CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to stipulate necessary matters regarding qualification approval, registration, and practice, etc. of a Foreign Legal Consultant, who provides Foreign Legal Services in the Republic of Korea, and establishment, practice, etc. of a Joint Venture Law Firm. <Amended by Act No. 14056, Mar. 2, 2016>
The terms used in this Act shall be defined as follows: <Amended by Act No. 14056, Mar. 2, 2016>
| 2. | The term “Foreign Licensed Lawyer” means a person qualified and licensed as a legal professional equivalent of an Attorney-at-Law in a foreign country; |
| 3. | The term “Foreign Legal Consultant” means a Foreign Licensed Lawyer who receives qualification approval from the Minister of Justice in accordance with Article 6 and registers with the Korean Bar Association in accordance with Article 10 (1); |
| 4. | The term “Foreign Legal Consultant Office” means an office established under this Act to provide Foreign Legal Services; |
| 5. | The term “Country of Original License” means a country where a Foreign Licensed Lawyer acquired his/her license and completed procedures required to provide legal services, and which is designated by the Minister of Justice to allow Foreign Licensed Lawyers of that country to provide advisory services, etc. on the law of that country in the Republic of Korea; provided that, if a country has provinces, states, prefectures or autonomous districts which grant qualification recognized only within that region, the entire region where the qualification is recognized in accordance with the law of the country shall be regarded as a Country of Original License; |
| 6. | The term “Foreign Legal Services” means services such as advice on statutes of a Country of Original License (referring to statutes previously or currently in force; the same shall apply hereinafter) that a Foreign Legal Consultant is allowed to perform under Article 24; |
| 7. | The term “International Arbitration Case” means a civil or commercial arbitration case for which the Republic of Korea is the place of arbitration and to which statutes of a country other than the Republic of Korea, a treaty concluded between the Republic of Korea and a foreign country, a treaty among countries other than the Republic of Korea or generally-accepted customary international law is or can be applied; |
| 8. | The term “Free Trade Agreement, etc.” means all agreements, regardless of their titles, on comprehensive trade liberalization including Foreign Legal Services area, which the Republic of Korea concluded with a foreign country (including a union of states such as a confederation, economic community, etc.) or an international organization; |
| 9. | The term “Joint Venture Law Firm” means a corporation established under this Act to provide Foreign Legal Services and domestic legal services, etc. prescribed by this Act; |
| 10. | The term “Local Participant of a Joint Venture” means Law Firm, Limited Liability Law Firm or Law Firm Partnership prescribed by the Attorney-at-Law Act that participates in establishment of a Joint Venture Law Firm; |
| 11. | The term “Foreign Participant of a Joint Venture” means an entity that is, regardless of its form, established with a main purpose of providing legal services in a contracting party of a Free Trade Agreement, etc. publicly notified by the Minister of Justice under Article 35-2 (1) and that participates in establishment of a Joint Venture Law Firm; |
| 12. | The term “Joint Venture Participant” means a Local Participant of a Joint Venture or Foreign Participant of a Joint Venture. |
CHAPTER II QUALIFICATION APPROVAL OF FOREIGN LEGAL CONSULTANT
| Article 3 (Application for Qualification Approval) |
| (1) | A Foreign Licensed Lawyer who intends to become a Foreign Legal Consultant, shall submit an application for qualification approval to the Minister of Justice. |
| (2) | If an Attorney-at-Law qualified as a Foreign Licensed Lawyer files an application under paragraph (1), he/she shall temporarily suspend or cease his/her practice. |
| (3) | An applicant shall submit an application form and evidentiary documents as prescribed by the Presidential Decree. In such cases, evidentiary documents shall be original documents or their authenticated copies, and any document not prepared in Korean shall be accompanied with a notarized Korean translation. |
| (4) | An applicant shall pay fees prescribed by the Ordinance of the Ministry of Justice. <Newly Inserted by Act No. 10542, Apr. 5, 2011> |
| Article 4 (Work Experience) |
| (1) | To obtain qualification approval as a Foreign Legal Consultant, an applicant shall have at least three years of work experience in legal practices in his/her Country of Original License after obtaining his/her license as a Foreign Licensed Lawyer. |
| (2) | The time period during which an applicant practiced legal services with respect to the statutes of his/her Country of Original License in any country other than his/her Country of Original License may be included in the time period referred to in paragraph (1) as prescribed by the Presidential Decree. |
| (3) | If an applicant examines, researches or reports on the statutes of Country of Original License as his/her primary practice for his/her employer under an employment contract, that time period of practice, within the limit of two years, may be included in the time period referred to in paragraph (1) as prescribed by the Presidential Decree. |
| Article 5 (Reasons for Disqualification) |
A person who falls under any of the following subparagraphs shall not be eligible to qualify as a Foreign Legal Consultant: <Amended by Act No. 13715, Jan. 6, 2016>
| 1. | A person, with respect to any state, for whom it has not been five years since he/she was sentenced to imprisonment without prison labor or any heavier punishment and such punishment has been executed or decided not to be executed; |
| 2. | A person, with respect to any state, for whom it still is during the period of stay of execution since having been sentenced to imprisonment without prison labor or any heavier punishment or for whom it has not been two years since he/she was granted a stay of execution; |
| 3. | A person, with respect to any state, whose sentence to imprisonment without prison labor or any heavier punishment has been suspended; |
| 4. | A person, with respect to any state, for whom it has not been five years since he/she was dismissed from public service by impeachment, or three years since he/she was dismissed or imposed to any heavier disciplinary action; |
| 6. | A person under adult guardianship, under limited guardianship, under declaration of bankruptcy without rehabilitation or deemed likewise in accordance with the statutes of a Country of Original License. |
| Article 6 (Qualification Approval, etc.) |
| (1) | The Minister of Justice may grant qualification approval as a Foreign Legal Consultant if an applicant fulfills all of the requirements prescribed in each of the following subparagraphs: |
| 1. | Where the Country of Original License is a contracting party to a Free Trade Agreement, etc.; |
| 2. | Where the applicant's qualification as a Foreign Licensed Lawyer shall be valid in the Country of Original License; |
| 3. | Where the applicant has work experience prescribed in Article 4; |
| 4. | Where the applicant is not subject to any reason for disqualification prescribed in Article 5; |
| 5. | Where the applicant has a place in the Republic of Korea where documents, etc. can be served; |
