ACT ON THE ESTABLISHMENT AND MANAGEMENT OF PROFESSIONAL LAW SCHOOLS
Act No. 8544, Jul. 27, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 10866, Jul. 21, 2011
Act No. 11690, Mar. 23, 2013
Act No. 14152, May 29, 2016
Act No. 17954, Mar. 23, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters concerning the establishment and management of professional law schools and the education at such professional law schools, and to train quality legal professionals.
| Article 2 (Educational Ideology) |
The educational ideology of professional law schools is to train legal professionals who have sound professional ethics based on rich education, a deep understanding of people and society, and morals valuing freedom, equality and justice, and who have knowledge and abilities that will allow professional and efficient resolution of diverse legal disputes in order to provide quality legal service responding to the people's diverse expectations and requests.
| Article 3 (Responsibilities of State, etc.) |
| (1) | The State, universities and colleges under subparagraph 1 of Article 2 of the Higher Education Act (including graduate school universities and colleges under Article 30 of the same Act; hereinafter referred to as the "schools"), and other institutions or organizations relating to training of legal professionals shall cooperate with one another in order to train legal professionals who conform to the purposes of the educational ideology under Article 2. |
| (2) | The State shall take necessary measures, including formulation of financial support plan for training of legal professionals. |
| Article 4 (Establishing Entities) |
An entity which establishes and manages a school (referring to the State in cases of a national school, a local government in cases of a public school, and an incorporated educational institution in cases of a private school; hereinafter the same shall apply) may establish and manage a professional law school, the main purpose of which is training in professional legal theories and practice and research, necessary for education of legal professionals.
| Article 5 (Authorization for Establishment) |
| (1) | The founder and manager of a university who intends to have a professional law school shall meet the standards for the establishment of a professional law school, such as teaching staff under Articles 16 through 20 (excluding instructors under Article 14 (2) of the Higher Education Act; hereinafter the same shall apply), facilities, curriculum, etc. under Articles 16 through 20. <Amended on Jan. 26, 2012> |
| (2) | Where an entity that establishes and manages a public or private school intends to establish a professional law school, such entity shall obtain authorization from the Minister of Education. The same shall apply where such entity intends to close its authorized professional law school or to modify important matters prescribed by Presidential Decree among the authorized matters. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | Where the Minister of Education intends to authorize establishment, closure or modification under paragraph (2), the Minister may do so only after advance deliberation by the Law School Education Committee (hereinafter referred to as the "Law School Education Committee") under Article 10. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | Where the State intends to establish a professional law school, the State may do so only after deliberation by the Law School Education Committee. The same shall apply where the State closes a professional law school or modifies important matters prescribed by Presidential Decree. |
| (5) | Matters necessary for procedures, etc. of authorization for establishment, closure or modification under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 6 (Criteria for Authorization for Establishment) |
| (1) | Where the Minister of Education receives application for authorization for establishment of a professional law school under Article 5 (2), the Minister may grant authorization after consideration of the feasibility of educational goal and curriculum necessary for achieving the educational ideology under Article 2 and after consideration of whether the applicant entity meets the establishment requirements. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Details of criteria for authorization for establishment shall be prescribed by the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 7 (Enrollments at Professional Law Schools) |
| (1) | The Minister of Education shall prescribe the total number of enrollments at professional law schools after consideration of all relevant circumstances, including smooth supply of legal services for the public and the supply and demand status of legal professionals. In such cases, the Minister of Education shall report the total number of enrollments to the competent standing committee of the National Assembly in advance. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | When the Minister of Education prescribes the total number of enrollments at professional law schools under paragraph (1), the Minister shall consult with the Minister of National Court Administration and the Minister of Justice. In such cases, the President of the Korean Bar Association under Article 78 of the Attorney-at-Law Act (hereinafter referred to as the "President of the Korean Bar Association"), the President of the Korea Law Professors Association, an incorporated association authorized by the Minister of Justice and established under Article 32 of the Civil Act and Article 4 of the Act on the Establishment and Operation of Public-Service Corporations (hereinafter referred to as the "President of the Korea Law Professors Association"), etc. may submit opinions to the Minister of Education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Education shall prescribe the number of enrollment at each professional law school within the limit prescribed by Presidential Decree after comprehensive consideration of educational conditions, including faculty, facilities and finance of each professional law school and of the total number of enrollments under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 8 (Elimination of Undergraduate Degree Programs) |
