension of imprisonment without prison labor or any heavier punishment sentenced onto him/her ended; |
| 5. | A person under a suspended sentence of imprisonment without prison labor or any heavier punishment as declared by a court; |
| 6. | A public official for whom three years have not passed since he/she was removed or dismissed from office by a disciplinary measure; |
| 7. | A person for whom three years have not passed since his/her qualification as a licensed administrative agent was revoked under Article 30. |
| Article 7 (Licensed Administrative Agent Qualification Screening Committee) |
| (1) | A Licensed Administrative Agent Qualification Screening Committee may be established within the Ministry of the Interior and Safety to deliberate on the following matters with respect to the acquisition of qualifications as licensed administrative agent: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Matters relating to examinations, such as the subjects of a qualifying examination for licensed administrative agents; |
| 2. | Determination of the number of persons to be selected through a qualifying examination for licensed administrative agents; |
| 3. | Requirements for persons eligible for partial exemption from a qualifying examination for licensed administrative agents; |
| 4. | Other important matters regarding the acquisition of qualifications for licensed administrative agents. |
| (2) | Matters necessary for the composition and operation of the Licensed Administrative Agent Qualification Screening Committee shall be prescribed by Presidential Decree. |
| Article 8 (Qualifying Examinations for Licensed Administrative Agents) |
| (1) | A qualifying examination for licensed administrative agents shall be administered by the Minister of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Each qualifying examination for licensed administrative agents shall be divided into a primary test and a secondary test. |
| (3) | The Minister of the Interior and Safety may entrust the management of the qualifying examinations for licensed administrative agents to the Human Resources Development Service of Korea established under the Human Resources Development Service of Korea Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | The subjects of a qualifying examination for licensed administrative agents, the method of testing, and other matters necessary for such examination shall be prescribed by Presidential Decree. |
| Article 9 (Exemption from Examinations) |
| (1) | The following persons shall be exempt from a primary test: <Amended by Act No. 14287, Dec. 2, 2016> |
| 1. | The following persons who have served as a public official: |
| (a) | A person who has served as a Grade-VII (or equivalent) or higher-ranking public official in career service (excluding public officials prescribed by Presidential Decree among public officials in specific service, and public officials in technical service) who have served for at least ten years; |
| (b) | A person who has served as a Grade-VII or higher-ranking public official in special service prescribed by Presidential Decree who have served for at least ten years; |
| 2. | A person who has at least five years’ experience in translation into a foreign language since obtaining a bachelor’s degree in the foreign language from a university or college defined under the Higher Education Act; |
| 3. | A person who has at least three years’ experience in translation into a foreign language since obtaining a master’s degree or doctorate in the foreign language from a graduate school defined under the Higher Education Act; |
| 4. | A qualified licensed administrative agent who applies for a different type of qualifying examination for licensed administrative agents. |
| (2) | The following persons shall be exempt from all subjects of a preliminary test and some subjects of a secondary test prescribed by Presidential Decree within the extent not exceeding 1/2 of the number of subjects of a secondary test: |
| 1. | The following public officials in career service: |
| (a) | A Grade-VII (or equivalent) or higher-ranking public official who has served for at least fifteen years; |
| (b) | A Grade-V (or equivalent) or higher-ranking public official who has served for at least five years; |
| 2. | The public officials in special service prescribed by Presidential Decree: |
| (a) | A Grade-VII (or equivalent) or higher-ranking public official who has served for at least fifteen years; |
| (b) | A Grade-V (or equivalent) or higher-ranking public official who has served for at least five years; |
| 3. | A person who has at least seven years’ experience in translation into a foreign language since obtaining a bachelor’s degree in the foreign language from a university or college defined under the Higher Education Act; |
| 4. | A person who has at least five years’ experience in translation into a foreign language since obtaining a master’s degree or doctorate in the foreign language from a graduate school defined under the Higher Education Act. |
| (3) | Paragraphs (1) and (2) shall not apply to any of the following persons: <Amended by Act No. 13296, May 18, 2015> |
| 1. | A public official who has been impeached or discharged or dismissed from office by a disciplinary measure while serving as a public official; |
| 2. | A public official subject to disciplinary measures equivalent to demotion or suspension for acquiring or providing money, goods, real property, treat or other economic benefits prescribed by Presidential Decree while serving as a public official; |
