CERTIFIED PUBLIC LABOR ATTORNEY ACT
Act No. 3771, Dec. 31, 1984
Amended by Act No. 4234, Apr. 7, 1990
Act No. 5018, Dec. 6, 1995
Act No. 5477, Dec. 24, 1997
Act No. 5815, Feb. 5, 1999
Act No. 5887, Feb. 8, 1999
Act No. 6333, Dec. 30, 2000
Act No. 7046, Dec. 31, 2003
Act No. 7428, Mar. 31, 2005
Act No. 7796, Dec. 29, 2005
Act No. 8473, May 17, 2007
Act No. 8615, Aug. 3, 2007
Act No. 8780, Dec. 21, 2007
Act No. 9255, Dec. 26, 2008
Act No. 10321, May 25, 2010
Act No. 10339, jun. 4, 2010
Act No. 12624, May 20, 2014
Act No. 13898, Jan. 27, 2016
Act No. 15847, Oct. 16, 2018
Act No. 16895, Jan. 29, 2020
Act No. 18923, jun. 10, 2022
The purpose of this Act is to seek to ensure smooth operation of the affairs related to labor and social insurance and autonomous labor management in business or workplace through establishment of a certified public labor attorney system, thus improving the welfare of workers and contributing to the sound development of enterprises. <Amended on Jan. 29, 2020>
[This Article Wholly Amended on Aug. 3, 2007]
| Article 2 (Scope of Duties) |
| (1) | Any certified public labor attorney shall perform the following duties: <Amended on Jan. 29, 2020> |
| 1. | Representation or agency of notification, application, report, statement, claim (including filing an objection, inspection claim, or adjudication claim) and remedy against infringement of rights, etc. made to the authorities under labor-related statutes and regulations; |
| 2. | Preparation and confirmation of documents under labor-related statutes and regulations; |
| 3. | Consultation and guidance regarding labor-related statutes and regulations and labor management; |
| 4. | Labor management diagnosis on the business or workplace to which the Labor Standards Act is applicable; |
| 6. | Representation or agency of notification, application, report, statement, claim (including filing an objection, inspection claim, or adjudication claim) and remedy against infringement of rights, etc. made to the relevant institutions under the statutes and regulations related to social insurance. |
| (2) | "Labor management diagnosis" prescribed in paragraph (1) 4 means a series of actions to analyze and diagnose the matters relating to personnel affairs, labor management, labor-management relations, etc. of a business or workplace and provide reasonable improvement measures to the business or workplace, at the request of one or both of the parties to labor-management relations. |
| (3) | The scope of labor-related statutes and regulations referred to in paragraph (1) 1 through 3, matters necessary for conducting a labor management diagnosis under subparagraph 4 of that paragraph, and the scope of statutes and regulations related to social insurance referred to in subparagraph 6 of that paragraph shall be prescribed by Presidential Decree. <Amended on Jan. 29, 2020> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 3 (Qualification) |
Any person who has passed the qualifying examination for certified public labor attorneys under Article 3-2 shall be qualified as a certified public labor attorney. [This Article Wholly Amended on Aug. 3, 2007]
| Article 3-2 (Qualifying Examination for Certified Public Labor Attorneys) |
| (1) | The qualifying examination for certified public labor attorneys shall be administered by the Minister of Employment and Labor, and the first, second, and third rounds of examinations shall be administered separately. <Amended on Jun. 4, 2010> |
| (2) | No person falling under the grounds for disqualification referred to in Article 4 based on the date on which the names of those who have passed the qualifying examination for certified public labor attorneys are announced shall apply for the qualifying examination for certified public labor attorneys. <Newly Inserted on May 25, 2010> |
| (3) | The Minister of Employment and Labor shall cancel his or her decision to pass those who have applied for the qualifying examination for certified public labor attorneys where such application is made by those disqualified to apply for the qualifying examination for certified public labor attorneys pursuant to paragraph (2). <Newly Inserted on May 25, 2010; Jun. 4, 2010> |
| (4) | Qualifications of applicants to take the qualifying examination for certified public labor attorneys, subject areas and methods of examinations referred to in paragraph (1), delivery of qualification certificate, and other matters necessary for the examination shall be prescribed by Presidential Decree. <Amended on May 25, 2010> |
| (5) | Any person who wants to take the qualifying examination for certified public labor attorneys shall pay such fees as prescribed by Presidential Decree, up to an amount not exceeding the actual expenses of the exam. In such cases, matters necessary for fee payment methods and refund of such fees shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 27, 2016> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 3-3 (Partial Exemption from Examination) |
| (1) | Any of the following persons shall be exempt from the first round of the qualifying examination for certified public labor attorneys in all subject areas, and from the second round of examination in subject areas prescribed by Presidential Decree not exceeding 1/2 of the total number of subject areas for the second examination: |
| 1. | Any person who has served as a public official of Grade V or higher or a public official in general service belonging to the Senior Executive Service for at least five years from among those who have careers in the field of labor administration for at least 10 years; |
| 2. | Any person who has served as a public official of Grade VI or higher or a public official in general service belonging to the Senior Executive Service for at least eight years from among those who have careers in the field of labor administration for at least 15 years. |
| (2) | Any person who has careers in the field of such labor-related affairs prescribed by Presidential Decree for at least ten years shall be exempt from the first round of examination in some of the subject areas, as prescribed by Presidential Decree. |
| (3) | The scope of public officials having careers in the field of labor administration prescribed in any subparagraph of paragraph (1) shall be prescribed by Presidential Decree. |
| (4) | Any person who has passed the first round of examination shall be exempt from the next first-round examination only once, and any person who has passed the second round of examination from the next first and second-round examinations only once. |
| (5) | Paragraphs (1) and (2) shall not apply to any of the following persons: <Newly Inserted on Jan. 29, 2020> |
| 1. | A person who has been removed or dismissed from office by impeachment or disciplinary actions; |
| 2. | A person who has been subject to a disciplinary action equivalent to demotion or suspension from office for receiving money, valuables, or entertainment. |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 3-4 (Committee on Deliberation on Qualifications of and Disciplinary Action against Certified Public Labor Attorneys) |
| (1) | A Committee on Deliberation on Qualifications of and Disciplinary Action against Certified Public Labor Attorneys (hereinafter referred to as the “Committee on Qualification Deliberation and Disciplinary Action”) shall be established within the Ministry of Employment and Labor to deliberate and decide on the following: |
| 1. | The following matters relating to acquiring qualifications as certified public labor attorney: |
| (a) | Determination of the number of persons to be selected for taking the qualifying examination; |
| (b) | Requirements for persons to be partially exempted from the qualifying examination; |
| (c) | Matters relating to the subjects of the qualifying examination; |
| (d) | Application fees for taking the qualifying examination; |
| (e) | Other matters relating to acquiring qualifications as certified public labor attorney, which the chairperson brings before the Committee as he or she deems necessary; |
| 2. | Matters relating to disciplinary action against certified public labor attorneys. |
| (2) | The Committee on Qualification Deliberation and Disciplinary Action shall be comprised of up to 15 members including one chairperson. |
| (3) | The chairperson of the Committee on Qualification Deliberation and Disciplinary Action shall be nominated by the Minister of Employment and Labor from among public officials in general service who are the members of the Senior Executive Service of the Ministry of Employment and Labor, in charge of affairs related to certified public labor attorneys. |
