ENFORCEMENT DECREE OF THE CERTIFIED PUBLIC LABOR ATTORNEY ACT
Presidential Decree No. 11730, Jul. 25, 1985
Amended by Presidential Decree No. 12157, May 15, 1987
Presidential Decree No. 12282, Dec. 1, 1987
Presidential Decree No. 12306, Dec. 9, 1987
Presidential Decree No. 13169, Nov. 29, 1990
Presidential Decree No. 14628, Apr. 15, 1995
Presidential Decree No. 14977, Apr. 12, 1996
Presidential Decree No. 15781, Apr. 27, 1998
Presidential Decree No. 16243, Apr. 9, 1999
Presidential Decree No. 17193, Apr. 9, 2001
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 19367, Mar. 2, 2006
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 19848, Jan. 24, 2007
Presidential Decree No. 20171, Jul. 18, 2007
Presidential Decree No. 20485, Dec. 28, 2007
Presidential Decree No. 20681, Feb. 29, 2008
Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 21928, Dec. 30, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 22501, Nov. 19, 2010
Presidential Decree No. 22516, Dec. 7, 2010
Presidential Decree No. 22716, Mar. 22, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23759, May 1, 2012
Presidential Decree No. 24447, Mar. 23, 2013
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 27108, Apr. 26, 2016
Presidential Decree No. 27299, jun. 30, 2016
Presidential Decree No. 29029, Jul. 3, 2018
Presidential Decree No. 29181, Sep. 18, 2018
Presidential Decree No. 29950, Jul. 2, 2019
The purpose of this Decree is to prescribe matters mandated by the Certified Public Labor Attorney Act and matters necessary for enforcing said Act. <Amended by Presidential Decree No. 20485, Dec. 28, 2007>
| Article 2 (Scope of Labor-Related Statutes) |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Articles 2-2 and 3 Deleted. <by Presidential Decree No. 17193, Apr. 9, 2001> |
| Article 4 (Examination Methods) |
| (1) | In principle, the first-round qualifying examination for certified public labor attorney prescribed in Article 3-2 of the Act (hereinafter referred to as "examination") shall be a multiple-choice question exam, provided that fill-in-the-blanks questions may be included. |
| (2) | In principle, the second-round qualifying examination shall be an essay exam, provided that subjective short-answer questions may be included. |
| (3) | The third-round examination shall be an oral test in which the following matters are evaluated: |
| 1. | Attitude such as a view of state and sense of duty; |
| 2. | Professional knowledge and practical abilities; |
| 3. | Manners, demeanor and sincerity; |
| 4. | Accuracy and coherence in expression of opinions. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 5 (Procedures for Taking Examinations) |
No person who fails in the first-round examination shall apply for the second-round examination; and no person who fails in the second-round examination shall apply for the third-round examination.
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 6 (Examination Subjects, etc.) |
| (1) | The subjects for the first-round and second-round examinations and point allocations by subject are as prescribed in attached Table 2. |
| (2) | English test scores in the first-round examination referred to in paragraph (1) shall be replaced by scores of an English aptitude test prescribed in attached Table 3 (hereinafter in this Article, referred to as "English test"), which is administered after January 1 of the year of the date two years have elapsed, counting backward from announcement date of the examination. <Amended by Presidential Decree No. 29950, Jul. 2, 2019> |
| (3) | Any person who intends to apply for an examination shall submit an English test report card along with a written application. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 7 (Partial Exemption from Examinations) |
| (1) | "Some subjects prescribed by Presidential Decree" in Article 3-3 (1) of the Act means labor law, which is one of the subjects of the second-round examination prescribed in Article 6 (1). |
| (2) | For persons who have at least a total of ten years’ experience in any of the following careers, labor law I and labor law II among the subjects of the first-round examination prescribed in Article 6 (1), shall be exempted pursuant to Article 3-3 (2) of the Act: <Amended by Presidential Decree No. 24447, Mar. 23, 2013> |
| 1. | Experience working as a public official prescribed in Article 7-2; |
| 2. | A public official who has directly engaged in administrative affairs regarding implementing labor-related statutes in attached Table 1 in local governments, or experience working as a seafarer's labor supervisor belonging to the Minister of Maritime Affairs and Fisheries (including the Maritime Affairs and Port Office before August 7, 1996; the Ministry of Oceans and Fisheries before February 28, 2008; and the Ministry of Land, Transport and Maritime Affairs before March 22, 2013); |
| 4. | Experience working as a person taking full charge of labor management for business or at a place of business, which has at least 300 permanent laborers; |
| 5. | Experience working as a person taking full charge of guidance of labor management of member companies at an employers' association recognized by the Minister of Labor and Employment. |
| (3) | Any person who intends to be exempt from part of examinations pursuant to paragraphs (1) and (2) shall apply for exemption of examination, as prescribed by Ordinance of the Ministry of Labor and Employment. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 7-2 (Scope of Public Officials) |
The scope of public officials who have engaged in labor administration prescribed in Article 3-3 (3) of the Act means public officials who have worked for the Ministry of Labor and Employment (including the Labor Administration before April 7, 1981; and the Labor Bureau under the Ministry of Health and Social Affairs before August 31, 1963) and the agencies belonging thereto, the National Labor Relations Commission or regional labor relations commissions. [This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 8 (Examination Committee) |
| (1) | Whenever an examination is administered, the Certified Public Labor Attorney Examination Committee (hereinafter referred to as the "Committee") shall be organized to deliberate on the following matters: |