| 3. | A public official subject to disciplinary measures equivalent to demotion or suspension for the grounds, such as embezzlement, breach of duty, theft, fraud or misappropriation of the any of the following while serving as a public official: |
| (g) | Others prescribed by Presidential Decree, similar to those referred to in items (a) through (f). |
| (4) | Work experience as a foreign language translator under paragraph (1) or (2) and other matters necessary for recognition of qualifications shall be prescribed by Presidential Decree. <Amended by Act No. 13296, May 18, 2015> |
| (5) | Any person who has passed a primary test shall only be exempted from a primary test examination to be implemented on the next occasion. <Amended by Act No. 13296, May 18, 2015> |
| Article 9-2 (Measures Against Person Who Cheated on Examination) |
| (1) | The Minister of the Interior and Safety shall suspend a person who engages in cheating behaviors during a qualifying examination for licensed administrative agents conducted under Article 8 from taking the qualifying examination or nullify such qualifying examination. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | A person suspended from taking a qualifying examination or a qualifying examination in which the person has taken is nullified under paragraph (1) is banned from applying for a qualifying examination for licensed administrative agents for five years from the date such disposition has been taken. |
[This Article Newly Inserted by Act No. 13835, Jan. 27, 2016]
CHAPTER III REPORTING OF SERVICES
| Article 10 (Reporting of Services) |
| (1) | If any qualified licensed administrative agent intends to commence licensed administrative agency services, he/she shall file a report (hereinafter referred to as “report of services”) with the Governor of the Special Self-Governing Province or the head of the Si, Gun, or autonomous Gu having jurisdiction over his/her principal place of business (hereinafter referred to as “the head of the competent Si, etc.”) in accordance with the reporting guidelines prescribed by Presidential Decree. The same shall also apply to any modification to matters so reported. |
| (2) | Matters necessary for the guidelines and procedures for filing reports of services shall be prescribed by Presidential Decree. |
| Article 11 (Rejection of Reports of Services) |
| (1) | If a licensed administrative agent who has filed a report of services falls under any of the following, the head of the competent Si, etc. may reject the report of services. In such cases, the head of the competent Si, etc. shall, without delay, notify the relevant licensed administrative agent of the fact that the report of services is rejected and the ground therefor: |
| 1. | If the person is not a licensed administrative agent under Article 5; |
| 2. | If the person becomes disqualified on a ground specified in any subparagraph of Article 6; |
| 3. | If the person fails to undergo in-service training under Article 25 (1). |
| (2) | If the head of the competent Si, etc. fails to issue a certificate of report of services to a licensed administrative agent under Article 12 (hereinafter referred to as “certificate of report”) or give notice of rejection of a report of services by no later than three months from receipt of the report of services, the report of services shall be deemed accepted on the date immediately after the end of the three-month period. |
| (3) | A person whose report of services is rejected under paragraph (1) may file an objection with the head of the competent Si, etc. within three months from the date he/she is notified of the rejection, stating the grounds for objection to the rejection of the report of services. |
| (4) | If the head of the competent Si, etc. finds that an objection filed under paragraph (3) is reasonable, he/she shall issue a certificate of report. |
| (5) | Matters necessary for filing objections under paragraph (3) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 12 (Issuance of Certificates of Report) |
| (1) | Upon receipt of a report of services, the head of the competent Si, etc. shall verify the details thereof and shall issue a certificate of report to the relevant licensed administrative agent, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | If a person in receipt of a certificate of report issued under paragraph (1) has misplaced or defaced the certificate of report, he/she may apply for re-issuance of the certificate with the head of the competent Si, etc., as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 13 (Prohibition of Lending, etc. of Certificates of Report) |
| (1) | No licensed administrative agent shall transfer or lend his/her certificate of report to any third person. |
| (2) | No one shall acquire or borrow and use any third person’s certificate of report. |
| Article 14 (Establishment of Offices) |
| (1) | A licensed administrative agent may establish only one office to provide licensed administrative agency services. |
| (2) | A licensed administrative agent may establish a partnership office with at least three licensed administrative agents to provide services in a systematic and professional manner, and may establish branch offices up to the number of the affiliate licensed administrative agents |
| (3) | When a licensed administrative agent relocates his/her office, he/she shall file a report on relocation to the head of the Si, etc. having jurisdiction over the new location of the office within ten days. |