| (1) | No school with a professional law school may have an undergraduate law degree program. |
| ② | In the case of a university with a law school, if a bachelor's degree program in law was established before the opening of the law school, admission of students in the bachelor's degree program in law begins from the academic year in which the student first enters the law school. must not be permitted. <Amended 2021. 3. 23.> |
| (3) | Notwithstanding paragraph (1), universities or colleges with professional law schools shall maintain bachelor's degree courses to the extent necessary for the education of students who have entered bachelor's degree courses related to law of the relevant universities or colleges before the opening of professional law schools. <Amended on Mar. 23, 2021> |
| Article 9 (Relations with other Acts and Subordinate Statutes) |
| (1) | As for matters provided in this Act in relation to professional law schools, this Act shall take precedence over any other Act. |
| (2) | As for matters not specifically provided for in this Act in relation to professional law schools, the Acts relating to the education at universities and colleges, including the Higher Education Act. |
CHAPTER II LAW SCHOOL EDUCATION COMMITTEE
| Article 10 (Establishment of Law School Education Committee and Functions thereof) |
The Law School Education Committee shall be established under the jurisdiction of the Minister of Education to deliberate on the following matters concerning professional law schools. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2013>
| 1. | Matters relating to authorization for establishment of professional law schools (including matters relating to establishment of professional law schools at national schools); |
| 2. | Matters relating to authorization for closure or modification of professional law schools (including matters relating to closure or modification of professional law schools at national schools); |
| 3. | Matters relating to the enrollment at each professional law school; |
| 4. | Matters relating to details of criteria for authorization for establishment of professional law schools; |
| 5. | Other matters referred by the Minister of Education to the Committee by the Minister of Education concerning the training of legal professionals and law education at professional law schools. |
| Article 11 (Composition of Law School Education Committee) |
| (1) | The Law School Education Committee shall be comprised of 13 members, including one chairperson. |
| (2) | The chairperson shall be appointed by the Minister of Education, from among the committee members under paragraph (3). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (3) | Members shall be commissioned by the Minister of Education from among the following persons. <Amended on Feb. 29, 2008; Jul. 21, 2011; Mar. 23, 2013; Mar. 23, 2021> |
| 1. | Four persons who are law professors or associate law professors; |
| 2. | One person recommended by the Minister of National Court Administration, from among judges with at least 10 years of experience, who is a judge with at least 10 years of experience; |
| 3. | One person recommended by the Minister of Justice from among prosecutors with at least 10 years' work experience, who is a public prosecutor with at least 10 years' work experience; |
| 4. | Two persons who are attorneys-at-law with at least 10 years of experience and are recommended by the President of the Korean Bar Association; |
| 5. | One person who is a public official with ten or more years of experience in educational administration; |
| 6. | Four persons of knowledge and virtue (excluding persons holding positions of assistant professor or higher teaching law and persons qualified as attorneys). |
| Article 12 (Term of Law School Education Committee Members) |
| (1) | The chairperson and the members shall be appointed for two-year terms, and they may be re-appointed. |
| (2) | Where a member is removed from a position or status prescribed under Article 11 (3) 1 through 5 during incumbency, such member shall lose the such status. |
| Article 13 (Grounds for Exclusion of Member of Law School Eduction Committee) |
In any of the following cases, a member shall not participate in the relevant deliberation: <Amended on Mar. 23, 2021>
| 1. | Where the member or the spouse of the member is employed by a school subject to deliberation or by an incorporated educational institution which establishes and manages such school; |
| (a) | The head of a school subject to deliberation; |
| (b) | A faculty member of the department of law or the school of law at a school subject to deliberation or a faculty member of a professional law school; |
| (c) | An executive of an incorporated educational institution of a school subject to deliberation. |
| Article 14 (Requesting Cooperation of Relevant Institutions and Organizations) |
The Law School Education Committee may hear opinions of relevant persons of schools, relevant public officials, or experts or request submission of data or opinions to schools or relevant institutions and organizations, if necessary to deliberate on matters under each subparagraph of Article 10.