| 1. | Setting and marking test papers; |
| 2. | Determining successful examinees; |
| 3. | Other matters the Chairperson of the Committee refers to meetings. |
| (2) | The Committee shall be comprised of examination committee members commissioned by the President of the Human Resources Development Service of Korea prescribed by the Human Resources Development Service of Korea Act (hereinafter referred to as the "HRD Korea") and the Minister of Labor and Employment. |
| (3) | The President of the HRD Korea shall become the Chairperson of the Committee. |
| (4) | Examination committee members shall be commissioned from among persons having abundant knowledge and experience related to the duties of certified public labor attorneys, classified into examination committee members for the first, second, and third round examinations, respectively; the number of examination committee members for the first and second round examinations shall be at least three persons for each subject; and at least three persons for the third-round examination. |
| (5) | In addition to the matters provided for in paragraphs (1) through (4), the Chairperson of the Committee shall determine matters necessary for operating the Committee, following resolutions by the Committee. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 9 (Payment of Examination Allowances) |
Allowances may be paid to examination committee members commissioned pursuant to Article 8 (2) and to persons who manage and supervise examinations, within budgetary limits. [This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 10 (Administration and Public Announcement of Examinations) |
| (1) | Examinations shall be administered at least once a year. |
| (2) | The Minister of Labor and Employment shall publish the qualification for application, examination subjects, time, date and place of examination, and procedures for application, and other matters necessary for examinations in daily newspapers by no later than 90 days before the date of examination. <Amended by Presidential Decree No. 23759, May 1, 2012> |
| (3) | The Minister of Labor and Employment may determine and publicly announce the minimum number of successful examinees in the second-round examination through deliberation by the Certified Public Labor Attorney Qualification Deliberative Committee prescribed in Article 3-4 of the Act (hereinafter referred to as the "Deliberative Committee") in consideration of demand-supply situation, etc. of certified public labor attorneys. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 11 (Application Forms and Fees) |
| (1) | Any person who intends to apply to sit an examination shall submit an application form, as prescribed by Ordinance of the Ministry of Labor and Employment. |
| (2) | When an application form is submitted pursuant to paragraph (1), a fees determined by the President of the HRD Korea, within 70,000 won, following approval by the Minister of Labor and Employment as prescribed by Ordinance of the Ministry of Labor and Employment, shall be paid to the HRD Korea in cash or by means of electronic currency, electronic payment, etc. using information and communications networks. <Amended by Presidential Decree No. 22716, Mar. 22, 2011; Presidential Decree No. 27108, Apr. 26, 2016> |
| (3) | Where a person who has paid a fee pursuant to paragraph (2) falls under any of the following cases, the President of the HRD Korea shall refund the entire or part of the fees according to the following categories: <Amended by Presidential Decree No. 27108, Apr. 26, 2016> |
| 1. | Overpayment or erroneous payment: The entire amount overpaid or erroneously paid; |
| 2. | Failure to apply for an examination due to causes attributable to the HRD Korea: The entire amount paid; |
| 3. | Cancelling the application by not later than 20 days before the date of examination: The entire amount paid; |
| 4. | Cancelling the application by not later than ten days before the date of examination: 50/100 of the amount paid. |
| (4) | Procedures, methods, etc. for refunding fees prescribed in paragraph (3) shall be as prescribed in the public notice of examinations prescribed in Article 10 (2). <Newly Inserted by Presidential Decree No. 27108, Apr. 26, 2016> |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 12 (Determination and Public Announcement of Successful Examinees) |
| (1) | Successful examinees in the first-round examination shall be those who scores at least 40 points in each subject excluding English subject and at least 60 points on average of all subjects; and successful examinees in the second-round examination shall be those who scores at least 40 percent of the full grade in each subject and at least 60 percent of the total points of all subjects: Provided, That where the number of persons who scores at least 40 percent of the full grade in each subject and at least 60 percent of the total points of all subjects in the second-round examination is less than the minimum number of successful examinees prescribed in Article 10 (3), additional successful examinees shall be selected in order of highest total points of all subjects among persons who scored at least 40 percent of the full grade in each subject, up to the number of persons falling short of the minimum number of successful examinees. |
| (2) | In determining success or failure pursuant to the proviso to paragraph (1), for persons exempt from part of the second-round examination subjects pursuant to Article 3-3 (1) of the Act, the points obtained by multiplying the sum of points of each subject of a person who scores at least 40 percent of the full grade in each subject by 1.5 shall be considered as the total points of all subjects. |
| (3) | In determining successful examinees pursuant to the proviso to paragraph (1), and paragraph (2), if there are persons who scored the same points in excess of the unfilled quota of minimum number of successful examinees in the second-round examination, all the relevant persons with the same points shall be determined as successful examinees. In such cases, the scores of persons with the same points shall be calculated down to the second decimal place by rounding to two decimal places. |