| 6. | Where, if the applicant falls under Article 3 (2), he/she temporarily suspends or ceases his/her practice as Attorney-at-Law. |
| (2) | As the Minister of Justice grants qualification approval referred to in paragraph (1), he/she shall designate a Country of Original License on which an applicant can practice Foreign Legal Services. In such cases, if an applicant fulfills all requirements referred to in paragraph (1) in more than one country, the Minister may designate all countries thereof as Countries of Original License. |
| (3) | When the Minister of Justice determines whether to grant qualification approval, he/she may hear opinions of the President of the Korean Bar Association. |
| (4) | If the Minister of Justice denies qualification approval as the applicant fails to fulfill any of the requirements referred to in paragraph (1), he/she shall inform the applicant of his/her decision and reasons for the denial without delay. |
| Article 7 (Revocation of Qualification Approval) |
| (1) | The Minister of Justice shall revoke qualification approval of a Foreign Legal Consultant if the Foreign Legal Consultant falls under any of the following subparagraphs: |
| 1. | Where qualification as a Foreign Licensed Lawyer is voided or suspended; |
| 2. | Where reasons for disqualification referred to in Article 5 are found or have occurred. |
| (2) | The Minister of Justice may revoke qualification approval of a Foreign Legal Consultant if the Foreign Legal Consultant falls under any of the following subparagraphs: |
| 1. | Where an important part of an application for qualification approval or evidentiary document is omitted, or there are substantial reasons to deem the content of the application or evidentiary document to be false; |
| 2. | Where there is a concern that a Foreign Legal Consultant may cause damages to his/her client or a third party due to severe deterioration of his/her work capability or economic status and hence the revocation of qualification approval is deemed inevitable to prevent such damages; |
| 3. | Where a Foreign Legal Consultant fails to report or submit materials, or falsely reports or submits materials prescribed in Article 9 (1); |
| 4. | Where a Foreign Legal Consultant fails to apply for registration to the Korean Bar Association prescribed in Article 10, without good cause, within a year after his/her qualification was approved; |
| 5. | Where a Foreign Legal Consultant fails to register under Article 10 within three years since the valid period of the registration prescribed in Article 11 (2) expires. |
| (3) | The Minister of Justice shall hold a hearing when he/she intends to revoke qualification approval of a Foreign Legal Consultant prescribed in paragraph (2) subparagraph 1 through 3. |
| Article 8 (Public Announcement, etc.) |
| (1) | When the Minister of Justice grants or revokes qualification approval, he/she shall give a written notice to an applicant and the Korean Bar Association without delay, and publicly announce it on the Official Gazette. |
| (2) | Qualification approval and revocation shall take effect from the date of its public announcement. |
| Article 9 (Reporting, etc.) |
| (1) | The Minister of Justice may request an applicant or a Foreign Legal Consultant to report or submit relevant materials on matters in regard to approval or revocation of qualification. |
| (2) | The Minister of Justice may request administrative agencies or other public and private organizations to submit materials necessary for granting or revoking qualification approval. <Amended by Act No. 14056, Mar. 2, 2016> |
CHAPTER III REGISTRATION OF FOREIGN LEGAL CONSULTANT
| Article 10 (Application for Registration) |
| (1) | Any person who intends to commence practicing as a Foreign Legal Consultant shall obtain qualification approval referred to in Article 6 and register with the Korean Bar Association as a Foreign Legal Consultant. |
| (2) | Any person who intends to register under paragraph (1) shall apply for registration to the Korean Bar Association. In such cases, the applicant shall report the Country of Original License designated under Article 6 (2) to the Korean Bar Association. |
| Article 11 (Certificate of Registration, etc.) |
| (1) | If there is no reason to deny registration in accordance with Article 12 (1) upon application for registration filed under Article 10 (2), the Korean Bar Association shall register the applicant to the registry of Foreign Legal Consultants and issue a certificate of registration to the applicant without delay. In such cases, the Korean Bar Association shall indicate the Country of Original License referred to in Article 10 (2) on both the registry of Foreign Legal Consultants and the certificate of registration. |
| (2) | The valid period of the registration referred to in paragraph (1) shall be five years from the date of registration to the registry referred to in paragraph (1). |
| (3) | An application to renew the registration may be filed from one to six months before the date on which the valid period referred to in paragraph (2) expires. |
| (4) | When the Korean Bar Association registers or renews a registration, it shall give a written notice about its intent to the Minister of Justice. |
| (5) | The Korean Bar Association may collect fees prescribed by the Presidential Decree from an applicant for handling application for registration and for renewal of registration. |
| (6) | Other matters necessary for registration procedure of a Foreign Legal Consultants shall be determined by the Korean Bar Association. |
| Article 12 (Denial of Registration, etc.) |
| (1) | Where an applicant for registration prescribed in Article 10 (1) or for renewal of registration prescribed in Article 11 (3) falls under any of the following subparagraphs, the Korean Bar Association may deny his/her registration or renewal of registration through a resolution made by the Foreign Legal Consultant Registration Review Committee pursuant to Article 14. In such cases, the Korean Bar Association shall inform the applicant of the reasons without delay: |
| 1. | Where an applicant substantially lacks capability to perform the function of a Foreign Legal Consultant due to mental and physical disability; |
| 2. | Where it is acknowledged that an applicant is deemed substantially unfit to perform the function of a Foreign Legal Consultant because he/she, in any state at issue, was subject to criminal prosecution or disciplinary action (excluding removal or dismissal from office), or retired after committing a crime related to his/her duties as a public official; |
| 3. | Where qualification approval is revoked under Article 7; |
| 4. | Where it has not been two years since registration or renewal of registration is denied, or since registration is revoked under Articles 13 or 36. |
| (2) | Any applicant whose registration or renewal of registration is denied may file with the Minister of Justice an written objection accompanied with evidence within three months from the date on which the notice is served. |
| (3) | Where the Minister of Justice deems the objection referred to in paragraph (2) reasonable, he/she shall order the Korean Bar Association to register or renew the registration of the Foreign Legal Consultant. |
| Article 13 (Revocation of Registration) |
| (1) | The Korean Bar Association shall revoke registration if a Foreign Legal Consultant falls under any of the following subparagraphs: |
| 1. | Where a Foreign Legal Consultant is deceased; |
| 2. | Where a person does not hold qualification approval as a Foreign Legal Consultant or qualification approval as a Foreign Legal Consultant is revoked; |