| Article 15 (Finding of Investigation) |
| (1) | The chairperson of the Law School Education Committee may appoint investigating members to investigate into facts necessary to deliberate on matters under each subparagraph of Article 10. |
| (2) | The Law School Education Committee may conduct on-site investigation by organizing on-site investigation group from among the members or the investigating members, if necessary for deliberation under paragraph (1). |
| (3) | Necessary matters concerning the operation of the Law School Education Committee, the appointment of investigating members, the organization of on-site investigating group, etc. shall be prescribed by Presidential Decree. |
CHAPTER III ESTABLISHMENT REQUIREMENTS AND OPERATION OF PROFESSIONAL LAW SCHOOLS
| Article 16 (Faculties, etc.) |
| (1) | A professional law school shall employ the number of faculty equal to the number of students enrolled in the year of completion of organization divided by the number of students prescribed by Presidential Decree within the limit of 15 students per professor. |
| (2) | The number of teachers holding concurrent posts, etc. prescribed by Presidential Decree may be included in the number of teachers within the limit of 1/5 of the number of teachers to be secured by a professional law school pursuant to paragraph (1), as prescribed by Presidential Decree. <Amended on Mar. 23, 2021> |
| (3) | Where the number of faculty members to be secured by a professional law school pursuant to paragraph (1) (excluding faculty members holding concurrent posts, etc. under paragraph (2)) is less than 20 persons, 20 persons shall be appointed. <Amended on Mar. 23, 2021> |
| (4) | At each professional law school, 1/5 of the number of faculty to be secured under paragraphs (1) and (3) shall be attorneys-at-law or professors who are foreign lawyers with certificates or licenses with 5 years's experience or more in relevant fields (hereafter referring to as "faculty with hands-on-background" in this paragraph). In such cases, no teacher holding concurrent post shall be the faculty with hands-on-background accounts for 1/5 of the number of faculty. |
| Article 17 (Facilities Requirements) |
| (1) | A professional law school shall have facilities prescribed by Presidential Decree to provide abundant education. |
| (2) | A school with a professional law school shall secure sufficient finances necessary for operation of the professional law school and shall establish plans for financial aid for students, such as scholarships. |
| Article 18 (Degree Programs and Required Academic Years) |
| (1) | A professional law school shall have a juris doctorate degree program and may have a doctorate degree program under school regulations. |
| (2) | The required academic years of juris doctorate degree program under paragraph (1) shall be three years. |
| (3) | A person who has completed a degree course under paragraph (1) shall be granted the relevant degree prescribed by Presidential Decree. <Amended on Mar. 23, 2021> |
| (4) | A professional law school may have a non-degree research program. |
| (5) | The number of students enrolled or admissions in the doctorate degree programs or the non-degree research programs under paragraph (4) shall not be included in the number of students enrolled or admissions under Article 7, subparagraph 3 of Article 10, Article 26, or subparagraph 1 of Article 39. |
| (1) | Credits necessary for completion of juris doctorate degree programs at professional law schools shall be equal to or exceeding the credits prescribed by Presidential Decree and shall be prescribed by school regulations. |
| (2) | Credits earned from other professional law schools under this Act or degree courses at foreign universities corresponding to professional law schools under this Act may be recognized as credits earned from the relevant professional law schools, as prescribed by school regulations, within the limits prescribed by Presidential Decree. <Amended on Mar. 23, 2021> |
| (3) | The Professional Law School may recognize that a person who is deemed to have acquired necessary legal knowledge at the relevant professional law school after earning a bachelor's degree or higher degree in law and that he or she has earned credits at the relevant professional law school, as prescribed by school regulations, within the scope prescribed by Presidential Decree. <Amended on Mar. 23, 2021> |
| (1) | A professional law school shall establish necessary curriculum to train legal professionals who conform to the educational ideology of Article 2 and shall have well-organized study programs. |
| (2) | Necessary matters, including courses of study to be opened by professional law schools, shall be prescribed by Presidential Decree. |
| Article 21 (Invitation of Opinions concerning Establishment and Modification of Establishment Criteria) |