| (4) | Members of the Committee on Qualification Deliberation and Disciplinary Action shall consist of the following persons: |
| 1. | Public officials of Grade III or public officials in general service who are the members of the Senior Executive Service of the Ministry of Employment and Labor, nominated by the Minister of Employment and Labor; |
| 2. | Public officials of Grade III or public officials in general service who are the members of the Senior Executive Services of the Ministry of Government Legislation and the National Labor Relations Commission, nominated by the Minister and the chairperson thereof, respectively; |
| 3. | Persons qualified as attorney-at-law, nominated by the Minister of Justice; |
| 4. | Certified public labor attorneys nominated by the Minister of Employment and Labor upon recommendation by the head of the Certified Public Labor Attorneys Association under Article 24; |
| 5. | Persons commissioned by the Minister of Labor, from among the following: |
| (a) | Persons who hold or held a position of associate professor or above, in the field of labor economy, labor law, or other fields related thereto, at a school defined in Article 2 of the Higher Education Act; |
| (c) | Persons recommended by a nation-wide association of employers; |
| (e) | Persons with extensive knowledge of and experience in the field of labor-related statutes and regulations. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the organization and operation of the Committee on Qualification Deliberation and Disciplinary Action shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 10, 2022]
| Article 3-5 (Measures against Those Who Have Cheated in Examination) |
The Minister of Employment and Labor shall suspend or nullify the examination with respect to the applicants who have cheated in the qualifying examinations for certified public labor attorneys or cancel the decision to pass such applicants and suspend their eligibility to take the examination for five years from the date when the examination is suspended or nullified or the decision to pass such applicants is canceled. <Amended on Jun. 4, 2010>
[This Article Newly Inserted on Aug. 3, 2007]
| Article 4 (Grounds for Disqualification) |
None of the following persons shall become a certified public labor attorney: <Amended on Jan. 27, 2016; Jan. 29, 2020; Jun. 10, 2022>
| 2. | A person under adult guardianship or limited guardianship; |
| 3. | A person declared bankrupt and not yet reinstated; |
| 4. | A person who is a public official dismissed by disciplinary action and for whom three years have not elapsed since the dismissal; |
| 5. | A person who was sentenced to imprisonment without labor or heavier punishment declared by a court and for whom three years have not elapsed since the execution of the sentence was completed (including cases such execution is deemed completed) or remitted; |
| 6. | A person who was sentenced to the suspension of the execution of imprisonment without labor or heavier punishment and for whom one year has not elapsed from the date the suspension of execution was completed; |
| 7. | A person who is under suspension of the sentence of imprisonment without labor or heavier punishment; |
| 8. | A person whose registration is revoked permanently pursuant to Article 20. |
[This Article Wholly Amended on Aug. 3, 2007]
| (1) | Where a person qualified as a certified public labor attorney intends to commence duties specified in Article 2, he or she shall file for registration with the Korea Certified Public Labor Attorneys Association (hereinafter referred to as the "KCPLAA") as prescribed by Presidential Decree. <Amended on Jun. 4, 2010; Jan. 29, 2020> |
| (2) | If any of the following persons files for registration pursuant to paragraph (1), the KCPLAA shall refuse such registration: <Amended on Jun. 4, 2010; Jan. 29, 2020; Jun. 10, 2022> |
| 1. | A person to whom the grounds for disqualification specified in Article 4 is applicable; |
| 2. | A person who fails to receive training and education referred to in Article 5-2 (1); |
| 3. | A person in whose case three years have not passed since his or her registration was revoked (excluding cases where such registration was revoked due to the ground for disqualification specified in subparagraph 2 or 3 of Article 4) pursuant to Article 19 (1) 1; |
| 4. | A person in whose case three years have not passed since his or her registration was revoked pursuant to Article 20. |
| (3) | When the KCPLAA refuses the registration pursuant to paragraph (2), it shall notify the applicant thereof without delay, expressly clarifying the grounds therefor. <Amended on Jun. 4, 2010; Jan. 29, 2020> |
| (4) | Where the KCPLAA fails to make or refuse registration until three months have passed from the date of receipt of an application for registration under paragraph (1), the registration shall be deemed made. <Newly Inserted on Jan. 29, 2020> |
| (5) | A person whose registration is refused under paragraph (2) may file an objection with the Minister of Employment and Labor, clarifying the reason why the rejection of registration is unjust, within three months from the date of receipt of a notice under paragraph (3). <Newly Inserted on Jan. 29, 2020> |
| (6) | Where the objection filed under paragraph (5) is deemed well-grounded, the Minister of Employment and Labor shall order the KCPLAA to make registration for the relevant certified public labor attorney. <Newly Inserted on Jan. 29, 2020> |
[This Article Wholly Amended on May 25, 2010]
| Article 5-2 (Education of Certified Public Labor Attorneys) |
| (1) | If a person licensed as a certified public labor attorney (excluding those falling under the subparagraphs of Article 3-3 (1) and Article 3-3 (2)) intends to commence his or her duties for the first time after obtaining the license, he or she shall receive training and education for a period prescribed by Presidential Decree not exceeding one year, before filing for registration required under Article 5. <Amended on Jun. 110, 2022> |
| (2) | Any certified public labor attorney who has completed registration pursuant to Article 5 (1) (hereinafter referred to as "practicing labor attorney") shall receive refresher training designed to include contents to enhance expertise and ethics of practicing labor attorneys (hereinafter referred to as "refresher training) for the number of hours prescribed by Presidential Decree not exceeding eight hours per year (including at least one hour of training in professional ethics necessary for a certified public labor attorney): Provided, That the same shall not apply to the following cases: <Amended on Jan. 27, 2016> |
| 1. | When a certified public labor attorney is unable to normally conduct the duties of certified public labor attorneys due to disease, etc.; |
| 2. | Where a certified public labor attorney is unable to receive refresher training for good reason, such as temporary closure of business; |
| 3. | Where it is not appropriate for a certified public labor attorney to receive refresher training due to old age, as determined by the KCPLAA referred to in Article 24. |
| (3) | The Minister of Employment and Labor may designate institutions and groups satisfying standards prescribed by Presidential Decree for facilities, manpower, educational records, etc. as an institution providing refresher training (hereinafter referred to as "designated educational institution"). <Amended on Jun. 4, 2010> |
| (4) | When a designated educational institution falls under any of the following, the Minister of Employment and Labor may cancel the relevant designation: Provided, That he or she must cancel the relevant registration in cases of subparagraph 1: <Amended on Jun. 4, 2010> |
| 1. | When a designated educational institution is found to have obtained designation by fraud or other improper means; |
| 2. | When a designated educational institution handles persons who have failed to complete refresher training as if they completed refresher training; |
| 3. | When a designated educational institution fails to satisfy the standards referred to in paragraph (3). |
| (5) | The contents of education referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree, and the methods and procedures for education and other matters necessary therefor shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010> |
[This Article Newly Inserted on May 25, 2010]
| Article 6 (Restriction on Establishment of Offices) |
Each practicing labor attorney shall establish and operate only one office.