| 3. | Where a Foreign Legal Consultant files an application for the revocation of registration; provided that, this shall not apply where reasonable grounds exist to deem that the application thereof is filed to avoid disciplinary actions; |
| 4. | Where a Foreign Legal Consultant qualified as an Attorney-at-Law registers with the Korean Bar Association as an Attorney-at-Law. |
| (2) | The Korean Bar Association may revoke registration of a Foreign Legal Consultant following a resolution made by the Foreign Legal Consultant Registration Review Committee pursuant to Article 14 if the Foreign Legal Consultant falls under any of the following subparagraphs: <Amended by Act No. 14056, Mar. 2, 2016> |
| 1. | Where he/she substantially lacks capability to perform the function of a Foreign Legal Consultant due to mental and physical disability; |
| 2. | Where it is acknowledged that an applicant is deemed substantially unfit to perform the function of a Foreign Legal Consultant because he/she, in any state at issue, was subject to criminal prosecution or disciplinary action (excluding removal or dismissal from office), or retired after committing a crime related to his/her duties as a public official; |
| (3) | If the Korean Bar Association revokes registration of a Foreign Legal Consultant in accordance with paragraph (1) (except paragraph (1) subparagraph 1) and (2), it shall give a written notice about its intent and reason for the revocation to the Foreign Legal Consultant (including his/her legal representative in cases of paragraph (2) 1; hereinafter the same shall apply to paragraph (4) and report it to the Minister of Justice without delay. |
| (4) | Upon receiving a notice prescribed in paragraph (3), a Foreign Legal Consultant shall return his/her certificate of registration to the Korean Bar Association without delay. |
| (5) | Article 12 (2) and (3), which stipulate filling written objections for denial of registration, etc., shall apply mutatis mutandis to revocation of registration. |
| Article 14 (Foreign Legal Consultant Registration Review Committee) |
| (1) | The Foreign Legal Consultant Registration Review Committee shall be established at the Korean Bar Association to review each of the following subparagraphs: |
| 1. | Matters with respect to denial of registration or denial of renewal of registration prescribed in Article 12; |
| 2. | Matters with respect to revocation of registration prescribed in the proviso of Article 13 (1) 3 and (2) of the the same Article. |
CHAPTER IV FOREIGN LEGAL CONSULTANT OFFICE
| Article 15 (Application for Establishment, etc.) |
| (1) | A Foreign Legal Consultant, who fulfills requirements prescribed in Article 16 (1) subparagraph 3 and belongs to a law office or a legal entity (hereinafter referred to as “Principal Office”) which is established with primary purpose of providing legal services in a Country of Original License, may establish a Foreign Legal Consultant Office by obtaining authorization for establishment from the Minister of Justice. |
| (2) | In order to obtain authorization to establish a Foreign Legal Consultant Office, a Foreign Legal Consultant who will be the representative of the office shall file a written application accompanied by evidentiary documents as prescribed by the Presidential Decree. |
| (3) | A Foreign Legal Consultant referred to in paragraph (1) shall not establish more than one Foreign Legal Consultant Office. |
| (4) | Every applicant shall pay fees prescribed by the Ordinance of the Ministry of Justice. <Newly Inserted by Act No. 10542, Apr. 5, 2011> |
| Article 16 (Authorization for Establishment) |
| (1) | The Minister of Justice may grant authorization to establish a Foreign Legal Consultant Office, if the office fulfills requirements prescribed in each of the following subparagraphs: <Amended by Act No. 14056, Mar. 2, 2016> |
| 1. | Where a Principal Office is duly established in a contracting party to a Free Trade Agreement, etc. in accordance with the statutes of the country and has operated normally for more than five years; |
| 2. | Where a Principal Office passes a resolution or decides to establish a representative office to provide Foreign Legal Services in the Republic of Korea; |
| 3. | Where a Foreign Legal Consultant, who will be the representative of a Foreign Legal Consultant Office, has at least five years of work experience in providing legal services including more than three years of work experience in the Country of Original License after obtaining a license as a Foreign Licensed Lawyer; |
| 4. | Where a Principal Office guarantees the payment arising from civil and commercial liabilities in relation to the business of the Foreign Legal Consultant Office. |
| (2) | When there are law office, local law office, local legal entity, branch office, suboffice, etc. established with primary purpose of providing legal services in numerous countries, the office where highest decisions are made shall be considered as the Principal Office. |
| (3) | When the representative position becomes vacant, such vacancy shall be rectified within three months therefrom. |
| Article 17 (Public Announcement, etc.) |
| (1) | If the Minister of Justice grants authorization for establishment of a Foreign Legal Consultant Office, he/she shall give a written notice thereof to both the applicant referred to in Article 15 (2) and to the Korean Bar Association without delay, and announce it on the Official Gazette. |
| (2) | Authorization for the establishment of a Foreign Legal Consultant Office shall take effect from the date its public announcement referred to in paragraph (1). |
| (3) | Other matters with respect to authorization to establish a Foreign Legal Consultant Office shall be prescribed by the Presidential Decree. |
| Article 18 (Registration of Foreign Legal Consultant Offices) |
| (1) | A representative of a Foreign Legal Consultant Office authorized for establishment shall apply for registration of the Foreign Legal Consultant Office to the Korean Bar Association within three months since the date on which its authorization is publicly announced. |
| (2) | Matters that shall be registered under paragraph (1) are prescribed in each of the following subparagraphs: |
| 1. | Purpose, name and location of the Foreign Legal Consultant Office; |
| 2. | Names and addresses of partners, and the address of the representative of the Foreign Legal Consultant Office; |
| 3. | Matters about the representative of the Foreign Legal Consultant Office; |
| 4. | Date(Year, month and day) of authorization to establish the Foreign Legal Consultant Office; |
| 5. | Name and location of the Principal Office. |
| (3) | When an application referred to in paragraph (1) is filed, the Korean Bar Association, except for special circumstances, shall promptly register the office at the registry of Foreign Legal Consultant Offices and issue the certificate of registration of the Foreign Legal Consultant Office to the applicant. |
| (4) | If there are changes in regard to registered matters, the representative of the Foreign Legal Consultant Office shall report such changes in writing to the Korean Bar Association within a month since the date of such change. |
| (5) | The Korean Bar Association shall keep documents referred to in each of the following subparagraphs and make them available for public viewing: <Amended by Act No. 10542, Apr. 5, 2011> |
| 1. | A document stating matters in paragraph (2); |
| 2. | A document for authorization for establishment or revocation prescribed in Article 16; |