| (4) | Each rating element of oral examinations in Article 4 (3) shall be graded high (three points), moderate (two points) or low (one point); and successful examinees in the third-round examination shall be those whose average points rated by examination committee members are at least "moderate" (eight points) based on the full grades of total 12 points: Provided, That where a majority of examination committee members rates the same evaluative element as "low", the relevant examinee shall fail. |
| (5) | Where final successful examinees are determined, the Minister of Labor and Employment shall publicly announce such determination by means of making such determination available to all examinees; and shall notify the successful examinees of their success in the examination. |
| (6) | Detailed methods to calculate examination points and other matters necessary to determine success in examinations shall be prescribed by Ordinance of the Ministry of Labor and Employment. <Newly Inserted by Presidential Decree No. 22716, Mar. 22, 2011> |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 13 Deleted. <by Presidential Decree No. 20485, Dec. 28, 2007> |
| Article 14 (Issuance of Certificates of Qualification) |
| (1) | Any person qualified for a certified public labor attorney prescribed in Article 3 of the Act, who intends to obtain a certificate of qualification of certified public labor attorney (hereinafter referred to as "certificate of qualification"), shall submit a request for certificate of qualification to the Minister of Labor and Employment, as prescribed by Ordinance of the Ministry of Labor and Employment. |
| (2) | The Minister of Labor and Employment in receipt of a request for certificate of qualification prescribed in paragraph (1) shall issue a certificate of qualification prescribed by Ordinance of the Ministry of Labor and Employment, to the applicant within five days. |
| (3) | Where a certificate of qualification issued pursuant to paragraph (2) is lost or defaced, a person who intends to have the certificate of qualification re-issued shall submit an application for certificate of qualification to the Minister of Labor and Employment, as prescribed by Ordinance of the Ministry of Labor and Employment. |
| (4) | Where the Minister of Labor and Employment issues or re-issues a certificate of qualification pursuant to paragraph (2) or (3), he/she shall record such fact in the ledger of certificates of qualification issued prescribed by Ordinance of the Ministry of Labor and Employment. |
[This Article Wholly Amended by Presidential Decree No. 27108, Apr. 26, 2016]
| Article 14-2 (Organization of Certified Public Labor Attorney Qualification Deliberative Committee) |
| (1) | The Deliberative Committee shall be comprised of not more than 11 members including one chairperson. |
| (2) | A public official at the highest duty grade, from among public officials in general service of the Senior Executive Service of the Ministry of Labor and Employment who take charge of administrative affairs concerning certified public labor attorneys, shall become the chairperson of the Deliberative Committee; and the following persons shall become members thereof: |
| 1. | A public official in third grade, or member in general service of the Senior Executive Service of the Ministry of Labor and Employment, nominated by the Minister of Labor and Employment; |
| 2. | Any of the following persons, commissioned by the Minister of Labor and Employment: |
| (a) | A person who holds or held office as an associate professor, or in higher positions, of labor economy, labor law and/or other areas related thereto, at a school prescribed in Article 2 of the Higher Education Act; |
| (c) | A person recommended by a nationwide employers' organization; |
| (e) | A person having abundant knowledge and experience in labor-related statutes, recommended by the Korea Certified Public Labor Attorneys Association prescribed in Article 24 of the Act (hereinafter referred to as the "KCPLAA"); |
| (f) | Other persons with abundant knowledge and experience in labor-related statutes. |
| (3) | The term of office of the members commissioned by the Minister of Labor and Employment shall be three years. |
| (4) | Where a member prescribed in paragraph (2) 2 falls in any of the following cases, the Minister of Labor and Employment may dismiss the relevant member: <Newly Inserted by Presidential Decree No. 27108, Apr. 26, 2016> |
| 1. | Where the member becomes unable to conduct his/her duties due to mental or physical disorder; |
| 2. | Where the member commits a misdeed in connection with his/her duties; |
| 3. | Where the member is found unsuitable to serve as a member due to his/her neglecting duties, losing dignity and other grounds; |
| 4. | Where the member expresses difficulties in conducting his/her duties. |
| (5) | The Deliberative Committee shall have one secretary to handle the administrative affairs of the Deliberative Committee; and the Chairperson of the Deliberative Committee shall nominate the secretary from among public officials of the Ministry of Labor and Employment. <Amended by Presidential Decree No. 27108, Apr. 26, 2016> |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 14-3 (Deliberative Committee Meetings) |
| (1) | Deliberative Committee meetings shall pass resolutions in the presence of a majority of members registered and by the vote of a majority of members present. |
| (2) | The Chairperson shall determine matters necessary for operating the Deliberative Committee and others following the resolutions by the Deliberative Committee other than those provided for in this Decree. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 14-4 (Allowances, etc. of Committee Members) |
Allowances may be paid and travel expenses reimbursed to committee members who attend Deliberative Committee meetings within budgetary limits: Provided, That the same shall not apply where a committee member who is a public official attends a Deliberative Committee meeting in direct connection with his/her duties.