Where the Minister of Education intends to establish or modify important criteria relating to establishment of professional law schools, such as faculties, facilities, curriculum, etc., the Minister shall hear opinions of the Minister of National Court Administration, the Minister of Justice, the President of the Korean Bar Association, the President of Korea Law Professors Association, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
| Article 22 (Requirements for Admission) |
Those who can enroll in a law school are those who have a bachelor's degree or who are recognized by law as having an equivalent or higher level of academic ability (hereinafter referred to as "a person who has earned a bachelor's degree"). <Amended 2021. 3. 23.>
| Article 23 (Selection of Students) |
| (1) | A professional law school shall select students from among those who have qualifications for admission under Article 22 through general or special screening. <Amended on Mar. 23, 2021> |
| (2) | A professional law school shall use the undergraduate grade point average, the score for the test measuring the aptitude relating to abilities to become a legal professional (hereinafter referred to as "Legal Education Eligibility Test"), foreign language proficiency of an applicant as admissions materials, and may use other materials, such as community services and volunteer activities as admissions materials. In such cases, a professional law school shall not conduct a test gauging legal knowledge to use the scores therefrom as admissions materials. |
| (3) | A professional law school shall establish and publicly announce admission process plans which include matters prescribed by Presidential Decree and execute such plan, for fair selection of admitted students. |
| (4) | Necessary matters concerning general admissions, special admissions, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 24 (Conducting Legal Education Eligibility Tests) |
| (1) | The Minister of Education shall conduct the Legal Education Eligibility Test: Provided, That the Minister of Education may designate an institution having organization and human resources, necessary to administer the Legal Education Eligibility Test, and have it conduct the Legal Education Eligibility Test. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | Where an institution designated under the proviso to paragraph (1) (hereafter referring to as the "designated institution" in this Article) falls under any of the following subparagraphs, the Minister of Education may revoke such designation: Provided, That in cases falling under subparagraph 1, the Minister shall revoke such designation: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Where such designation was obtained by deceit or other fraudulent means; |
| 2. | Where such designated institution fails to administer the Legal Education Eligibility Test without any justifiable ground; |
| 3. | Where such designated institution fails to have organization and human resources necessary to administer the Legal Education Eligibility Test. |
| (3) | The Minister of Education may order such designated institution to submit reports or materials relating to the administration of the Legal Education Eligibility Test. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) | Any person who intends to take the Aptitude Test shall pay the application fees determined by the Minister of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021> |
| (5) | The criteria and procedures for designation of designated institutions, the payment method of test fees for the Legal Education Eligibility Test, and other necessary matters concerning the administration of the Legal Education Eligibility Test shall be prescribed by Presidential Decree. |
| Article 25 (Transfer Admissions) |
| (1) | A professional law school student may transfer to another professional law school, as prescribed by school regulations. |
| (2) | Credits earned by a transfer student under paragraph (1) at previous professional law schools may be transferred and accepted as credits earned at the professional law school giving transfer admission, as prescribed by school regulations. |
| Article 26 (Diversity of Student Bodies) |
| (1) | Professional Law Schools shall endeavor to admit persons with diverse knowledge and experience to enter schools. <Amended on Mar. 23, 2021> |
| (2) | A professional law school shall ensure that the ratio of admitted students who have earned a bachelor's degree in a field other than law shall be at least 1/3 of the number of admitted students. <Amended on Mar. 23, 2021> |
| (3) | A professional law school shall ensure that the ratio of admitted students who have earned a bachelor's degree from a university or college other than the university or college in which the relevant professional law school is established shall be at least 1/3 of the admitted students. <Amended on Mar. 23, 2021> |
CHAPTER IV EVALUATION OF PROFESSIONAL LAW SCHOOLS
| Article 27 (Evaluation by Law School Education Evaluation Committee) |
A school with a professional law school shall be subject to evaluation by the Law School Education Evaluation Committee (hereinafter referred to as the "Evaluation Committee") under Article 28, as prescribed by Presidential Decree.