[This Article Wholly Amended on May 25, 2010]
| Article 7 (Joint Offices) |
| (1) | Practicing labor attorneys may set up a joint office comprised of at least two practicing labor attorneys in order to carry out the affairs efficiently and to increase public trust. |
| (2) | Deleted. <Jan. 27, 2016> |
| (3) | The provisions concerning partnership prescribed in the Civil Act shall apply mutatis mutandis to matters concerning joint offices not provided for in this Act. |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 7-2 (Labor Law Firms) |
Any practicing labor attorney may establish a labor law firm in order to perform business in a systematic and professional manner.
[This Article Wholly Amended on Aug. 3, 2007]
| Article 7-3 (Members of Labor Law Firms) |
| (1) | A labor law firm shall be comprised of at least two practicing labor attorneys. |
| (2) | No person who is under the suspension of duty pursuant to Article 20 shall be a member of a labor law firm. <Amended on May 25, 2010> |
| (3) | Each labor law firm can employ certified public labor attorneys who are not members (hereinafter referred to as "associate certified public labor attorney"). <Newly Inserted on May 25, 2010> |
[This Article Wholly Amended on Aug. 3, 2007]
[Title Amended on May 25, 2010]
| Article 7-4 (Procedures for Incorporation of Labor Law Firms) |
| (1) | When incorporating a labor law firm, the certified public labor attorneys who will be members shall prepare its articles of incorporation and obtain authorization thereof from the Minister of Employment and Labor as prescribed by Presidential Decree. The same shall also apply to any modification of the articles of incorporation. <Amended on Jun. 4, 2010> |
| (2) | The articles of incorporation shall include the following: <Amended on May 25, 2010> |
| 3. | Location of the principal office and branch offices; |
| 4. | Names and addresses of members; |
| 5. | Matters concerning the contribution from members; |
| 6. | The period or grounds, if the period of existence or ground for dissolution is determined; |
| 7. | Other matters prescribed by Presidential Decree. |
| (3) | Each labor law firm shall be registered, as prescribed by Presidential Decree. |
| (4) | Each labor law firm shall be duly formed upon completion of the registration for incorporation thereof at the registry office having jurisdiction over its principle place of business. |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 7-5 (Dissolution of Labor Law Firms) |
| (1) | A labor law firm shall be dissolved for any of the following reasons: |
| 1. | Occurrence of grounds for dissolution determined by the articles of incorporation; |
| 2. | Resolution at a general meeting of members; |
| 5. | Cancellation of authorization of incorporation. |
| (2) | If a labor law firm is dissolved, the liquidator shall, without delay, report the ground for such dissolution to the Minister of Employment and Labor. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 7-6 (Cancellation of Authorization for Establishment of Labor Law Firms) |
When a labor law firm falls under any of the following, the Minister of Employment and Labor may cancel the relevant authorization for the establishment thereof or order the suspension of business for a fixed period not to exceed one year: Provided, That he or she shall cancel the relevant authorization in cases prescribed in subparagraphs 1 through 3: <Amended on Jun. 4, 2010>
| 1. | When a labor law firm fails to fill vacancies within three months from the date on which it falls short of the number of members referred to in Article 7-3 (1); |
| 2. | When a labor law firm conducts business in violation of an order for suspension of business; |
| 3. | When a labor law firm is found to have obtained authorization referred to in Article 7-4 by fraud or other improper means; |
| 4. | When a labor law firm establishes and operates an office in violation of Article 7-7 (3); |
| 5. | When a labor law firm employs assistants in violation of Article 11 (4) which applies mutatis mutandis pursuant to Article 7-10 (2); |
| 6. | When a member or an associate certified public labor attorney of a labor law firm violates Article 13; |
| 7. | When a labor law firm benefits from leading practicing labor attorneys or former practicing labor attorneys (including assistants or former assistants to practicing labor attorneys or former practicing labor attorneys) to divulge the facts they became aware of in the course of conducting duties, without good cause; |
| 8. | When a labor law firm fails to follow orders to submit reports, data, etc., referred to in Article 18 (1) or refuses, obstructs or evades inspections or questions. |
[This Article Wholly Amended on May 25, 2010]
| Article 7-7 (Offices of Labor Law Firms) |
| (1) | Each labor law firm may have branch offices in addition to its principal office. In such cases, it shall indicate, in such branch offices, the fact that they are its branch offices. |
| (2) | Neither member nor associate certified public labor attorney of any labor law firm shall establish separate offices other than that of the labor law firm. |
| (3) | At least one full-time member who is a certified public labor attorney shall work full time in the principal office and each branch office of a labor law firm. |
[This Article Newly Inserted on May 25, 2010]
[Previous Article 7-7 moved to Article 7-10 <May 25, 2010>]
| Article 7-8 (Labor Law Firms’ Methods of Conducting Business) |
| (1) | Each labor law firm shall conduct business in its name and designate certified public labor attorneys for each case accepted, who are to take charge of such case (hereinafter referred to as "certified public labor attorney in charge"): Provided, That when a labor law firm designates an associate certificated public labor attorney as a certified public labor attorney in charge, it shall do so by designating any member of the labor law firm to join him or her. |
| (2) | When a labor law firm conducts business without designating a certified public labor attorney in charge, all members of the labor law firm shall be deemed designated as a certified public labor attorney in charge. |
| (3) | Each certified public labor attorney in charge shall represent the relevant labor law firm when conducting his or her business designated. |