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 15 (Procedures for Registering Commencement of Duties) |
| (1) | Any person who intends to file for registration of commencement of duties pursuant to Article 5 (1) of the Act shall submit an application for registering commencement of duties to the Minister of Labor and Employment, as prescribed by Ordinance of the Ministry of Labor and Employment. |
| (2) | The Minister of Labor and Employment in receipt of an application for registration prescribed in paragraph (1), shall enter the following matters in the register of commencement of duties of certified public labor attorneys and issue a certificate of registration to the applicant: |
| 1. | Address, name and resident registration number of the certified public labor attorney; |
| 2. | Name and location of the office; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Labor and Employment. |
| (3) | Where a certified public labor attorney changes any registered matter prescribed in paragraph (2) or suspends his/her business, he/she shall promptly notify the Minister of Labor and Employment thereof. |
| (4) | Where a certified public labor attorney has lost a certificate of registration issued pursuant to paragraph (2) or such certificate is defaced, or any change to registered matters is notified under paragraph (3), he/she shall be reissued a certificate of registration, as prescribed by Ordinance of the Ministry of Labor and Employment. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 16 (Training and Education) |
| (1) | The period of training and education of certified public labor attorneys, which is prescribed in Article 5-2 (1) of the Act, shall be between six months and one year: Provided, That the period of training and education shall be between three months and six months from January 1, 2017 to December 31, 2018. <Amended by Presidential Decree No. 27299, Jun. 30, 2016> |
| (2) | Training and education prescribed in paragraph (1) shall be administered by organizations, institutions or universities prescribed by Ordinance of the Ministry of Labor and Employment (hereinafter referred to as "training and educational institution") among institutions complying with the standards for designated educational institutions prescribed in Article 18. |
| (3) | Training and education shall be comprised of job training and practical training, as prescribed by Ordinance of the Ministry of Labor and Employment. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 17 (Refresher Training) |
| (1) | Refresher training prescribed in Article 5-2 (2) of the Act shall be comprised of education on the duties of certified public labor attorneys (hereinafter referred to as "professional education") and education on vocational ethics (hereinafter referred to as "ethics education"). <Amended by Presidential Decree No. 27108, Apr. 26, 2016> |
| (2) | "Hours prescribed by Presidential Decree" in the main sentence of Article 5-2 (2) of the Act means eight hours. <Amended by Presidential Decree No. 27108, Apr. 26, 2016> |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 18 (Standards, etc. for Designated Educational Institutions) |
| 1. | To be equipped with lecture rooms which can accommodate at least 30 persons; |
| 2. | To be recognized as having educational capabilities, having at least two persons with professional knowledge and experience in the area of employment and labor. |
| (2) | The Minister of Labor and Employment shall determine matters necessary for applying for designation of designated educational institutions, procedures for designating such institutions, and other matters. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 19 Deleted. <by Presidential Decree No. 27108, Apr. 26, 2016> |
| Article 19-2 (Applying for Authorization for Incorporating Labor Law Firms) |
| (1) | Any person who intends to obtain authorization for incorporating a labor law firm prescribed in the former part of Article 7-4 (1) of the Act shall submit an application form for authorization for incorporating labor law firm, along with the following documents, to the Minister of Labor and Employment, as prescribed by Ordinance of the Ministry of Labor and Employment: |
| 1. | Articles of incorporation; |
| 2. | Business plans and budgetary statements; |
| 3. | Other documents prescribed by the Minister of Labor and Employment. |
| (2) | Where the Minister of Labor and Employment grants authorization for incorporating a labor law firm prescribed in the former part of Article 7-4 (1) of the Act, he/she shall enter the following matters in the ledger of authorization for labor law firms; and shall issue to the applicant a certificate of authorization for incorporating a labor law firm: |
| 1. | Authorization number and year/month/date of authorization; |
| 2. | Name of the labor law firm; |
| 3. | Locations of the principal office and branch offices; |
| 4. | Names and addresses of partners; |
| 5. | Other matters the Minister of Labor and Employment deems necessary. |
| (3) | Where the Minister of Labor and Employment issues to the applicant a certificate of authorization for incorporating a labor law firm pursuant to paragraph (2), he/she shall notify the KCPLAA of such fact. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 19-3 (Applying for Authorization for Amending Articles of Incorporation of Labor Law Firms) |
| (1) | Any person who intends to obtain authorization for amending the articles of incorporation of a labor law firm pursuant to the latter part of Article 7-4 (1) of the Act shall submit an application for authorization for amending the articles of incorporation to the Minister of Labor and Employment, along with the following documents, as prescribed by Ordinance of the Ministry of Labor and Employment: |
| 1. | A letter explaining grounds for amending the articles of incorporation; |
| 2. | A proposal for amending the articles of incorporation; |