| Article 28 (Establishment and Functions of Evaluation Committee) |
The Evaluation Committee shall be under the Korean Bar Association under Article 78 of the Attorney-at-Law Act, to conduct duties under each of the following subparagraphs, relating to educational evaluation of professional law schools: | 1. | Evaluation of education, organization, operation, facilities, etc. (hereinafter referred to as "education, etc.") of a professional law school; |
| 2. | Formulation of evaluation methods for proper evaluations and establishment of evaluation criteria. |
| Article 29 (Members of Evaluation Committee) |
| (1) | The Evaluation Committee shall be comprised of 11 members, including one chairperson. |
| (2) | The President of Korean Bar Association shall appoint the chairperson from among the members under paragraph (3). |
| (3) | Members shall be commissioned by the President of the Korean Bar Association from among the following persons: <Amended on Jul. 21, 2011; Mar. 23, 2013; Mar. 23, 2021> |
| 1. | Four law professors or associate professors recommended by the Minister of Education; |
| 2. | One person recommended by the Minister of National Court Administration, from among judges with at least 10 years of experience, who is a judge with at least 10 years of experience; |
| 3. | One person recommended by the Minister of Justice from among prosecutors with at least 10 years' work experience, who is a public prosecutor with at least 10 years' work experience; |
| 4. | One person who is an attorney-at-law with ten or more years of experience; |
| 5. | One person who is a public official with ten or more years of experience in educational administration; |
| 6. | Three persons of knowledge and virtue (excluding persons holding the position of assistant professor or higher teaching law and persons qualified as lawyers). |
| Article 30 (Terms of Evaluation Committee Members) |
| (1) | The chairperson and the members shall be appointed for two-year terms, and they may be re-appointed. |
| (2) | Where a member is removed from a position or status prescribed under Article 29 (3) 1 through 5 during incumbency, such member shall lose the member status. |
| Article 31 (Grounds for Exclusion of Members of Evaluation Committee) |
In any of the following cases, a member shall not participate in the relevant evaluation: <Amended on Mar. 23, 2021>
| 1. | Where the member or spouse of the member is employed by a school with a professional law school subject to evaluation or by an incorporated educational institution which establishes and manages such school; |
| (a) | The head of a school with a professional law school subject to evaluation; |
| (b) | A faculty member of a professional law school subject to evaluation; |
| (c) | An executive of an incorporated educational institution of a school with a professional law school subject to evaluation. |
| Article 32 (Self-Evaluation) |
A university or college that has a professional law school shall conduct a self-evaluation of education, etc. of the relevant professional law school, as prescribed by Presidential Decree, and submit the results thereof to the Evaluation Committee and publicly announce such results. <Amended on Mar. 23, 2021>
| Article 33 (Evaluation Criteria) |
| (1) | In evaluating education, etc., the Evaluation Committee shall comprehensively evaluate whether the standards for establishment are complied with, the fairness in the selection of admissions, the adequacy of the curriculum, the current status of graduates' advancement into society, etc. <Amended on Mar. 23, 2021> |
| (2) | The Evaluation Committee shall establish criteria necessary for evaluation of education, etc. with approval by the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 34 (Finding of Investigation) |
| (1) | The chairperson of the Evaluation Committee may appoint investigating members to investigate into facts necessary for evaluation of education, etc. |
| (2) | The Evaluation Committee may conduct on-site investigations by organizing on-site investigation group from among the members or the investigating members, if necessary for evaluation of education, etc. |
| (3) | Necessary matters concerning the organization, etc. of on-site investigation group, shall be prescribed by Presidential Decree. |
| Article 35 (Notice of Evaluation Results) |
| (1) | Where the Evaluation Committee evaluates education, etc., it shall notify the relevant university of the results thereof and submit them to the Minister of Education. In such cases, the Evaluation Committee shall publish the results of the evaluation. <Amended on Mar. 23, 2013; Mar. 23, 2021> |