| (4) | Each labor law firm shall mark its name on every document it prepares in connection with its business affairs, and each certified public labor attorney in charge shall write his or her name and affix his or her seal, or affix his or her signature, thereon. |
[This Article Newly Inserted on May 25, 2010]
| Article 7-9 (Prohibition of Concurrent Holding of Any Two Offices) |
| (1) | Every member or associate certified public labor attorney of any labor law firm shall neither perform duties falling under the scope of business of the relevant labor law firm for the sake of himself or herself or third person nor become a member or associate certified public labor attorney of another labor law firm. |
| (2) | Any person who was a member or an associate certified public labor attorney of a labor law firm shall not conduct the business of certified public labor attorneys after resignation, which he or she was conducting or accepted to conduct business as a certified public labor attorney in charge of the relevant labor law firm when he or she was belonging to the relevant labor law firm: Provided, That the same shall not apply to cases where he or she obtains the consent of the relevant labor law firm thereto. |
[This Article Newly Inserted on May 25, 2010]
| Article 7-10 (Provisions Applicable Mutatis Mutandis) |
| (1) | Except as provided in this Act, the provisions of the Commercial Act governing general partnerships shall apply mutatis mutandis to labor law firms. |
| (2) | Articles 11, 12, 12-3, 12-4, 13, 14, 17, 20-3, and 26-2 shall apply mutatis mutandis to labor law firms insofar as the provisions are not inconsistent with the nature of labor law firms. <Amended on May 25, 2010> |
[This Article Wholly Amended on Aug. 3, 2007]
[Moved from Article 7-7 <May 25, 2010>]
| Article 8 (Names of Offices) |
| (1) | Deleted. <Feb. 8, 1999> |
| (2) | Deleted. <Feb. 8, 1999> |
| (3) | A person who is not a certified public labor attorney under this Act shall not use the names of certified public labor attorneys, an office of a certified public labor attorney, joint office of certified public labor attorneys, labor law firm, or any other name similar thereto. <Amended on Aug. 3, 2007> |
| (4) | A person who is not a joint office of certified public labor attorneys, or a labor law firm prescribed in this Act, shall not use the names of joint office of certified public labor attorneys, labor juridical person, or any other name similar thereto. <Amended on Aug. 3, 2007> |
[Title Amended on Aug. 3, 2007]
| Article 9 (Discontinuation of Business) |
Where a practicing labor attorney intends to discontinue his or her business, he or she shall report to the Certified Public Labor Attorneys Association. <Amended on Jun. 4, 2010; Jan. 29, 2020>
[This Article Wholly Amended on Aug. 3, 2007]
| Article 10 Deleted. <Feb. 5, 1999> |
| Article 11 (Business Assistant) |
| (1) | Any practicing labor attorney may have assistants who will help run his or her business. |
| (2) | Any act done by a business assistant in connection with his or her duties shall be deemed the act done by the practicing labor attorney who hired him or her. |
| (3) | No person falling under any subparagraph of Article 4 may become a business assistant: Provided, That this shall not apply to a person who has been declared bankrupt and has not been reinstated under subparagraph 3 of the same Article. <Amended on Dec. 21, 2007> |
| (4) | No practicing labor attorney may have a person falling under paragraph (3) as a business assistant. <Newly Inserted on Dec. 21, 2007> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 12 (Maintenance of Dignity and Duty of Good Faith) |
| (1) | A certified labor attorney shall always maintain his or her dignity and perform his or her duties fairly based on trust and good faith, and where the certified labor attorney cannot perform such duties fairly, he or she shall not perform the duties prescribed in Article 2. <Amended on Jan. 29, 2020> |
| (2) | Each practicing labor attorney shall write his name and affix his or her seal on the documents he or she prepared or confirmed under Article 2 (1). |
| (3) | Deleted. <May 25, 2010> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 12-2 Deleted. <Feb. 8, 1999> |
| Article 12-3 (Application for Inspection of Related Books) |
Any practicing labor attorney may, when required to perform the duties prescribed in Article 2, request inspection of related books and documents from a relevant institution or person. In such cases, if the application is to perform the duties prescribed in Article 2 (1) 1 or 2, no relevant institution which received the application concerned shall reject it without good cause. [This Article Wholly Amended on Aug. 3, 2007]
| Article 12-4 (Guarantee of Liability for Damage) |
Every practicing labor attorney, in order to guarantee the liability to pay compensation for damage inflicted on clients, by intention or negligence, during the performance of business, shall purchase a surety insurance as prescribed by Presidential Decree.
[This Article Wholly Amended on Aug. 3, 2007]
| Article 13 (Prohibited Acts) |
Neither practicing labor attorney nor his or her business assistant shall perform the following acts: <Amended on Jan. 29, 2020>
| 1. | An act of having a client obtain gains on property, such as insurance money, by fraud or other improper means or having the client neither pay insurance premium nor fulfill other monetary obligations under the statutes and regulations related to labor and social insurance; |
| 2. | An act of having a client not perform notification, reporting, and other obligations under the statutes and regulations related to labor and social insurance; |
| 3. | Guiding, counseling and other similar acts for violation of statutes and regulations; |
| 4. | An act of using a professional broker or soliciting a case by unjust means. |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 14 (Duty of Confidentiality) |
No person who is or was a practicing labor attorney (including a person who is or was a business assistant of a person who is or was a practicing labor attorney) shall disclose the facts he or she has learned in the course of his or her professional duties to other persons without good cause.