| 3. | A document which proves that a Foreign Legal Consultant Office subscribes to the insurance or the mutual aid fund prescribed in Article 21; |
| (6) | Where the Korean Bar Association completes registration under paragraph (3), it shall give a written notice about its intent to the Minister of Justice. <Newly Inserted by Act No. 10542, Apr. 5, 2011> |
| (7) | Other matters necessary for the registration of Foreign Legal Consultant Offices shall be determined by the Korean Bar Association. <Amended by Act No. 10542, Apr. 5, 2011> |
| Article 19 (Revocation of Authorization for Establishment) |
| (1) | The Minister of Justice may revoke authorization for establishment, if a Foreign Legal Consultant Office falls under any of the following subparagraphs: <Amended by Act No. 10542, Apr. 5, 2011> |
| 1. | Where an important part of a written application for authorization for establishment or evidentiary document is omitted, or there are substantial reasons to deem the content of the application or evidentiary document to be false; |
| 2. | Where a Foreign Legal Consultant Office fails to fulfill requirements prescribed in each subparagraph of Article 16 (1); |
| 3. | Where a Foreign Legal Consultant Office, in violation of Article 16 (3), fails to fill the vacancy of the representative within three months; |
| 4. | Where a partner of a Foreign Legal Consultant Office or a non-partner Foreign Legal Consultant of a Foreign Legal Consultant Office violates Article 24 in relation to the business of the Foreign Legal Consultant Office; |
| 5. | Where a Foreign Legal Consultant Office fails to observe the supervision by the Minister of Justice prescribed in Article 32 (1) without any justifiable reasons and hence is deemed to have harmed public interest or gives rise to a concern that public interest is harmed; |
| 6. | Where a Foreign Legal Consultant Office violates Article 33 or 34; |
| 7. | Where a Foreign Legal Consultant Office handles a case, which concerns both domestic legal services and Foreign Legal Services, jointly with a law office, law firm, limited liability law firm or law firm partnership without registration and distributes profits accrued from the case thus violating Article 34-2 (1); |
| 8. | The representative of a Foreign Legal Consultant Office fails to file an application for registration with the Korean Bar Association within three months since the authorization for establishment, and thus violates Article 18 (1). |
| (2) | If a Principal Office establishes a Joint Venture Law Firm under Article 35-2, the Minister of Justice shall revoke authorization for establishment of a Foreign Legal Consultant Office established by the relevant Principal Office under Article 15. <Amended by Act No. 14056, Mar. 2, 2016> |
| (3) | Where authorization to establish a Foreign Legal Consultant Office is revoked under paragraphs (1) 1 through 7 or (2), it shall be deemed that registration with the Korean Bar Association is revoked. <Amended by Act No. 14056, Mar. 2, 2016> |
| (4) | The Minister of Justice shall hold a hearing when he/she intends to revoke any authorization for establishment of a Foreign Legal Consultant Office for any reason prescribed in paragraph (1). <Newly Inserted by Act No. 14056, Mar. 2, 2016> |
| (5) | Article 17 shall apply mutatis mutandis to revocation of authorization for establishment. |
| Article 20 (Office Staff) |
| (1) | A Foreign Legal Consultant Office may employ staffs for its office. |
| (2) | Article 22 (2), (4), and (5) of the Attorney-at-Law Act shall apply mutatis mutandis to office staff in a Foreign Legal Consultant Office. In such cases, “Attorney-at-Law” shall be construed as “representative of a Foreign Legal Consultant Office” and “head of local bar association” as “head of the Korean Bar Association”, respectively. |
| Article 21 (Liability for Damages regarding Accepted Cases) |
| (1) | In order to indemnify for damages arising from provision of Foreign Legal Services, operation, etc. of a Foreign Legal Consultant Office, partners of a Foreign Legal Consultant Office shall subscribe to an insurance or a mutual aid fund as prescribed by the Presidential Decree. |
| (2) | The representative of a Foreign Legal Consultant Office shall indicate specifics of its liability to indemnify for damages pursuant to paragraph (1) on any engagement agreement and advertisement as prescribed by the Presidential Decree. |
| Article 22 (Documenting a Case List, etc.) |
| Article 23 (Operation of Foreign Legal Consultant Offices, etc.) |
| (1) | A Foreign Legal Consultant Office shall not establish any branch office in the Republic of Korea. |
| (2) | Article 50 (1), (3) through (6), the main sentence of paragraph (7) and Article 52 of the Attorney-at-Law Act shall apply mutatis mutandis to the manner of provision of services by a Foreign Legal Consultant Office and the restriction of practice on its partners, etc. In such cases, under the forementioned Articles of the Attorney-at-Law Act that apply mutatis mutandis, “law firm” and “Attorney-at-Law” shall be construed as “Foreign Legal Consultant Office” and “Foreign Legal Consultant”, respectively. |
| (3) | With regard to a Foreign Legal Consultant Office (only in a case where the office is comprised of at least two partners), provisions on Partnership prescribed in the Civil Act shall apply mutatis mutandis to matters not otherwise prescribed in this Act. |
CHAPTER V RIGHTS AND OBLIGATIONS OF FOREIGN LEGAL CONSULTANT, ETC.
| Article 24 (Scope of Services) |
A Foreign Legal Consultant may provide services in each of the following subparagraphs: <Amended by Act No. 14056, Mar. 2, 2016>
| 1. | Legal advice on the statutes of the Country of Original License; |
| 2. | Legal advice on treaties to which the Country of Original License is a contracting party and on generally accepted customary international law |
| 3. | Representation in International Arbitration Cases; provided that, the services concerning the statutes of the Republic of Korea shall be excluded. |
| Article 24-2 (Representation in International Arbitration Case by Foreign Licensed Lawyer Who Is Not Foreign Legal Consultant) |
| (1) | A Foreign Licensed Lawyer (excluding persons who fall under any subparagraph of Article 5; hereinafter the same shall apply for this Article), who is not a Foreign Legal Consultant, may perform the services prescribed in Article 24 subparagraph 3. |
| (2) | A Foreign Licensed Lawyer in paragraph (1) shall not stay in the Republic of Korea for more than 90 days a year in regard to handling any of the services prescribed in Article 24 subparagraph 3; provided that, any period of stay in the Republic of Korea due to his/her own injury or illness, attending to or visiting a relative with injury or disease or any other inevitable circumstance shall not be calculated toward such period of stay. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 25 (Manners of Services) |
| (1) | A Foreign Legal Consultant may provide services in any of the following positions: <Amended by Act No. 14056, Mar. 2, 2016> |
| 1. | A partner of a Foreign Legal Consultant Office; |
| 2. | A non-partner Foreign Legal Consultant of a Foreign Legal Consultant; |
| 3. | A Foreign Legal Consultant belonging to a law office, a law firm, a limited liability law firm or a law firm partnership; |
| 4. | A Senior Foreign Legal Consultant (referring to a Foreign Legal Consultant who satisfies the requirements prescribed in Article 35-11 (1); hereinafter the same shall apply) of a Joint Venture Law Firm; |