| (2) | The Evaluation Committee shall give the relevant university an opportunity to state its opinion in the course of conducting the evaluation. <Amended on Mar. 23, 2021> |
| Article 36 (Operation of Evaluation Committee) |
| (1) | The Evaluation Committee shall have necessary organizations to support the activities of the Evaluation Committee. |
| (2) | The chairperson of the Evaluation Committee may request government agencies or relevant institutions and organizations to send public officials or employees, where the chairperson deems it necessary for carrying out duties of the Evaluation Committee. |
| (3) | The Evaluation Committee may hear opinions of relevant parties at professional law schools or relevant public officials and experts or may request professional law schools or relevant institutions to submit data or opinions, where the Evaluation Committee deems it necessary for carrying out its functions. |
| (4) | Expenses necessary for operation of the Evaluation Committee may be subsidized by the National Treasury. |
| (5) | Other necessary matters concerning operation, etc. of the Evaluation Committee shall be prescribed by Presidential Decree. |
| Article 37 (Request for Evaluation Committee to Submit Data) |
| (1) | After the Minister of Education receives evaluation results from the Evaluation Committee under Article 35, the Minister may request the Evaluation Committee to submit data relating to evaluation, where the Minister deems it necessary for review of evaluation results. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | In any of the following cases, the Minister of Education may request the Evaluation Committee to re-evaluate the evaluation results of the Evaluation Committee: <Amended on Mar. 23, 2013; Mar. 23, 2021> |
| 2. | Where a member, who falls under any ground for exclusion under Article 31, participates in evaluation. |
| (3) | Upon receipt of a request for re-evaluation from the Minister of Education, the Evaluation Committee shall conduct the re-evaluation within three months, except in extenuating circumstances. <Amended on Mar. 23, 2013; Mar. 23, 2021> |
| (4) | Where the Evaluation Committee delays its re-evaluation for at least three months without justifiable grounds after the Minister of Education's request for re-evaluation, the Minister of Education may require the Law School Education Committee to conduct re-evaluation of the relevant professional law school. <Amended on Mar. 23, 2013; Mar. 23, 2021> |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 38 (Corrective Orders) |
Where a professional law school is established or a professional law school in which a professional law school is established violates Articles 5 (2) and (4), 7 (3), 8, 16, 17, 18 (1) through (3), 19, 20, 22, 23, 25, 27, and 32, the Minister of Education may issue a corrective order to the founder and manager of the professional law school or the head of the professional law school within a specified period of time. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2013; Mar. 23, 2021>
| Article 39 (Measures for Deduction, etc.) |
Where a person who has received a corrective order under Article 38 fails to comply with such order within the designated period without justifiable grounds and thus it is impracticable to operate normal academic affairs, the Minister of Education may take any of the following measures: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021> | 1. | Reduction of maximum student number of students of the relevant professional law school; |
| 2. | Suspension of recruitment of students at professional law schools. |
| Article 40 (Revocation of Authorization) |
Where a professional law school falls under any of the following subparagraphs and it is impossible to normally operate academic affairs, the Minister of Education may revoke authorization for the relevant professional law school <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021>
| 1. | Where any ground for corrective order under Article 38 occurs due to an intentional or grossly negligent act of the head of a school or an entity that establishes and manages such school; |
| 2. | Where the head of a school or an entity that establishes and manages such school violates any order from the Minister of Education, issued under this Act or other Act and subordinate statutes relating to schools, on three or more occasions; |
| 3. | Where a professional law school suspends classes continuously for three months or more, excluding breaks and holidays. |
| Article 41 (Closing Order) |