[This Article Wholly Amended on Aug. 3, 2007]
| Article 15 Deleted. <Feb. 8, 1999> |
| Article 16 Deleted. <Feb. 8, 1999> |
| Article 17 (Keeping of Books) |
| (1) | Each practicing labor attorney shall furnish his or her office with books prepared in connection with his or her business and preserve such books for three years. In such cases, such books may be prepared, maintained, and preserved in electronic form provided for in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions. <Amended on May 25, 2010; Oct. 16, 2018> |
| (2) | The types and forms of books and records required to be maintained under paragraph (1) and other necessary matters shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 18 (Issuance of Orders for Purpose of Supervision) |
| (1) | If it is necessary to confirm whether or not a practicing labor attorney or a labor law firm violates this Act or an order issued under this Act, the Minister of Employment and Labor may issue an order to report matters concerning business affairs or to submit data or any necessary order and may have the affiliated public official access a business office to inspect books and other documents, or ask any questions. <Amended on May 25, 2010; Jun. 4, 2010> |
| (2) | When the Minister of Employment and Labor enters a place or conducts an inspection pursuant to paragraph (1), he or she shall notify the relevant practicing labor attorneys or labor law firms of necessary matters, such as date and time, details, etc. seven days prior to such entry or inspection: Provided, That the same shall not apply where urgency is required or it is deemed that advance notice may hinder the attainment of objectives of such entry or inspection. <Newly Inserted on May 25, 2010; Jun. 4, 2010> |
| (3) | Each public official who visits or conducts an inspection under paragraph (1) shall carry an identification indicating his or her authority, and show it to interested persons. <Amended on May 25, 2010> |
| (4) | The Minister of Employment and Labor may have the KCPLAA prescribed in Article 24 perform the inspection of business affairs under paragraph (1). In such cases, the Certified Public Labor Attorneys Association shall report the result thereof to the Minister of Employment and Labor. <Amended on May 25, 2010; Jun. 4, 2010> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 19 (Revocation of Registration) |
| (1) | If a practicing labor attorney falls under any of the following cases the KCPLAA shall revoke registration thereof: <Amended on Jun. 4, 2010; Jan. 29, 2020> |
| 1. | Where he or she is disqualified on the grounds prescribed in Article 4; |
| 2. | Where he or she reports the discontinuation of business, as prescribed in Article 9; |
| 3. | Deleted; <May 25, 2010> |
| 4. | Where he or she is deceased. |
| (2) | When revoking the registration under paragraph (1), the KCPLAA shall notify the person whose registration is revoked thereof without delay, expressly clarifying the relevant ground therefor. <Newly Inserted on May 25, 2010; Jun. 4, 2010; Jan. 29, 2020> |
| (3) | A person whose registration was revoked under paragraph (1) shall return the registration certificate. <Amended on May 25, 2010> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 20 (Disciplinary Action) |
| (1) | When a certified labor attorney falls under any of the following cases, the Minister of Employment and Labor shall take disciplinary action against him or her by resolution of the Committee on Qualification Deliberation and Disciplinary Action: <Amended on May 25, 2010; Jun. 4, 2010; Jan. 29, 2020; Jun. 10, 2022> |
| 1. | When he or she establishes and operates at least two offices in violation of Article 6; |
| 2. | When he or she becomes a member of a labor law firm in violation of Article 7-3 (2); |
| 3. | When he or she violates the prohibition of concurrent holding of two offices under Article 7-9; |
| 4. | When he or she employs assistants in violation of Article 11 (4); |
| 5. | When he or she violates the maintenance of dignity, duty of good faith, etc. under Article 12; |
| 6. | When he or she conducts prohibited acts falling under the subparagraphs of Article 13; |
| 7. | When he or she violates the obligation not to divulge confidential information prescribed in Article 14; |
| 8. | When he or she fails to follow an order to submit reports, data, etc., or refuses, interferes with or evades inspections or questions, as prescribed in Article 18 (1); |
| 9. | When he or she violates the prohibition of lending certificates of qualification, etc. under Article 20-3; |
| 10. | When he or she borrows another person's certificate of qualification to establish and operate a labor law firm or a joint office; |
| 11. | When he or she, while conducting duties referred to in Article 2, makes clients illicitly gain monetary interest, such as insurance money paid pursuant to labor-related statutes and regulations, or dissuade clients from paying premiums or performing other monetary obligations, by intention or gross negligence; |
| 12. | When he or she conducts duties in violation of a disposition of suspension of performance of duties referred to in paragraph (3) 3; |
| 13. | When he or she is sentenced to imprisonment without labor or a heavier punishment at least two times in connection with the duties of a certified labor attorney (including cases where suspension of execution is sentenced) and the execution of such sentence becomes final (excluding cases of criminal negligence); |
| 14. | When he or she has repeatedly a ground for disciplinary action after being subject to a disciplinary action of suspension of performance of duties for three years at least two times under this Act and is deemed highly inappropriate to perform the duties of a certified labor attorney; |
| 15. | When he or she violates the rules of the KCPLAA. |
| (2) | Deleted. <Jan. 29, 2020> |
| (3) | The types of disciplinary actions against a certified labor attorney shall be as follows: <Amended on Dec. 25, 2010; Jan. 29, 2020> |
| 1. | Permanent revocation of registration (limited to cases of paragraph (1) 13 and 14); |
| 2. | Revocation of registration; |
| 3. | Suspension of performance of duties for not more than three years; |
| 4. | Imposition of an administrative fine not exceeding 10 million won; |
| (4) | If it is deemed that a certified labor attorney falls under any ground for disciplinary action provided for in any subparagraph of paragraph (1), the KCPLAA prescribed in Article 24 shall request the Minister of Employment and Labor to reach a resolution on disciplinary action against the certified labor attorney. <Amended on May 25, 2010; Jun. 4, 2010; Jan. 29, 2020> |
| (5) | Each resolution on disciplinary action referred to in paragraph (1) shall be reached upon request of the Minister of Employment and Labor, and the right to request a resolution on disciplinary action shall be nullified three years after the date on which reasons falling under any of the subparagraphs of paragraph (1) arise. <Amended on May 25, 2010; Jun. 4, 2010; Jan. 29, 2020> |
| (6) | When a certified labor attorney fails to pay an administrative fine referred to in paragraph (3) 4 by the deadline for payment, the Minister of Employment and Labor may collect it in the same manner as he or she collects delinquent national taxes. <Amended on May 25, 2010; Jun. 4, 2010; Jan. 29, 2020> |
| (7) | Giving notice of resolutions on disciplinary action and other matters necessary therefor shall be prescribed by Presidential Decree. <Amended on May 25, 2010> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 20-2 Deleted. <Jun. 10, 2022> |
| Article 20-3 (Prohibition of Lending Qualification Certificate) |
| (1) | No certified public labor attorney shall allow another person to perform the duties of a certified public labor attorney by using his or her name or the name of his or her office, nor shall he or she lend the qualification certificate or the registration certificate. <Amended on Jun. 10, 2022> |
| (2) | No person shall perform the duties of a certified public labor attorney by borrowing the name or office name of, or the license or registration certificate from, a certified public labor attorney. <Newly Inserted on Jun. 10, 2022> |
| (3) | No one shall arrange the acts prohibited under paragraphs (1) and (2). <Newly Inserted on Jun. 10, 2022> |
[This Article Wholly Amended on Aug. 3, 2007]
[Moved from Article 20-2 <May 25, 2010>]
| Article 21 Deleted. <Dec. 24, 1997> |