| (4) | Upon receipt a report filed under paragraph (3), the head of the Si, etc. shall request the head of the Si, etc. having jurisdiction over the previous location of the office to forward the relevant documents. In such cases, the head of the Si, etc. having jurisdiction over the previous location of the office shall, without delay, forward the relevant documents to the head of the Si, etc. having jurisdiction over the new location of the office. |
| (5) | An administrative measure to a licensed administrative agent on a ground that arose before a report is filed under paragraph (3) shall be taken by the head of the Si, etc. having jurisdiction over the new location of the office. |
| (6) | The establishment and operation of an office, reporting on relocation, and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 15 (Names, etc. of Offices) |
| (1) | Every licensed administrative agent shall use “office of licensed administrative agent” or “partnership office of licensed administrative agents” in the name of his/her office, depending on the type of office, and shall use “branch office” in the name of each branch office of a partnership office of licensed administrative agents. |
| (2) | No person, other than licensed administrative agents, shall use a name that includes “office of licensed administrative agent” or similar, and no office or entity, other than a partnership office of licensed administrative agents or a branch office of such partnership office shall use a name that includes “partnership office of licensed administrative agents” or “branch office” of such partnership office or similar. |
| Article 16 (Reports of Closure) |
| (1) | If a licensed administrative agent closes his/her business, he/she shall, without delay, file a report thereon to the head of the competent Si, etc.; if a licensed administrative agent is deceased, one of his/her family member, cohabitants, or clerks shall, without delay, file a report on his/her death to the head of the competent Si, etc. The same shall also apply where a licensed administrative agent who has closed his/her business intends to resume it. |
| (2) | Matters necessary for filing reports under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 17 (Reports of Suspension) |
| (1) | If a licensed administrative agent intends to suspend his/her services for more than three months (including where a licensed administrative agent fails to commence administrative agency services after filing a report of services; the same shall apply hereinafter) or intends to resume suspended services shall file a report thereon to the head of the competent Si, etc. |
| (2) | If a licensed administrative agent who has suspended his/her services under paragraph (1) fails to resume services within two years since the suspension of services, his/her services shall be deemed ceased. |
| (3) | Matters necessary for filing reports of suspension under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
CHAPTER IV RIGHTS AND OBLIGATIONS OF LICENSED ADMINISTRATIVE AGENTS
| (1) | A licensed administrative agent may hire clerks and shall be responsible for instructing and supervising his/her clerks. |
| (2) | An act done by a clerk in the course of performing his/her duty shall be deemed an act done by the licensed administrative agent who hired the clerk. |
| (3) | Deleted. <by Act No. 13296, May 18, 2015> |
| (1) | A licensed administrative agent shall collect fees from any person who delegates an affair to him/her. |
| (2) | No licensed administrative agent or clerk shall collect money, economic benefits, or other consideration, by whatsoever name it is referred to, in addition to fees collected under paragraph (1) from any delegating person in connection with his/her services. |
| Article 20 (Issuance of Attestations) |
| (1) | A licensed administrative agent may issue an attestation of facts related to his/her services. |
| (2) | A licensed administrative agent specializing in foreign language translation services may issue an attestation of translation for any document translated by him/her. |
| (3) | The scope of attestations to be issued under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 21 (Obligations and Liability of Licensed Administrative Agents) |
| (1) | Every licensed administrative agent shall conscientiously perform affairs delegated to him/her. |
| (2) | Every licensed administrative agent shall be liable for property damage or loss that he/she inflicts, either intentionally or negligently, on any delegating person in the course of performing affairs delegated to him/her. |
| Article 22 (Prohibited Acts) |
No licensed administrative agent or clerk shall do any of the following acts:
| 1. | Refusing to accept the delegation of an affair without a just ground; |
| 2. | Accepting the delegation of an affair from a party to a case in the course of performing the same affair delegated by the other party who has an adverse interest: Provided, That the foregoing shall not apply where both parties consent thereto; |
| 3. | Intervening in any third person’s litigation or dispute over a right or in the course of processing a civil petition beyond the scope of services of licensed administrative agents; |
| 4. | Soliciting a person to delegate an affair that a licensed administrative agent is permitted to handle by using a person who acts as a broker for services of licensed administrative agents or by any other unlawful means. |
| Article 23 (Confidentiality) |
No current or former licensed administrative agent (including a current or former clerk a licensed administrative agent) shall divulge any information he/she becomes aware of in the course of performing his/her duty to any third person without a just ground.