| 5. | A Foreign Legal Consultant, who is not a Senior Foreign Legal Consultant, of a Joint Venture Law Firm. |
| (2) | A Foreign Legal Consultant shall not belong to, be employed by or hold a concurrent position at more than one Foreign Legal Consultant Office, law office, law firm, limited liability law firm, law firm partnership or Joint Venture Law Firm simultaneously. <Amended by Act No. 14056, Mar. 2, 2016> |
| Article 26 (Notice, etc.) |
| (1) | When a Foreign Legal Consultant commences his/her practice, suspends his/her practice temporarily or changes his/her place of work, he/she shall give a notice thereof to the Korean Bar Association without delay. |
| (2) | The Korean Bar Association, upon receiving the notice under paragraph (1), shall report it to the Minister of Justice without delay. |
| Article 27 (Indication of Qualification, etc.) |
| (1) | When indicating himself/herself in his/her practices, a Foreign Legal Consultant shall use a title which combines the name of the Country of Original License, which is commonly used in the Republic of Korea (if the Country of Original License is a part of one country such as a province, state, prefecture or autonomous district, etc., the name of that country may be used as the name of Country of Original License; hereinafter the same shall apply in this Article), and “Beopjamunsa (legal consultant)” as suffix. In such cases, in addition to the above title, the Foreign Legal Consultant may add, in parenthesis, a title of a Foreign Licensed Lawyer used at the Country of Original License in the language of the Country of Original License and, following this title, may also add the name of the Country of Original License, which is commonly used in the Republic of Korea, combined with “Byeonhosa (Attorney-at-Law)” as suffix. <Amended by Act No. 14056, Mar. 2, 2016> |
| (2) | A Foreign Legal Consultant Office shall use a title which combines the name of the Principal Office with “Oegukbeopjamunbeopryulsamuso (Foreign Legal Consultant Office)” as suffix. In such cases, the title may be accompanied by the name of the region where the Foreign Legal Consultant Office is located. <Amended by Act No. 10542, Apr. 5, 2011> |
| (3) | While providing his/her or its services, a Foreign Legal Consultant or a Foreign Legal Consultant Office office shall not use any title or indication in a way other than how it is prescribed in paragraphs (1) and (2). |
| (4) | In order for ordinary people to easily recognize, a Foreign Legal Consultant Office shall indicate its partners, Foreign Legal Consultants and their Countries of Original License at an appropriate place both inside and outside of the office. |
| (5) | A Joint Venture Law Firm shall indicate all of its Joint Venture Participants, Senior Attorneys-at-Law, Attorneys-at-Law, Senior Foreign Legal Consultants and Foreign Legal Consultants (in a case of a Foreign Legal Consultant, his/her Country of Original License designated by the Minister of Justice under Article 6 (2) shall be included in the indication). <Amended by Act No. 14056, Mar. 2, 2016> |
| (6) | A Foreign Legal Consultant or a Joint Venture Law Firm shall clarify to his/her or its clients his/her or its Country of Original License (in a case of a Joint Venture Law Firm, the Country of Original License of the Foreign Legal Consultant In Charge shall be indicated) and scope of legal service before entering a contract for Foreign Legal Services, etc. with the clients. <Newly Inserted by Act No. 14056, Mar. 2, 2016> |
| (7) | Any person, other than a Foreign Legal Consultant, shall not use any title or indication which might cause him/her to be misconceived as a Foreign Legal Consultant. |
| Article 28 (Ethical Standard, etc.) |
| (1) | A Foreign Legal Consultant shall not engage in any conduct that compromises his/her dignity. |
| (2) | A Foreign Legal Consultant shall not conceal the truth or make false statements while performing his/her duties. |
| (3) | A Foreign Legal Consultant shall observe the Code of Ethics set by the Korean Bar Association. |
| Article 29 (Requirement on Stay) |
| (1) | A Foreign Legal Consultant shall stay in the Republic of Korea for at least 180 days per year from the date he/she commences his/her practice. |
| (2) | If a Foreign Legal Consultant stays overseas due to his/her injury or illness, attending to or visiting injured or ill relatives, or other inevitable circumstances, such period spent overseas shall be considered as staying in the Republic of Korea. |
| Article 30 (Confidentiality Obligation) |
A person who is or was a Foreign Legal Consultant shall not disclose any confidential information of which he/she becomes aware in relation to his/her practice; provided that, this shall not apply if other Acts stipulate otherwise.
| Article 31 (Advertisement) |
| (1) | A Foreign Legal Consultant, a Foreign Legal Consultant Office, or a Joint Venture Law Firm may advertise his/her or its partner’s (in cases of a Joint Venture Law Firm, this refers to its Joint Venture Participants, Senior Attorneys-at-Law and Senior Foreign Legal Consultants) Country of Original License, educational background, career, expertise, performance record and other matters necessary for advertising his/her or its services through media such as broadcasts, newspapers, magazines, computer communications, etc. <Amended by Act No. 14056, Mar. 2, 2016> |
| (2) | In order to review matters on advertisement referred to in paragraph (1), the Foreign Legal Consultant Advertisement Review Committee shall be established at the Korean Bar Association. |
| (3) | Article 23 (2) and (4) of the Attorney-at-Law Act shall apply mutatis mutandis to the advertisement of a Foreign Legal Consultant. In such cases, “Attorney-at-Law” or “Attorney-at-Law, etc.” shall be construed as “Foreign Legal Consultant”, “Foreign Legal Consultant Office” or “Joint Venture Law Firm”, respectively. <Amended by Act No. 14056, Mar. 2, 2016> |
| Article 32 (Supervision, etc., by the Minister of Justice) |
| (1) | Any Foreign Legal Consultant, Foreign Legal Consultant Office and Joint Venture Law Firm shall be subject to the supervision of the Minister of Justice and the Korean Bar Association with respect to his/her and its activities. <Amended by Act No. 14056, Mar. 2, 2016> |
| (2) | The Korean Bar Association, upon becoming aware that a Foreign Legal Consultant, a Foreign Legal Consultant Office or a Joint Venture Law Firm violates any obligation prescribed in this Act, shall report it to the Minister of Justice. <Amended by Act No. 14056, Mar. 2, 2016> |
| Article 33 (Obligation of Submitting Materials) |
When the Minister of Justice or the Korean Bar Association requires a Foreign Legal Consultant, a Foreign Legal Consultant Office or a Joint Venture Law Firm to submit information on the current status of his/her or its practice and property, details of matters being handled and accounting records and other necessary materials with clarifications on reasons for supervision referred to in Article 32 (1), the Foreign Legal Consultant, the Foreign Legal Consultant Office or the Joint Venture Law Firm shall comply with such request. <Amended by Act No. 14056, Mar. 2, 2016>
| Article 34 (Prohibition of Employment, Partnership, Concurrent Positions, etc.) |
| (1) | A Foreign Legal Consultant or a Foreign Legal Consultant Office shall not employ any Attorney-at-Law, certified judicial scrivener, patent attorney, certified public accountant, certified tax accountant or licensed customs broker. |