| (1) | The Minister of Education may order a person, who operates a facility practically in the form of a professional law school using the word of "professional law school" as part of its name without obtaining authorization for establishment of a professional law school under Article 5, to close the relevant facility. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Education may order any entity which continues to operate a school in the form of a professional law school after revocation of authorization under Article 40, to close the relevant facility. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| Article 42 (Protection of Students after Revocation of Authorization) |
| (1) | A student enrolled in a professional law school whose authorization has been revoked under Article 40 may transfer to another professional law school. In such cases, the professional law school that grants permission for transfer may recognize all or part of the credits earned at the professional law school whose authorization has been revoked may be recognized as the credits earned at the relevant professional law school. <Amended on Mar. 23, 2021> |
| (2) | The number of transfer students under paragraph (1) shall not be included in the enrollments or the number of admitted students under Article 7, subparagraph 3 of Article 10, Article 26 and subparagraph 1 of Article 39. |
| (3) | An entity authorization of which is revoked under Article 40 shall report to the Minister of Education on the current status of its enrolled students and facilities and resources provided to the relevant professional law school within three months after the date on which such authorization is revoked. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
Where the Minister of Education intends to order revocation of authorization, or closure of, a professional law school or a facility under Articles 40 and 41 (1), the Minister shall hold hearings. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
| Article 44 (Legal Fiction of Public Officials in Application of Penal Provisions) |
Persons who are not public officials, from among members of the Law School Education Committee and the Evaluation Committee, members of the Evaluation Committee, and employees of the Evaluation Committee, shall be deemed public officials for the purposes of Articles 127 and 129 through 132 of the Criminal Act. <Amended on Mar. 23, 2021>
CHAPTER VI PENAL PROVISIONS
| Article 45 (Penal Provisions) |
A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 14152, May 29, 2016>
| 1. | A person who accepted student applications using the word of "professional law school" as part of its name without obtaining authorization of establishment under the first sentence of Article 5 (2); |
| 2. | A person who closes a professional law school or modifies important matters prescribed by Presidential Decree without authorization for closure or modification, in violation of the second sentence of Article 5 (2); |
| 3. | A person who obtains authorization for establishment, closure or modification under Article 5 (2) by deceit or other fraudulent means; |
| 4. | A person who violates a closure order under Article 41. |
| Article 46 (Penal Provisions) |
A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 14152, May 29, 2016>
| 1. | A person who confers a degree in violation of Article 18 (3); |
| 2. | A person who admits students who do not fall under Article 22; |
| 3. | A person who falsely makes and publicly announces self-evaluation results under Article 32; |
| 4. | A person who violates a corrective order under Article 38. |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force two months after the date of its promulgation: Provided, That the provisions of Articles 27 through 37 shall enter into force on January 1, 2009. |
| (2) | (Applicability concerning First Admissions of Students) The professional law schools established under this Act may admit students starting from March 1, 2009. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That...(Omitted)...the amended parts among the statutes amended under Addenda 6 that were promulgated before the enforcement of this Act but their enforcement dates have yet to arrive shall enter into force on their respective enforcement dates of the relevant statute.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDA <Act No. 11212, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 3 of the Supplementary Provisions ㆍㆍㆍ <Omitted>ㆍㆍㆍ shall come into effect from August 1, 2019. <Amended on Dec. 11, 2012; Jan. 1, 2014; Dec. 31, 2015; Dec. 30, 2017; Dec. 18, 2018> Articles 2 through 4 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14152, May 29, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 17954, Mar. 23, 2021>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)