| 3. | A copy of minutes of a general meeting of partners of the labor law firm passing a resolution to amend the articles of incorporation. |
| (2) | Where the Minister of Labor and Employment grants authorization for amending the articles of incorporation of a labor law firm prescribed in paragraph (1), he/she shall enter the intention thereof in the ledger of authorization for labor law firms; and shall issue a certificate of authorization for amending the articles of incorporation of a labor law firm to the applicant. |
| (3) | Article 19-2 (3) shall apply mutatis mutandis to authorization for amending articles of incorporation of labor law firms. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 19-4 (Matters to be Stated in Articles of Incorporation) |
| 1. | Matters concerning partners representing the labor law firm; |
| 2. | Matters concerning limits on the rights and obligations of partners executing the business of the labor law firm; |
| 3. | Matters concerning general meetings of partners. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 19-5 (Registration to Incorporate Labor Law Firms) |
| (1) | The registration to incorporate a labor law firm prescribed in Article 7-4 (3) of the Act shall be filed at the location of the principal office of the relevant labor law firm within 14 days from the date of receiving a certificate of authorization for incorporation under Article 19-2 (2). |
| (2) | Registration prescribed in paragraph (1) shall include the following matters: |
| 3. | Names and addresses of partners; |
| 4. | Locations of the principal office and branch offices; |
| 5. | Type of contributions of partners; and if property is contributed, the price and parts thereof performed; |
| 6. | Period of existence; and if grounds for dissolution are decided, the period or grounds therefor; |
| 7. | If a partner to represent the labor law firm is selected, his/her name. |
| (3) | An application to register to incorporate a labor law firm shall be jointly filed by all partners; and such application shall be accompanied by the following documents: |
| 1. | Articles of incorporation; |
| 2. | Certificate of authorization for incorporating a labor law firm; |
| 3. | Documents evidencing the parts performed in connection with contribution of property. |
| (4) | Regarding the details of the registration for incorporation prescribed in paragraph (1), the Minister of Labor and Employment shall verify certificates of registered matters of corporations through the joint use of administrative information prescribed in Article 36 (1) of the Electronic Government Act. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 19-6 (Registration for Establishment, etc. of Branch Offices) |
| (1) | Articles 181 through 183 of the Commercial Act shall apply mutatis mutandis to registering to establish branch offices, registering relocation of principal offices and branch offices, and registering changed matters falling under any of the subparagraphs of Article 19-5 (2) of labor law firms, provided that if any matter is subject to authorization from the Minister of Labor and Employment, the registration period shall be counted from the date of receiving the relevant certificate of authorization. |
| (2) | When counting the period of registration from the date of receiving the relevant certificate of authorization due to matters subject to authorization by the Minister of Labor and Employment pursuant to paragraph (1), the relevant certificate of authorization shall be attached to an application for registration. |
| (3) | Regarding the details of registration prescribed in paragraph (1), the Minister of Labor and Employment shall verify certificates of registered matters of corporations through the joint use of administrative information prescribed in Article 36 (1) of the Electronic Government Act. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 19-7 (Provisions Applying Mutatis Mutandis) |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 19-8 Deleted. <by Presidential Decree No. 22501, Nov. 19, 2010> |
| Article 19-9 Deleted. <by Presidential Decree No. 16243, Apr. 9, 1999> |
| Article 20 Deleted. <by Presidential Decree No. 20485, Dec. 28, 2007> |
| Article 20-2 (Purchase of Surety Insurance Policies) |
| (1) | Every labor law firm shall purchase a surety insurance policy covering at least 100 million won within 15 days after obtaining authorization for incorporating the labor law firm, and every practicing labor attorney shall purchase a surety insurance policy covering at least 20 million won per practicing labor attorney within 15 days after filing a report on establishing the offices or joint offices, respectively, and submit the relevant evidential documents to the KCPLAA. |
| (2) | Where the guarantee period expires after a labor law firm or a practicing labor attorney purchases a surety insurance policy, it/he/she shall re-purchase a surety insurance policy by the expiration date of the guarantee period, and shall submit the relevant evidential documents to the KCPLAA. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 20-3 (Payment, etc. of Surety Insurance Money) |
| (1) | Where a client intends to receive surety insurance money as compensation, he/she shall submit an application prescribed by Ordinance of the Ministry of Labor and Employment to the KCPLAA along with an agreement for compensation and compromise protocol between the relevant client and a labor law firm or practicing labor attorney; copy of final and conclusive court judgement, and other documents having effect equivalent thereto. In such cases, the KCPLAA shall promptly issue a letter confirming the grounds for paying surety insurance money prescribed by Ordinance of the Ministry of Labor and Employment. |
| (2) | Where compensation is made with surety insurance money, the labor law firm or practicing labor attorneys shall purchase a new surety insurance policy within 15 days. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 20-4 Deleted. <by Presidential Decree No. 22501, Nov. 19, 2010> |