| (2) | A Foreign Legal Consultant or a Foreign Legal Consultant Office shall not jointly handle any case with or distribute payment or profit from any case to any Attorney-at-Law, certified judicial scrivener, patent attorney, certified public accountant, certified tax accountant and licensed customs agent in any manner including partnership, affiliation, establishment of comprehensive collaboration relationship, joint acceptance of cases and any other forms. |
| (3) | A Foreign Legal Consultant or a Foreign Legal Consultant Office shall not make a contract of association with, establish a corporation with, hold equity shares of or delegate management rights to any Attorney-at-Law, law firm, limited liability law firm, law firm partnership, certified judicial scrivener, certified judicial scrivener firm, limited liability certified judicial scrivener firm, patent attorney, patent firm, limited liability patent firm, certified public accountant, accounting firm, certified tax accountant, tax firm, licensed customs agent and customs firm; nor in any other manner shall he/she or it jointly establish and operate, or have a partnership with any law office, law firm, limited liability law firm, law firm partnership, certified judicial scrivener office, certified judicial scrivener firm, limited liability certified judicial scrivener firm, patent attorney office, patent firm, limited liability patent firm, certified public accountant office, accounting firm, certified tax accountant office, tax firm, licensed customs agent office and customs firm. <Amended by Act No. 11962, Jul. 30, 2013> |
| Article 34-2 (Joint Handling of Cases, etc. by Foreign Legal Consultant Office) |
| (1) | Notwithstanding Article 34 (2), if a Foreign Legal Consultant Office whose Principal Office is established and operated in a contracting party to a Free Trade Agreement, etc., publicly notified by the Minister of Justice in accordance with the Free Trade Agreement, etc., registers in advance for joint handling of cases, etc. as provided in Article 34-3 with the Korean Bar Association (hereinafter referred to as “registration for joint handling of cases, etc.), the Foreign Legal Consultant Office may jointly handle a case which concerns both domestic legal services and Foreign Legal Services with a law office, a law firm, a limited liability law firm or a law firm partnership based on a separate contract for each case and may distribute profits incurred therefrom. |
| (2) | Where a partner or a non-partner Foreign Legal Consultant of a Foreign Legal Consultant Office handles a case pursuant to paragraph (1), he/she shall not unjustly interfere in legal services handled by an Attorney-at-Law of a law office, a law firm, a limited liability law firm or a law firm partnership beyond the scope of practice prescribed by Article 24. |
[This Article Newly Inserted by Act No. 10542, Apr. 5, 2011]
| Article 34-3 (Registration for Joint Handling of Cases, etc.) |
| (1) | A representative of a Foreign Legal Consultant Office who intends to jointly handle a case, etc. shall file a written application for registration for joint handling of cases, etc. |
| (2) | Upon receiving an application referred to in paragraph (1), the Korean Bar Association, unless an exceptional circumstance exists, shall register the office at the registry of Foreign Legal Consultant Offices without delay, issue the applicant with a certificate and send a written notice about its intent to the applicant and the Minister of Justice. |
| (3) | Other matters, except for what is prescribed by paragraphs (1) and (2), necessary for procedures of registration for joint handling of cases, etc. by a Foreign Legal Consultant Office shall be determined by the Korean Bar Association. |
[This Article Newly Inserted by Act No. 10542, Apr. 5, 2011]
| Article 34-4 (Revocation of Registration for Joint Handling of Cases, etc.) |
| (1) | Where the Principal Office of a Foreign Legal Consultant Office which is registered to jointly handle cases, etc. is not established and operated in a contracting party o a Free Trade Agreement, etc. prescribed by the Minister of Justice, the Minister of Justice may order the Korean Bar Association to revoke the registration thereof. |
| (2) | Where the Korean Bar Association is ordered to revoke the registration under paragraph (1) or a reason for order to revoke the registration exists, it shall revoke the registration for joint handling of cases, etc. |
| (3) | Where the Korean Bar Association revokes registration for joint handling of cases, etc. pursuant to paragraph (2), it shall send a written notice about its intent and reasons to the relevant Foreign Legal Consultant Office without delay and report it to the Minister of Justice. |
| (4) | Article 12 (2) and (3) shall apply mutatis mutandis to an application for any objection to revocation of registration under paragraph (2). |
[This Article Newly Inserted by Act No. 10542, Apr. 5, 2011]
| Article 34-5 (Report on Joint Handling of Cases, etc.) |
| (1) | By January 31st of each year, a representative of a Foreign Legal Consultant Office, which is registered for joint handling of cases, etc., shall report to the Korean Bar Association name and location of a legal office, a law firm, a limited liability law firm or a law firm partnership that is a party to a contract, date when a contract was entered, and other matters determined by the Korean Bar Association in regards to the contract, pursuant to Article 34-2 (1), that the Foreign Legal Consultant Office entered in the previous year. |
| (2) | Upon receipt of a report pursuant to paragraph (1), the Korean Bar Association shall send a written notice on its intent to the Minister of Justice. |
| (3) | Other matters, except for what is prescribed in paragraphs (1) and (2), necessary for procedures to report on joint handling of cases, etc. of a Foreign Legal Consultant Office shall be determined by the Korean Bar Association. |
[This Article Newly Inserted by Act No. 10542, Apr. 5, 2011]
| Article 35 (Application Mutatis Mutandis of the Attorney-at-Law Act) |
Articles 28-2, 30 through 34 and 38 of the Attorney-at-Law Act shall apply mutatis mutandis to the duties, etc. of a Foreign Legal Consultant. In such cases, for the relevant provisions of the Attorney-at-Law Act that apply mutatis mutandis, “Attorney-at-Law” shall be construed as “Foreign Legal Consultant”, “law office” as “Foreign Legal Consultant Office” and “affiliated local bar association” as “the Korean Bar Association”, respectively. <Amended by Act No. 14056, Mar. 2, 2016>
CHAPTER V-2 JOINT VENTURE LAW FIRM
| Article 35-2 (Establishment) |
| (1) | A law firm, a limited liability law firm, or a law firm partnership may establish a Joint Venture Law Firm with an entity, regardless of its legal form, established with the primary purpose of providing legal services in a contracting party to a Free Trade Agreement, etc. publicly notified by the Minister of Justice. |
| (2) | Where a Foreign Participant of a Joint Venture has a law office, a local law office, a local legal entity, a branch office, a suboffice, etc. established with primary purpose of practicing legal services in numerous different countries, a contracting party to a Free Trade Agreement, etc. in paragraph (1) shall be determined by which country the highest decision-making office is located in. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-3 (Applications for Establishment, etc.) |