Where the Minister of Employment and Labor intends to impose any of the following dispositions, etc. he or she shall hold a hearing: <Amended on May 25, 2010; Jun. 4, 2010; Jan. 29, 2020; Jun. 10, 2022>
| 1. | To cancel authorization for incorporation or to impose other disposition specified in Article 7-6; |
| 2. | Disciplinary action adopted by resolution of the Committee on Qualification Deliberation and Disciplinary Action under Article 20 (1). |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 23 Deleted. <Feb. 8, 1999> |
| Article 24 (Incorporation of Certified Public Labor Attorneys Association) |
| (1) | A Certified Public Labor Attorneys Association shall be established to register or discontinue business of certified public labor attorneys, to enhance their qualities and maintain the dignity, to improve the certified public labor attorney system, and to efficiently perform relevant affairs. <Amended on Jan. 29, 2020> |
| (2) | Where it is intended to establish the Certified Public Labor Attorneys Association pursuant to paragraph (1), the rules thereof shall be prescribed and the approval thereof shall be obtained from the Minister of Employment and Labor. The same shall apply where it is intended to modify the matters approved. <Amended on Jun. 4, 2010> |
| (3) | The major provisions to be prescribed in the rule of the Association referred to in paragraph (2) shall be prescribed by Presidential Decree. |
| (4) | The Certified Public Labor Attorneys Association shall be a juristic person. |
| (5) | The provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the matters relating to the KCPLAA that are not prescribed by this Act. |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 24-2 (Joining KCPLAA and Engaging in Public Interest Activities) |
| (1) | A person who intends to file for registration under Article 5 (1) shall join the KCPLAA. <Amended on Jan. 29, 2020> |
| (2) | The KCPLAA shall actively participate in public interest activities, such as supporting the socially disadvantaged. |
[This Article Newly Inserted on Aug. 3, 2007]
| Article 24-3 (Registration Review Committee) |
| (1) | The Registration Review Committee shall be established under the KCPLAA in order to review matters regarding the refusal of registration under Article 5 (2) and the revocation of registration under Article 19. |
| (2) | Matters necessary for the organization, operation, etc. of the Registration Review Committee shall be prescribed by the rules of the KCPLAA. |
[This Article Newly Inserted on Jan. 29, 2020]
| Article 25 (Guidance and Supervision) |
| (1) | The KCPLAA shall be supervised by the Minister of Employment and Labor. <Newly Inserted on Jan. 29, 2020> |
| (2) | The KCPLAA shall report the details of decisions made at a general meeting to the Minister of Employment and Labor without delay. <Newly Inserted on Jan. 29, 2020> |
| (3) | Where the Minister of Employment and Labor deems that the decisions referred to in paragraph (2) are in violation of statutes, regulations, or the regulations of the Association, he or she may cancel such decisions. <Newly Inserted on Jan. 29, 2020> |
| (4) | The KCPLAA shall report to the Minister of Employment and Labor matters relating to registration, refusal of registration, revocation of registration, and discontinuance of business. without delay. <Newly Inserted on Jan. 29, 2020> |
| (5) | Where the Minister of Employment and Labor deems that a ground for refusal or revocation of registration reported under paragraph (4) does not fall within the grounds specified in Article 5 (2) or 19 (1), he or she may order the KCPLAA to register such matters or to revoke such revocation of registration. <Newly Inserted on Jan. 29, 2020> |
| (6) | Where the Minister of Employment and Labor deems that a person registered as a certified public labor attorney falls under any of the subparagraphs of Article 5 (2), he or she may order the KCPLAA to revoke the registration of such certified public labor attorney. <Newly Inserted on Jan. 29, 2020> |
| (7) | If necessary to supervise the KCPLAA, the Minister of Employment and Labor may order the KCPLAA to report matters relating to relevant affairs or to submit materials or may issue other necessary orders and may have public officials under his or her jurisdiction to enter any relevant office inspect books, documents, etc. or ask questions. <Amended on Jun. 4, 2010; Jan. 29, 2020> |
| (8) | Article 18 (3) shall apply mutatis mutandis to public officials prescribed in paragraph (7). <Amended on May 25, 2010; Jan. 29, 2020> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 26 (Entrustment of Affairs) |
| (1) | The Minister of Employment and Labor may entrust the KCPLAA with the following affairs: <Amended on May 25, 2010; Jun. 4, 2010> |
| 1. | Training and education of certified public labor attorneys; |
| 2. | Guidance and training for the workers and employers in relation to the rationalization of labor management; |
| 2-2. | Deleted; <Jan. 29, 2020> |
| 3. | Other affairs designated as such as are deemed necessary by the Minister of Employment and Labor to enforce this Act. |
| (2) | The Minister of Employment and Labor may entrust affairs related to management of the qualifying examination for certified public labor attorneys under Article 3-2 (1) to the Human Resources Development Service of Korea, as prescribed in the Human Resources Development Service of Korea Act. <Amended on Jun. 4, 2010> |
| (3) | Where the Minister of Employment and Labor entrusts affairs to the KCPLAA or the Human Resources Development Service of Korea under paragraph (1) or (2), he or she may subsidize costs incurred therein within the budget. <Amended on Jun. 4, 2010> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 26-2 (Support for the Socially Disadvantaged) |
| (1) | The State or public agencies may have certified public labor attorneys support the socially disadvantaged with respect to the cases on statutes and regulations related to labor and social insurance. <Amended on Jan. 29, 2020> |
| (2) | Where the State or public agencies intend to have certified public labor attorneys support the socially disadvantaged under paragraph (1), matters concerning support methods and procedures, the scope of the socially disadvantaged, remuneration of certified public labor attorneys, etc. shall be governed, as prescribed by other statutes. |
| (3) | When a certified public labor attorney supports the socially disadvantaged as prescribed in paragraph (1), the Minister of Employment and Labor may deem such certified public labor attorney to have completed specific hours of refresher training, as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted on May 25, 2010; Jun. 4, 2010> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 27 (Restriction on Business Affairs) |
| (1) | No person who is not a certified public labor attorney shall perform the duties prescribed in Article 2 (1) 1, 2, or 4 as a profession: Provided, That this shall not apply, except as otherwise prescribed in other statutes. <Amended on Jan. 29, 2020> |
| (2) | A person who shall not perform the duties prescribed in paragraph (1) as a profession shall not place any label or advertisement that he or she performs the relevant duties or any misleading label or advertisement that he or she performs the duties. <Newly Inserted on Jan. 29, 2020> |
[This Article Wholly Amended on Aug. 3, 2007]
[Title Amended on Jan. 29, 2020]
| Article 27-2 (Restrictions on Introduction and Arrangement of Business Affairs of Certified Public Labor Attorneys) |
| (1) | No person shall engage in any of the following acts with regard to the acceptance of a case that falls under the duties specified in Article 2 (1) 1, 2, or 4: |
| 1. | Introducing, arranging, or enticing a party to the case or any other relevant person to a specific certified public labor attorney or his or her business assistant after receiving or promising to receive money, valuables, entertainment, or other benefits in advance; |
| 2. | Receiving or demanding money, valuables, entertainment, or other benefits in return for introducing, arranging, or enticing a party to the case or any other relevant person to a specific certified public labor attorney or his or her business assistant. |
| (2) | A person who is not a certified public labor attorney shall not share remuneration and other benefits earned through the business affairs that may be provided only by certified public labor attorneys. |
[This Article Newly Inserted on Jan. 29, 2020]
[Previous Article 27-2 moved to Article 27-3 <Jan. 29, 2020>]
| Article 27-3 (Re-Examination of Regulation) |