| Article 20-5 (Organization of Disciplinary Committee) |
| (1) | The Certified Public Labor Attorney Disciplinary Committee prescribed in Article 20-2 (2) of the Act (hereinafter referred to as the "Disciplinary Committee") shall be comprised of seven members including one chairperson. |
| (2) | A public official in general service of the Senior Executive Service of the Ministry of Labor and Employment, nominated by the Minister of Labor and Employment, shall become the chairperson of the Disciplinary Committee (hereinafter referred to as the "chairperson of the Disciplinary Committee") and the following persons shall become members thereof: |
| 1. | One public official in third grade or in general service of the Senior Executive Service of the Ministry of Government Legislation and the National Labor Relations Commission, nominated by the heads of the relevant agencies, respectively; |
| 2. | Two public officials in third grade or in general service of the Senior Executive Service of the Ministry of Labor and Employment, nominated by the Minister of Labor and Employment; |
| 3. | One person qualified as an attorney-at-law, nominated by the Minister of Justice; |
| 4. | One certified public labor attorney recommended by the head of the KCPLAA and nominated by the Minister of Labor and Employment. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 20-6 (Chairperson of Disciplinary Committee) |
| (1) | The chairperson of the Disciplinary Committee shall represent the Disciplinary Committee, administer overall administrative affairs of the Disciplinary Committee, convene Disciplinary Committee meetings, and preside over such meetings. |
| (2) | Where the chairperson of the Disciplinary Committee is unable to conduct his/her duties due to unavoidable causes, the member pre-nominated by the chairperson of the Disciplinary Committee shall act on his/her behalf. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 20-7 (Requests for Resolutions on Disciplinary Action) |
| (1) | Where the Minister of Labor and Employment suspects that a certified public labor attorney falls under any of the subparagraphs of Article 20 (1) of the Act, he/she shall request the Disciplinary Committee to pass a resolution on disciplinary action against such attorney, with evidential documents. |
| (2) | The Disciplinary Committee in receipt of a request prescribed in paragraph (1) shall promptly notify the person accused to be disciplined of the details thereof. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 20-8 (Deadline for Resolutions on Disciplinary Action) |
The Disciplinary Committee shall pass a resolution on disciplinary action within 30 days from the date it is requested to pass a resolution on disciplinary action: Provided, That where it is impracticable to pass a resolution within the period due to unavoidable causes, the period may be extended by up to 30 days.
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 20-9 (Resolutions by Disciplinary Committee) |
Meetings of the Disciplinary Committee shall pass resolutions with a majority of registered members present and by the votes of a majority of members present.
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 20-10 (Disqualification and Challenge) |
| (1) | None of the Disciplinary Committee members who are relatives of a person accused to be disciplined or are involved in the grounds for such disciplinary action shall participate in deliberations and resolutions on the disciplinary action case. |
| (2) | Where any of Disciplinary Committee members is suspected on substantial grounds to pass an unfair resolutions, the person accused to be disciplined may request challenge against such member by clarifying the grounds therefor in writing. |
| (3) | Where a request for challenge is filed under paragraph (2), challenging relevant member shall be determined by a resolution of the Disciplinary Committee. In such cases, the member who becomes subject to the request for challenge shall abstain from passing the resolution. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 20-11 (Notification, etc. of Resolutions on Disciplinary Action) |
Where the Disciplinary Committee passes a resolution to take disciplinary action against the person accused to be disciplined, it shall promptly notify the Minister of Labor and Employment thereof, specifying the grounds thereof.
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
The by-laws of the KCPLAA shall include the following matters:
| 2. | The name and location of its office; |
| 3. | Matters concerning executive officers, such as chairperson, vice-chairperson, directors and auditors; |
| 4. | Matters concerning organizing and operating general meetings; |
| 5. | Matters concerning organizing and operating delegate general meetings of comprised of delegates elected from among the members; |
| 6. | Matters concerning reporting on the results of general meetings prescribed in subparagraph 4 and delegate general meetings prescribed in subparagraph 5 to the Minister of Labor and Employment; |
| 7. | Matters concerning the admission and withdrawal of and disciplinary action against members; |
| 8. | Matters concerning educating certified public labor attorneys; |
| 9. | Matters concerning maintaining dignity and promoting welfare of members; |
| 10. | Matters concerning business plans, allocation of membership fees, budgets and accounting; |
| 11. | Matters concerning establishing and operating the KCPLAA and its branches; |
| 12. | Matters concerning amending the by-laws. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 22 (Business Plans and Budgets) |
The KCPLAA shall prepare a business plan and budgetary proposal each business year; and shall finalize and conclude them, following resolutions passed by a general meeting.