| Article 24 (Preparation of Business Process Records) |
| (1) | A licensed administrative agent shall prepare and preserve business process records concerning affairs delegated to him/her, as prescribed by Presidential Decree. |
| (2) | The following matters shall be entered in the business process records under paragraph (1): |
| 3. | Summary of delegated affairs; |
| 5. | The name and address of each delegating person; |
| 6. | Other matters necessary to perform delegated affairs. |
| Article 25 (Training for Licensed Administrative Agents) |
| (1) | When any qualified licensed administrative agent intends to commence administrative agency services, he/she shall undergo in-service training, as prescribed by Presidential Decree, before he/she files a report of services. |
| (2) | If the Minister of the Interior and Safety, the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor, (hereinafter referred to as “Mayor/Do Governor”) or the head of the Si, etc. having jurisdiction over the offices of licensed administrative agents deems it necessary to improve the quality of licensed administrative agents and their ability to provide services, he/she shall provide training or education to licensed administrative agents or entrust such training or education to an institution, organization, etc. prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Every licensed administrative agent shall undergo education under paragraph (2). |
| (4) | The subjects, timing, and period of the training and education under paragraphs (1) and (2), the method of completing such training and education, and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER V ASSOCIATIONS OF LICENSED ADMINISTRATIVE AGENTS
| Article 26 (Establishment, etc. of Associations of Licensed Administrative Agents) |
| (1) | Licensed administrative agents may establish their association (hereinafter referred to as “association”) in order to efficiently perform affairs regarding improving the quality of licensed administrative agents, maintaining dignity, and improving and managing the system of licensed administrative agents. |
| (2) | The association shall be a corporation. |
| (3) | The association shall be duly formed when the registration for its establishment is completed at the registry office having jurisdiction over its principal place of business upon obtaining authorization from the Minister of the Interior and Safety after promoters prepare the articles of association and pass a resolution thereon at its inaugural meeting. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Matters necessary for establishing associations and filing applications for authorization for establishment and other matters shall be prescribed by Presidential Decree. |
| Article 27 (Articles of Association) |
| (1) | The articles of association shall include the following matters: |
| 1. | Objectives and name and the address of its office; |
| 2. | Matters regarding its representative and executives; |
| 3. | Matters regarding meetings; |
| 4. | Matters regarding the maintenance of dignity of licensed administrative agents, their services, and education; |
| 5. | Matters regarding membership and withdrawal from membership, instruction, and supervision of its members; |
| 6. | Matters regarding accounting and membership fees; |
| 7. | Matters regarding assets; |
| 8. | Other matters necessary to attain the association’s objectives. |
| (2) | An amendment to the articles of association shall be authorized by the Minister of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 28 (Application Mutatis Mutandis of the Civil Act) |
Except as otherwise expressly provided for in this Act, the provisions regarding incorporated corporations in the Civil Act shall apply mutatis mutandis to the Association.
| Article 29 (Instruction, Supervision, etc.) |
| (1) | Associations shall be subject to supervision by the Minister of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | If the Minister of the Interior and Safety deems it necessary for supervision, he/she may require the association to submit a report or data on its affairs or issue other necessary orders to the association and may authorize a subordinate public official to enter the office of the association to inspect the status of its business, documents, etc. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | A public official who enters an office to conduct an inspection under paragraph (2) shall carry a certificate of identification prescribed by Ordinance of the Ministry of the Interior and Safety, and produce it to persons involved. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
CHAPTER VI INSTRUCTION AND SUPERVISION
| Article 30 (Revocation of Qualifications) |
| (1) | If a licensed administrative agent falls under any of the following, the Minister of the Interior and Safety shall revoke his/her qualification: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | If he/she has obtained the qualification as a licensed administrative agent by fraudulent or other illegal means; |
| 2. | If he/she transfers or lends his/her certificate of report to any third person, in violation of Article 13 (1); |
| 3. | If he/she provides licensed administrative agency services in a period during which his/her services are suspended under Article 32; |
| 4. | If he/she has final and conclusive sentence of imprisonment with prison labor for a violation of this Act. |
| (2) | The Minister of the Interior and Safety shall hold a hearing to revoke the qualification of a licensed administrative agent pursuant to paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 31 (Supervisory Orders, etc.) |
| (1) | If the Minister of the Interior and Safety or the head of the Si, etc. having jurisdiction over the location of the office of a licenses administrative agency deems it necessary for supervising the licensed administrative agent, he/she may require the licensed administrative agent to submit a report or data on his/her services or issue other necessary orders, and may authorize a subordinate public official to enter the office of the licensed administrative agent to inspect accounting books, documents, etc. or make inquiries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | A public official who enters an office to conduct an inspection under paragraph (1) shall carry a certificate of identification prescribed by Ordinance of the Ministry of the Interior and Safety and produce it to persons involved. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 32 (Suspension of Services) |