| (1) | In order to establish a Joint Venture Law Firm, a Joint Venture Participants shall prepare the articles of incorporation and obtain authorization from the Minister of Justice through the local bar association at the seat of its Principal Office and the Korean Bar Association. The same shall also apply where the Joint Venture Law Firm intends to amend the articles of incorporation. |
| (2) | In order to obtain authorization for establishment of a Joint Venture Law Firm or amendment to its articles of incorporation, a Joint Venture Participant shall file a written application accompanied by evidentiary documents prescribed by the Presidential Decree. |
| (3) | The valid period of authorization under paragraph (1) shall be five years from the date the Minister of Justice grants an authorization for establishment. |
| (4) | An application for renewal of authorization for establishment may be filed five to ten months before the valid period prescribed in paragraph (3) expires. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-4 (Matters to be Included in Articles of Incorporation) |
The articles of incorporation of a Joint Venture Law Firm shall include the following:
| 1. | Purposes, names and locations of the Principal Office and branch offices; |
| 2. | Names, registration numbers (or numbers equivalent of registration numbers, if registration number is not issued) and addresses of the Principal Offices of all Joint Venture Participants; |
| 3. | Types, value or standards for assessment of investment and share ratio; |
| 4. | Matters concerning joining of and withdrawing from Joint Ventures by Joint Venture Participants and other changes; |
| 5. | Matters concerning conferences of Joint Venture Participants; |
| 6. | Name and resident registration number (if a foreigner, date of birth) of a Senior Attorney-at-Law (referring to an Attorney-at-Law qualified under Article 35-11 (1); hereinafter the same shall apply) and a Senior Foreign Legal Consultant of the Joint Venture Law Firm, and the address of the representative; |
| 7. | Matters concerning rights and obligations of Senior Attorneys-at-Law and Senior Foreign Legal Consultants of the Joint Venture Law Firm; |
| 8. | Matters concerning a representative of a Joint Venture Law Firm; |
| 9. | Matters concerning assets and accounting; |
| 10. | If a term of existence or reason for dissolution is stipulated, such term or reason. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-5 (Registration) |
| (1) | A Joint Venture Law Firm shall complete the establishment registration within two weeks since obtaining authorization for establishment. The same shall also apply if there is any change to contents of registration. |
| (2) | Contents of registration under paragraph (1) shall be as follows: |
| 1. | Purposes, names and locations of the Principal Office and branch offices; |
| 2. | Names, registration numbers (or numbers corresponding to registration numbers, if registration number is not issued) and addresses of the Principal Offices of all Joint Venture Participants; |
| 3. | Types and value of investment and a portion of investment which is already made; |
| 4. | Name and resident registration number (if a foreigner, date of birth) of a Senior Attorney-at-Law and a Senior Foreign Legal Consultant of the Joint Venture Law Firm, and the address of the representative; |
| 5. | Matters concerning a representative of a Joint Venture Law Firm; |
| 6. | If it is stipulated that more than one person become co-representatives of the Joint Venture Law Firm, the relevant provision; |
| 7. | Where a term of existence or reason for dissolution is stipulated, such term or reason; |
| 8. | Date(year, month and day) of authorization for establishment. |
| (3) | A Joint Venture Law Firm shall be duly formed upon completing a registration for its establishment at the seat of its Principal Office. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| (1) | A Joint Venture Law Firm shall specify the names of all Joint Venture Participants (including a short title which is commonly used) in parallel with its name and shall use the words “Hapjakbeobmubeobin (Joint Venture Law Firm)” in its name. |
| (2) | An entity who is not a Joint Venture Law Firm shall not use the name “Hapjakbeobmubeobin (Joint Venture Law Firm)” or any similar name. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-7 (Composition of Joint Venture Law Firms) |
| (1) | A Joint Venture Law Firm shall be comprised of at least one Local Participant of a Joint Venture and at least one Foreign Participant of a Joint Venture. |
| (2) | A Joint Venture Participant shall not establish more than one Joint Venture Law Firm. |
| (3) | Where a Joint Venture Law Firm becomes unable to satisfy a requirements for Joint Venture Participants prescribed in paragraph (1), it shall replenish an alternative Joint Venture Participant within three months. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-8 (Joint Venture Participants) |
| (1) | A Local Participant of a Joint Venture to establish a Joint Venture Law Firm shall satisfy requirements in each of the following subparagraphs; |
| 1. | Where it is duly established under the Attorney-at-Law Act and has been normally operating for at least three years; |
| 2. | Where it has at least five Attorneys-at-Law, each of whom has been in a position prescribed in any subparagraph of Article 42 (1) of the Court Organization Act for at least five years in total, and at least three of them are partners of the Local Participant of a Joint Venture; |
| 3. | Where the highest decision-making body of its Principal Office has adopted a resolution or decided to establish a Joint Venture Law Firm; |
| 4. | Where it has been in operation satisfying each of the following items: |
| (a) | Where it has not received any disciplinary action or criminal punishment under the Attorney-at-Law Act during the recent five years; provided that, where there has been any disciplinary action or criminal punishment of a fine not exceeding three million Korean Won, a case with minor causes, prescribed by the Presidential Decree in consideration of contents, motives, etc. of a causal action for the disciplinary action or the criminal punishment, shall be excluded; |
| (b) | Where the representative has not received any disciplinary action or sentence to imprisonment without labor or any heavier punishment in regard to his/her practice under the Attorney-at-Law Act during the recent five years; provided that, a case with minor causes, prescribed by the Presidential Decree in consideration of contents, motives, etc. of a causal action for the disciplinary action or the criminal punishment, shall be excluded; |
| 5. | Where a Local Participant of a Joint Venture has expertise suitable for providing services as a Joint Venture Law Firm in regard to composition of human resources, previous cases of practice, practice capability, etc. |
| (2) | A Foreign Participant of a Joint Venture to establish a Joint Venture Law Firm shall satisfy requirements in each of the following subparagraphs; |
| 1. | Where it is duly established under statutes of a contracting party to a Free Trade Agreement, etc. and has been operating normally for at least three years; |
| 2. | Where it has at least five Foreign Licensed Lawyers, each of whom has provided legal services for at least five years after being licensed as a Foreign Licensed Lawyer and where at least three of them are partners of the Foreign Participant of a Joint Venture; |
| 3. | Where the highest decision-making body of its Principal Office has adopted a resolution or decided to establish a Joint Venture Law Firm; |
| 4. | Where it has been in operating satisfying each of the following items: |