[This Article Newly Inserted by Presidential Decree No. 20485, Dec. 28, 2007]
| Articles 23 through 25 Deleted. <by Presidential Decree No. 16243, Apr. 9, 1999> |
| Article 26 (Entrustment of Duties) |
| (1) | The Minister of Labor and Employment shall entrust the following duties to the KCPLAA pursuant to Article 26 (1) of the Act: <Amended by Presidential Decree No. 27108, Apr. 26, 2016> |
| 4. | Receiving applications for issuing or re-issuing certificates of qualification, delivering certificates of qualification, and recording in the ledger of certificates of qualification issued pursuant to Article 14. |
| (2) | The Minister of Labor and Employment shall entrust the following matters concerning management of examinations to the HRD Korea pursuant to Article 26 (2) of the Act: |
| 1. | Accepting applications for partial exemption from examinations pursuant to Article 7 (3); |
| 2. | Commissioning examination committee members pursuant to Article 8 (2); |
| 3. | Paying examination allowances pursuant to Article 9; |
| 4. | Administering and publicly announcing examinations pursuant to Article 10; |
| 5. | Determining and publicly announcing, and notifying successful examinees pursuant to Article 12. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 27 (Imposing Administrative Fines) |
| (2) | The Minister of Labor and Employment may reduce the amounts of administrative fines prescribed in attached Table 4, by up to 1/2 of such amounts in consideration of the number of times of violations, severity of the offences, etc. |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 28 (Entrustment of Authority) |
The Minister of Labor and Employment shall delegate the following authority to the heads of regional employment and labor government offices pursuant to Article 31 of the Act: <Amended by Presidential Decree No. 22716, Mar. 22, 2011> | 1. | Granting authorization for incorporating labor law firms or for amending the articles of incorporation under the former part of Article 7-4 (1) of the Act; |
| 3. | Issuing orders for cancelling authorization for incorporation and for suspending business of labor law firms under Article 7-6 of the Act; |
| 4. | Issuing orders for submitting reports and materials; and accessing a business office and inspecting books and other documents under Article 18 of the Act; |
[This Article Wholly Amended by Presidential Decree No. 22501, Nov. 19, 2010]
| Article 29 (Processing Sensitive Information and Personally Identifiable Information) |
| 1. | Administrative affairs regarding qualifying examinations for certified public labor attorneys prescribed in Article 3-2 of the Act; |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 30 Deleted. <by Presidential Decree No. 27108, Apr. 26, 2016> |
ADDENDUM
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Certified Public Labor Attorney Qualification Examinations) Notwithstanding Article 10 (1), qualifying examinations for certified public labor attorneys may not be administered in 1985. |
ADDENDA <Presidential Decree No. 12157, May 15, 1987>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 12282, Dec. 1, 1987>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures Following Change of Methods to Determine Successful Examinees in First-Round Examination) Any person who has passed the first-round qualifying examination for certified public labor attorneys pursuant to the former provisions before this Decree enters into force, shall be deemed to have passed it pursuant to this Decree; and until the second-round qualifying examination for certified public labor attorneys is administered three times, "number of successful examinees in the three second-round examinations administered recently" in the amended provisions of Article 12 (1) shall be construed as "number of successful examinees in the second-round examination administered before the relevant examination." |
| (3) | (Transitional Measures Following Change of Standards for Permission) Notwithstanding the amended provisions of Article 16, the application of standards for permitting the commencement of duties to persons who have passed a qualifying examination for certified public labor attorneys administered before this Decree enters into force and have career experience in any of the subparagraphs of Article 7, shall be governed by the former provisions. |
ADDENDA <Presidential Decree No. 12306, Dec. 9, 1987>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 13169, Nov. 29, 1990>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Examinations)
The amended provisions of Article 7 (2) and attached Table 2 shall apply, beginning from the first examination administered after January 1, 1992. Article 3 (Transitional Measures concerning Practical Training)
| (1) | Persons who have completed practical education after the Act enters into force, as prescribed by Ordinance of the Ministry of Labor under the previous provisions before this Decree enters into force, shall be deemed to have completed job training among practical training prescribed in Article 16, and the training period at the office shall not exceed six months. |
| (2) | Persons falling under paragraph (3) of the Addenda to Presidential Decree No. 12282 as at the time this Decree enters into force shall be deemed to have completed practical training prescribed in Article 16. |
ADDENDA <Presidential Decree No. 14628, Apr. 15, 1995>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 1995.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 14977, Apr. 12, 1996>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2-2 and 20-4 shall enter into force on June 7, 1996; and the amended provisions of Articles 10 (1), 20-2 and 20-3 on January 1, 1997. |
| (2) | (Applicability) Notwithstanding the amended provisions of Article 20-2 (1), any labor law firm which has obtained authorization for incorporation or any practicing labor attorney who has reported the establishment of offices before December 31, 1996 shall purchase a surety insurance policy by January 15, 1997, and shall report it to the head of the competent regional labor government office. |
ADDENDUM <Presidential Decree No. 15781, Apr. 27, 1998>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 19-9 shall enter into force on December 25, 1998.
ADDENDUM <Presidential Decree No. 16243, Apr. 9, 1999>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Requests for Registration, etc.) Any person who has submitted an application for registering commencement of duties, a report on registration for change, an application for authorization for incorporating labor law firms, and an application for authorization for amending the articles of incorporation of labor law firms to the KCPLAA pursuant to the former provisions as at the time this Decree enters into force shall be deemed to have submitted it to the Minister of Labor pursuant to this Decree. In such cases, the KCPLAA shall promptly forward them to the Minister of Labor. |
ADDENDUM <Presidential Decree No. 17193, Apr. 9, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Training Necessary for Acquiring Certified Public Labor Attorney Qualification) "Training prescribed by Presidential Decree" in paragraph 3 of the Addenda to the Certified Public Labor Attorney (Act No. 6333) means education for at least 60 hours administered by institutions designated by the Minister of Labor. In such cases, the Minister of Labor shall determine matters necessary for the education, such as educational curricular and methods, and educational institutions. |
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19367, Mar. 2, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 19848, Jan. 24, 2007>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 28 shall enter into force on July 1, 2007.