| (1) | The head of the Si, etc. having jurisdiction over the office of a licensed administrative agent may order the licensed administrative agent to suspend his/her services for a given period not exceeding six months, if: |
| 1. | He/she establishes more than two offices, in violation of Article 14 (1); |
| 2. | He/she fails to file a report on suspension of his/her services under Article 17 (1); |
| 3. | He/she collects money, economic benefits, or other consideration, in addition to fees, from a delegating person, in violation of Article 19 (2). |
| (2) | Guidelines for the suspension of services under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The suspension of services under paragraph (1) shall not be imposed, if three years have passed from the date of occurrence of the relevant grounds. |
| Article 33 (Transfer, etc. of Effect of Administrative Sanctions) |
| (1) | A licensed administrative agent who files a report on the resumption of services after filing a report on cessation of services under Article 16 shall succeed to the status of the licensed administrative agent before the report on cessation of services was filed. |
| (2) | For the purposes of paragraph (1), the effect of an administrative disposition taken against a licensed administrative agent before filing a report on cessation of services for a violation specified in any subparagraph of Article 32 (1) shall be succeeded to by the licensed administrative agent who files a report on the resumption of services within one year from the date the disposition is taken. |
| (3) | For the purposes of paragraph (1), an administrative disposition may be taken against a licensed administrative agent who files a report on the resumption of services for a violation specified in any subparagraph of Article 32 (1) and committed by the licensed administrative agent before filing a report on cessation of services: Provided, That the foregoing shall not apply where the period from the date a report on the cessation of service was filed to the date a report on the resumption of service is filed exceeds one year. |
| (4) | The duration of suspension of business shall be determined in consideration of the period during which a licensed administrative agent ceased his/her services and grounds for cessation of services, etc. when an administrative disposition is taken under paragraph (3). |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 34 (Delegation and Entrustment) |
| (1) | The Minister of the Interior and Safety may partially delegate his/her authority under this Act to a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may partially entrust his/her duties under this Act to an association, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 35 (Examination Fees) |
A person who intends to apply for a qualifying examination for licensed administrative agents under Article 8 shall pay fees, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| Article 35-2 (Re-Examination of Regulation) |
The Minister of the Interior and Safety shall examine whether it is appropriate to abolish, grant leniency or maintain the standards for imposition of administrative fines provided in Article 38 every two years, counting from June 1, 2015 (referring to the period that ends on the day before the base date of every second year). <Amended by Act No. 14839, Jul. 26, 2017> [This Article Newly Inserted by Act No. 13296, May 18, 2015]
CHAPTER VIII PENAL PROVISIONS
| Article 36 (Penal Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with prison labor for not more than three years, or by a fine not exceeding thirty million won: <Amended by Act No. 13835, Jan. 27, 2016> |
| 1. | A person who provides services referred to in the subparagraphs of Article 2 (1) as a profession, in violation of Article 3 (1); |
| 2. | A licensed administrative agent who transfers or lends his/her certificate of report to a third person, or a person who acquires or borrows a certificate of report from a licensed administrative agent. |
| (2) | Any of the following persons shall be punished by imprisonment with prison labor for not more than one year, or by a fine not exceeding ten million won: <Amended by Act No. 13835, Jan. 27, 2016> |
| 1. | A person who provides licensed administrative agency services without filing a report of services; |
| 2. | A person who divulges any information he/she becomes aware of in the course of performing his/her duty to a third person, in violation of Article 23; |
| 3. | A person who provides licensed administrative agency services in a period during which his/her services are suspended under Article 32. |
| (3) | Any of the following persons shall be punished by a fine not exceeding one million won: |
| 1. | A person who collects money, economic benefits, or other consideration from a delegating person, in addition to fees, in violation of Article 19 (2); |
| 2. | A person who refuses to accept the delegation of an affair without good cause, in violation of subparagraph 1 of Article 22; |
| 3. | A person who accepts the delegation of the same affair from both parties to a case, in violation of subparagraph 2 of Article 22; |
| 4. | A person who intervenes in a third person’s litigation or dispute over a right or in the course of processing a civil petition, in violation of subparagraph 3 of Article 22; |
| 5. | A person who solicits a third person to delegate an affair that a licensed administrative agent is permitted to handle by using a person who acts as a broker for services of licensed administrative agents or by any other unlawful means. |
| Article 37 (Joint Penal Provisions) |
If any clerk of a licensed administrative agent commits a violation under Article 36 in connection with his/her provision of services, not only shall such violator be punished, but also the licensed administrative agent shall be punished by a fine under the aforesaid Article: Provided, That the foregoing shall not apply where such licensed administrative agent has not been negligent in giving due attention and supervision concerning the relevant services to prevent such violation.