The Minister of Employment and Labor shall examine the appropriateness of standards for partial exemption from examination referred to in Article 3-3 and of the liability guarantee insurance system referred to in Article 12-4 every five years, counting from December 31, 2010 and shall take measures, such as abolition, mitigation, or maintenance. <Amended on Jun. 4, 2010> [This Article Newly Inserted on May 25, 2010]
[Moved from Article 27-2 <Jan. 29, 2020>]
| Article 27-4 (Legal Fiction as Public Official for Purposes of Applying Penalty Provisions) |
[This Article Newly Inserted on Jun. 10, 2022]
| Article 28 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won: <Amended on May 25, 2010, May 20, 2014; Jan. 29, 2020> |
| 1. | A person who violates the obligation of strict observation of confidentiality prescribed in Article 14; |
| 2. | A person who violates matters regarding the restriction on business affairs under Article 27 (1); |
| 3. | A person who introduces or arranges the business affairs of a certified public labor attorney, in violation of Article 27-2 (1); |
| 4. | A person who shares remuneration or other benefits through the business affairs that may be provided only by certified public labor attorneys, in violation of Article 27-2 (2). |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding 10 million won: <Amended on May 25, 2010; May 20, 2014; Jan. 29, 2020; Jun. 10, 2022> |
| 1. | A person who perform duties of certified public labor attorney without being registered as a certified public labor attorney pursuant to Article 5 (1); |
| 2. | A person who conducts prohibited acts falling under subparagraph 1, 2, or 4 of Article 13; |
| 3. | A person who violates Article 20-3 (1) pertaining to prohibition of lending of certificates of qualification, etc. and any counterpart thereof who receives such certificate lent in violation of paragraph (2) of that Article; |
| 3-2. | A person who arranges lending of certificates, etc. in violation of Article 20-3 (3); |
| 4. | A person who violates Article 8 (3) and (4) pertaining to prohibition of the use of similar names; |
| 5. | A person who violates the restriction on labeling or advertising under Article 27 (2). |
| (3) | Deleted. <May 25, 2010> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 29 (Joint Penalty Provisions) |
If a practicing labor attorney or an associate certified public labor attorney who is a member of a labor law firm or a business assistant of a practicing labor attorney commits a violation prescribed in Article 28 with respect to the business affairs of the labor law firm or practicing labor attorney, not only shall such violator be punished, but also the labor law firm or practicing labor attorney shall be punished by a fine in accordance with the relevant provisions: Provided, That this shall not apply where such labor law firm or practicing labor attorney has not been negligent in giving due attention and supervision concerning the relevant duties in order to prevent such violation. <Amended on May 25, 2010> [This Article Wholly Amended on Dec. 26, 2008]
| Article 30 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on May 25, 2010> |
| 1. | A person who fails to receive refresher training referred to in Article 5-2 (2); |
| 2. | A person who violates the obligation to report the discontinuation of business prescribed in Article 9; |
| 3. | A person who violates the obligation to prepare, maintain, and preserve the books and records related to the business prescribed in Article 17 (1) (including cases to which Article 17 (1) applies mutatis mutandis according to Article 7-10 (2)); |
| 4. | Deleted. <May 25, 2010> |
| (2) | Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended on Jun. 4, 2010> |
| (3) | Deleted. <May 25, 2010> |
| (4) | Deleted. <May 25, 2010> |
| (5) | Deleted. <May 25, 2010> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 31 (Delegation of Authority) |
Part of the authority of the Minister of Employment and Labor granted under this Act may be delegated to the heads of local government offices of employment and labor, as prescribed by Presidential Decree. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Aug. 3, 2007]
ADDENDUM <Act No. 3771, Dec. 31, 1984>
This Act shall enter into force on July 1, 1985.
ADDENDA <Act No. 4234, Apr. 7, 1990>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Practical Training) Practical training prescribed in the amended provisions of Article 5 (1) shall not apply to any person who completed required practical training, determined by Ordinance of the Ministry of Labor, before this Act enters into force. |
| (3) | (Transitional Measures concerning Registration) Any certified public labor attorney, with permission to commence business under the previous provisions as at the time this Act enters into force, shall be deemed to have registered commencement of business. |
ADDENDA <Act No. 5018, Dec. 6, 1995>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3 (1) 2 and 21 (1) 2 shall enter into force six months after the date of its promulgation, and the amended provisions of Articles 12-4 and 19 (1) 6-2 shall enter into force on January 1, 1997. |
| (2) | (Transitional Measures concerning Qualification) A person who has acquired the qualification of certified public labor attorney under the previous provisions of Article 3 (1) 2 as at the time this Act enters into force, shall be deemed a certified public labor attorney under this Act, notwithstanding the amended provisions of the same subparagraph. |
| (3) | (Transitional Measures concerning Penalty Provisions) The previous provisions shall apply to the application of penalty provisions for offences committed before this Act enters into force. |
ADDENDA <Act No. 5477, Dec. 24, 1997>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 10 (3) shall enter into force one year after the date of its promulgation. |
| (2) | (Transitional Measures concerning Remuneration of Practicing Labor Attorney) The Certified Public Labor Attorneys Association shall set standards for remuneration of practicing labor attorneys under the amended provisions of Article 10 (3) within one year after this Act enters into force and obtain approval thereof from the Minister of Employment and Labor. |
| (3) | (Transitional Measures concerning Revocation of Registration, etc.) The former provisions shall apply to cases currently undergoing the process of revocation of registration, suspension of qualification, and suspension of performance of one’s duties, notwithstanding the amended provisions of Articles 19 and 20. |
ADDENDA <Act No. 5815, Feb. 5, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) |
| (2) | (Transitional Measures concerning Penal Provisions) In applying the penal provisions to acts committed before this Act enters into force, the previous provisions shall apply. |
ADDENDA <Act No. 5887, Feb. 8, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Fine for Negligence) In applying the provisions on fines for negligence to acts committed before this Act enters into force, the previous provisions shall apply. |
ADDENDA <Act No. 6333, Dec. 30, 2000>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2001. |
| (2) | (Applicability concerning Disciplinary Action against Certified Public Labor Attorneys) The amended provisions of Article 20 (5) shall apply, starting with the first person against whom the grounds for disciplinary action occur after this Act enters into force. |
| (3) | (Transitional Measures concerning Qualification of Certified Public Labor Attorneys) With respect to any person who has been engaged in the field of labor administration before December 31, 2000, the previous provisions shall apply, notwithstanding the amended provisions of Article 3 (1) 2. <Amended by Act No. 7046, Dec. 31, 2003> |
ADDENDUM <Act No. 7046, Dec. 31, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8473, May 17, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8615, Aug. 3, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 26 (1) 1 and 26-2 shall enter into force on November 18, 2007; the amended provisions of Articles 3-4 (1) 4 and 3-5 on January 1, 2008; and the amended provisions of Articles 24 (1) and 24-2 six months after the date of its promulgation. |
| (2) | (Applicability) The amended provisions of Articles 3-4 (1) 4 and 3-5 shall apply, beginning with the first qualifying examination for certified public labor attorneys to be conducted after January 1, 2008. |
ADDENDUM <Act No. 8780, Dec. 21, 2007>
This Act shall enter into force on January 1, 2008.