ADDENDA <Presidential Decree No. 20171, Jul. 18, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20485, Dec. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2008: Provided, That the amended provisions of Articles 14-2 (2) 2 (e), 21 (1) and 22 shall enter into force on February 4, 2008 and the amended provisions of Article 19-7, to which Articles 12 and 18 (2) and (4) of the Commercial Registration Act apply mutatis mutandis, shall enter into force on April 1, 2008; and the amended provisions of Articles 6, 7 (1) and 12 (1) (limited only to parts concerning the English subject), and attached Tables 2 and 3 shall enter into force on January 1, 2010. Article 2 (Applicability)
The amended provisions of Articles 10 (2) and (3) and 12 (1) (excluding the parts concerning the English subject), (2) and (3) shall begin to apply from the first qualifying examination for certified public labor attorneys administered after January 1, 2008. Article 3 (Transitional Measures concerning Calculation of Total Points Following Introduction of System of Minimum Number of Successful Examinees)
Where determining successful examinees in a qualifying examination for certified public labor attorneys administered during the period from January 1, 2008 to December 31, 2009 to fulfill the shortfall of the minimum number of successful examinees, the points gained by multiplying the sum of points of each subject of a person who scores at least 40 percent of points in each subject by two shall be deemed the total points in all subjects of persons exempt from some subjects of the second-round examination, notwithstanding the amended provisions of Article 12 (2).
ADDENDA <Presidential Decree No. 20681, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
Article 2 (Transitional Measures Following Amendment to the Decree on Disciplinary Action against Public Officials)
| (1) | Central Disciplinary Committee I and Central Disciplinary Committee II prescribed by the Decree on Disciplinary Action against Public Officials before its amendment as at the time this Decree enters into force shall be deemed the Central Disciplinary Committee prescribed by this Decree. |
| (2) | A request for resolutions on disciplinary action received at Central Disciplinary Committee I and Centurial Disciplinary Committee II pursuant to the Decree on Disciplinary Action against Public Officials before its amendment as at the time this Decree enters into force, shall be deemed to be received at the Central Disciplinary Committee pursuant to this Decree. |
| (3) | Any resolution passed by Central Disciplinary Committee I and Central Disciplinary Committee II pursuant to the Decree on Disciplinary Action against Public Officials before its amendment as at the time this Decree enters into force shall be deemed a resolution passed by the Central Disciplinary Committee pursuant to this Decree. |
| (4) | Members of Central Disciplinary Committee II prescribed by the Decree on Disciplinary Action against Public Officials before its amendment as at the time this Decree enters into force shall be deemed to be appointed or commissioned as members of the Central Disciplinary Committee by this Decree. |
Article 3 (Transitional Measures Following Amendment to Enforcement Decree of the Framework Act on Logistics Policies)
Matters implemented by the Minister of Land, Transport and Maritime Affairs through deliberation and resolution by the Certified Professional Logistician Examination Committee pursuant to the Enforcement Decree of the Framework Act on Logistics Policies before its amendment as at the time this Decree enters into force, shall be deemed implemented by the Minister of Land, Transport and Maritime Affairs pursuant to this Decree. Article 4 Omitted.
ADDENDA <Presidential Decree No. 21928, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22501, Nov. 19, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 26, 2010: Provided, That the amended provisions of Article 17 shall enter into force on January 1, 2011. Article 2 (Transitional Measures concerning Subscription to Surety Insurance)
Any surety insurance policy purchased and reported to the head of the regional employment and labor government office pursuant to the former provisions before this Decree enters into force shall be deemed submitted to the KCPLAA pursuant to this Decree.
Article 3 (Transitional Measures concerning Administrative Fines)
| (1) | Notwithstanding the amended provisions of attached Table 4, the application of standards for imposing administrative fines for offenses committed before this Decree enters into force shall be governed by the former provisions. |
| (2) | Dispositions of imposing administrative fines for offenses committed before this Decree enters into force shall not be counted in the number of offenses committed, under the amended provisions of attached Table 4. |
ADDENDA <Presidential Decree No. 22516, Dec. 7, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 9, 2010.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 22716, Mar. 22, 2011>
This Decree shall enter into force on April 1, 2011.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Public Announcement of Examinations)
Matters regarding changing deadlines for publishing examinations, etc. in this Decree shall begin to apply from examinations administered after January 1, 2013.
ADDENDA <Presidential Decree No. 24447, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 27108, Apr. 26, 2016>
This Decree shall enter into force on April 28, 2016.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 29029, Jul. 3, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29181, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 25 Omitted.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)