| Article 38 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | A person who uses a name that includes “licensed administrative agent” or similar, in violation of Article 3 (2); |
| 2. | A person who uses a name that includes “office of licensed administrative agent” or “partnership office of licensed administrative agents” or similar, in violation of Article 15 (2); |
| 3. | A person who fails to submit a report or data required under Article 29 (2) or 31 (1) without good cause, files a false report or data, or interferes with, refuses, or evades entry or an inspection, in violation of Article 29 (2) or 31 (1). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | A licensed administrative agent who fails to prepare business process records, in violation of Article 24, or falsifies business process records; |
| 2. | A licensed administrative agent who fails to undergo training or education provided by the Minister of the Interior and Safety, the competent Mayor/Do Governor, or the head of the competent Si, etc. under Article 25 (2); |
| 3. | A licensed administrative agent who fails to file a report on the relocation of his/her office pursuant to Article 14 (3). |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of the Interior and Safety, a Mayor/Do Governor, or the head of the competent Si, etc., as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2013.
Article 2 (Transitional Measures concerning Grounds for Disqualification)
Notwithstanding the amended provisions of subparagraphs 3 through 6 of Article 6, the former provisions shall apply to a licensed administrative agent otherwise disqualified under the aforesaid amended provisions as at the time this Act enters into force on a ground that arose before this Act enters into force. Article 3 (Transitional Measures concerning Exemption from Qualifying Examinations for Licensed Administrative Agents)
Notwithstanding the amended provisions of Article 9, persons who have served as a public official and persons who have provided translation services of a foreign language before this Act is promulgated shall be fully or partially exempted from a qualifying examination for licensed administrative agents under the former provisions. Article 4 (Transitional Measures concerning Reports of Services)
Any person who filed for registration or a report to provide licensed administrative agency services under the former provisions as at the time this Act enters into force shall be deemed to have filed a report of services under this Act.
Article 5 (Transitional Measures concerning Korea Association of Licensed Administrative Agents)
The Korea Association of Licensed Administrative Agents established under the Civil Act pursuant to paragraph 3 of the Addenda to the amended Licensed Administrative Agent Act (Act No. 5984) as at the time this Act enters into force shall be deemed the Association established under this Act. Article 6 (Transitional Measures concerning Penal Provisions)
In the application of penal provisions to any violation committed before this Act enters into force, the former provisions shall prevail.
Article 7 (Relationship to other Acts and Subordinate Statutes)
A citation of any provision of the former Licensed Administrative Agent Act in any other Act or subordinate statute in force as at the time this Act enters into force shall be deemed a citation of the corresponding provision of this Act in lieu of the former provision, if such corresponding provision exists in this Act.
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.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, any amendment of the Acts made under Article 6 of this Addenda, which were promulgated before this Act comes into force, but the enforcement date of which has yet to arrive, shall enter into force on the date the corresponding Act takes effect.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13296, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2016: Provided, That the amended Article 18 (3) and Article 35-2 shall enter into force on the date of its promulgation. Article 2 (Applicability to Partial Exemption from Examination)
The amended Article 9 (3) shall apply, beginning with the first a person impeached or subject to disciplinary measures after this Act enters into force.
ADDENDA <Act No. 13835, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
A person under adult guardianship or a person under limited guardianship referred to in the amended subparagraph 1 of Article 6 shall be read as including a person, upon whom a declaration of incompetence or quasi-incompetence remains effective, pursuant to Article 2 of the Addenda to the partial amendment (Act No. 10429) to the Civil Act.
ADDENDA <Act No. 14287, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation
Article 2 (Applicability to Exemption from Primary Test)
The amended provisions of Article 9 (1) 4 shall begin to apply from those who apply for an examination notified of for the first time after this Act enters into force.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended in accordance with Article 5 of these Addenda, amendments to Acts, which were promulgated before this Act comes into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 6 Omitted.