ADDENDUM <Act No. 9255, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10321, May 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation: Provided, That the amended provisions of Article 5-2 (2) shall enter into force on January 1, 2011. Article 2 (Applicability concerning Method of Conducting Business of Labor Law Firms)
The amended provisions of Article 7-8 shall apply, starting with the first case that a labor law firm accepts after this Act enters into force. Article 3 (Applicability concerning Prohibition of Concurrent Holding of Office)
| (1) | The amended provisions of Article 7-9 (1) shall apply, starting with the first business conducted by a member or an associate certified public labor attorney of a labor law firm after this Act enters into force. |
| (2) | The amended provisions of Article 7-9 (2) shall apply, starting with the first person who resigns from a labor law firm after this Act enters into force. |
Article 4 (Transitional Measures concerning Training and Education)
Any certified public labor attorney who completed practical training pursuant to the former provisions as at the time this Act enters into force (including certified public labor attorneys who have started practical training but have not completed it as at the time this Act enters into force and complete the practical training after this Act enters into force) shall be deemed to have completed training and education pursuant to the amended provisions of Article 5-2 (1). Article 5 (Transitional Measures concerning Qualification of Members of Labor Law Firms)
Notwithstanding the amended provisions of Article 7-3 (3), the former provisions shall apply to those who are under the suspension of qualification for acts committed before this Act enters into force. Article 6 (Transitional Measures concerning Cancellation of Authorization for Establishment of Labor Law Firms)
Notwithstanding the amended provisions of Article 7-6, the former provisions shall apply to dispositions of cancellation of authorization for the establishment of labor law firms, which are imposed for acts conducted before this Act enters into force. Article 7 (Transitional Measures concerning Revocation of Registration of Practicing Labor Attorneys)
Notwithstanding the amended provisions of Article 19, the former provisions shall apply to the revocation of registration of practicing labor attorneys who are subject to a disposition of suspension of qualification pursuant to the former provisions for offences committed before this Act enters into force, as prescribed in Article 8 of the Addenda. Article 8 (Transitional Measures concerning Disciplinary Action)
The former provisions shall apply to disciplinary actions taken against offences committed before this Act enters into force.
Article 9 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The former provisions shall apply to the application of penalty provisions and the imposition of administrative fines for offences committed before this Act enters into force.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 12624, May 20, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13898, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability concerning Qualifying Examination for Certified Public Labor Attorneys)
The amended provisions of Article 3-2 (5) shall apply, beginning with the first qualifying examination for certified public labor attorneys performed after this Act enters into force. Article 3 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship and persons under limited guardianship under the amended provisions of subparagraph 2 of Article 4 shall be deemed to include persons for whom the effect of declaration of incompetency or quasi-incompetency remains in effect in accordance with Article 2 of the Addenda to the partial amendment to the Civil Act (Act No. 10429).
ADDENDUM <Act No. 15847, Oct. 16, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16895, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Exclusion of Application of Partial Exemption from Examination)
The amended provisions of Article 3-3 (5) shall begin to apply to persons removed or dismissed from office or subject to a disciplinary action equivalent to demotion or suspension from office after this Act enters into force. Article 3 (Applicability to Standards for Calculation of Number of Acts Subject to Disciplinary Actions)
In calculating the number of acts subject to a disciplinary action under the amended provisions of Article 20 (1) 13 or 14, such calculation shall begin to apply to disciplinary actions of imprisonment without labor or a heavier punishment or suspension of performance of duties for three years, which became final on or after the date this Act enters into force. Article 4 (Transitional Measures concerning Certified Public Labor Attorneys Requesting Disciplinary Actions)
Notwithstanding the amended provisions of Article 20, the previous provisions shall apply to persons who are making a request for disciplinary actions as at the time this Act enters into force.
ADDENDA <Act No. 18923, Jun. 10, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Preparation for Implementation of This Act)
Where it is deemed necessary for the implementation of this Act, the Minister of the Employment and Labor may perform preparatory activities, such nominating or commissioning members necessary to organize and operate the Committee on Qualification Deliberation and Disciplinary Action before this Act enters into force.
Article 3 (Transitional Measures concerning Certified Public Labor Attorney Qualification Deliberative Committee and Certified Public Labor Attorney Disciplinary Committee)
| (1) | Deliberation, resolution, and other acts by the Certified Public Labor Attorney Qualification Deliberative Committee or the Certified Public Labor Attorney Disciplinary Committee, requests made to the Certified Public Labor Attorney Disciplinary Committee for taking disciplinary action, and other acts done to the Certified Public Labor Attorney Qualification Deliberative Committee or the Certified Public Labor Attorney Disciplinary Committee under the previous provisions of this Act before it enters into force shall be deemed acts done by or to the Committee on Qualification Deliberation and Disciplinary Action. |
| (2) | Members of the Certified Public Labor Attorney Qualification Deliberative Committee nominated or commissioned under the previous provisions as at the time this Act enters into force shall be deemed members of the Committee on Qualification Deliberation and Disciplinary Action nominated or commissioned under this Act; and the term of office of such commissioned members shall be the remainder of the relevant term of office under the previous provisions. |