| (a) | Where, in any state at issue, it has not received any disciplinary action or disposition equivalent of criminal punishment under the Attorney-at-Law Act (including any statutes of foreign countries equivalent to this Act or the Attorney-at-Law Act) during the recent five years; provided that, cases with minor causes, prescribed by the Presidential Decree in consideration of contents, motives, etc. of a causal action for disciplinary action or criminal punishment, shall be excluded; |
| (b) | Where, in any state at issue , the representative has not received any disciplinary action or disposition equivalent of imprisonment without labor or any heavier punishment under the Attorney-at-Law Act (including any statute of foreign countries equivalent to this Act or the Attorney-at-Law Act) during the recent five years; provided that, cases with minor causes, prescribed by the Presidential Decree in consideration of contents, motives, etc. of a causal action for the disciplinary action or criminal punishment, shall be excluded; |
| 5. | Where a Foreign Participant of a Joint Venture has expertise suitable for practicing services as a Joint Venture Law Firm in regard to composition of human resources, previous cases of practice, practice capability, etc. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-9 (Joining of Joint Venture Participants) |
| (1) | An entity who intends to join a Joint Venture may join the Joint Venture Law Firm after obtaining consensus from all of the Joint Venture Participants and authorization from the Minister of Justice. |
| (2) | A Joint Venture Participant that newly joins a Joint Venture Law Firm shall satisfy the requirements prescribed in Article 35-8. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-10 (Withdrawal of Joint Venture Participants) |
| (1) | A Joint Venture Participant may withdraw from the Joint Venture at its will; provided that, it shall give a six-month prior notice. |
| (2) | A Local Participant of a Joint Venture shall mandatorily withdraw from the Joint Venture when it falls under any of the following subparagraphs: |
| 3. | Where any reason for withdrawal prescribed by the articles of incorporation of the Joint Venture Law Firm arises. |
| (3) | A Foreign Participant of a Joint Venture shall mandatorily withdraw from the Joint Venture when it falls under any of the following subparagraphs: |
| 1. | Where it is dissolved under statutes of a contracting party to a Free Trade Agreement, etc. or any equivalent situation arises; |
| 2. | Where it receives an order to suspend its business under statutes of a contracting party to a Free Trade Agreement, etc. or any equivalent situation arises; |
| 3. | Where any reason for withdrawal prescribed in the articles of incorporation of the Joint Venture Law Firm arises. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-11 (Senior Attorneys-at-Law and Senior Foreign Legal Consultants) |
| (1) | Notwithstanding Article 34 (4) of the Attorney-at-Law Act, a Joint Venture Law Firm shall have at least two Senior Attorneys-at-Law and Senior Foreign Legal Consultants that satisfy all of the following requirements: |
| 1. | Where they are partners of the Joint Venture Participants; |
| 2. | Where each of them has been in a position prescribed in any subparagraph of Article 42 (1) of the Court Organization Act for at least five years in total or has practiced legal services for at least five years, which shall include at least two years in the Country of Original License, after obtaining a license as a Foreign Licensed Lawyer; |
| 3. | Where, in a case of a Foreign Legal Consultant, his/her Country of Original License is a contracting party to a Free Trade Agreement, etc. publicly notified by the Minister of Justice pursuant to Article 35-2 (1). |
| (2) | The number of Senior Foreign Legal Consultants in a Joint Venture Law Firm shall not exceed the number of Senior Attorneys-at-Law. |
| (4) | Where a Joint Venture Law Firm fails to satisfy any of the requirements for the number of Senior Attorneys-at-Law or Senior Foreign Legal Consultants prescribed in paragraphs (1) and (2), it shall rectify them within three months. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-12 (Hired Attorneys-at-Law and Hired Foreign Legal Consultants) |
| (1) | Notwithstanding Article 34 (4) of the Attorney-at-Law Act, a Joint Venture Law Firm may have Hired Attorneys-at-Law who are not Senior Attorneys-at-Law and Hired Foreign Legal Consultants who are not Senior Foreign Legal Consultants. |
| (2) | In a case of a Foreign Legal Consultant in paragraph (1), the home country of its license shall be a contracting party to a Free Trade Agreement, etc. publicly notified by the Minister of Justice in accordance with Article 35-2 (1). |
| (3) | The number of Hired Foreign Legal Consultants of a Joint Venture Law Firm shall not exceed the number of Hired Attorneys-at-Law. |
| (4) | Where a Joint Venture Law Firm fails to satisfy the requirements prescribed in paragraph (3), it shall rectify it within three months. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-13 (Representative) |
A representative of a Joint Venture Law Firm shall be elected at a conference of Joint Venture Participants (referring to a conference comprised of persons representing Joint Venture Participants; hereinafter the same shall apply) from persons who satisfy all of the following requirements:
| 1. | Where he/she is a Senior Attorney-at-Law or a Senior Foreign Legal Consultant; |
| 2. | Where, in a case of a Foreign Legal Consultant, his/her Country of Original License shall be a country where the Foreign Participant of the Joint Venture is located under Article 35-2 (2). |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-14 (Office Staff) |
| (1) | A Joint Venture Law Firm may employ staffs for its office. |
| (2) | Article 22 (2) through (5) of the Attorney-at-Law Act shall apply mutatis mutandis to office staff of a Joint Venture Law Firm. In such cases, “Attorney-at-Law” shall be construed as “Joint Venture Law Firm” and “president of a local bar association” as “president of the Korean Bar Association”, respectively. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| (1) | A Joint Venture Law Firm may establish branch offices. |
| (2) | Where a Joint Venture Law Firm opens or relocates its office, or establishes a branch office, it shall report it to the Minister of Justice through the local bar association in at the seat of its Principal Office and the Korean Bar Association without delay. |
| (3) | An Attorney-at-Law or a Foreign Legal Consultant of a Joint Venture Law Firm shall not establish any office, regardless of its legal form, other than the Joint Venture Law Firm whose primary purpose is to provide legal services. |
| (4) | The standards for establishing branch offices in paragraph (1) shall be prescribed by the Presidential Decree. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| (1) | A Foreign Participant of a Joint Venture shall not hold more than 49/100 of shares of the Joint Venture Law Firm. |
| (2) | When there are multiple Foreign Participants of a Joint Venture in a Joint Venture Law Firm, the share ratio shall be based on the combined shares of respective Foreign Participants of a Joint Venture in applying paragraph (1). |
| (3) | A Joint Venture Participant that fails to obtain consensus from all other Joint Venture Participants shall not transfer its shares, whether in part or in total. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-17 (Exercise of Voting Right) |
| (1) | A Joint Venture Participant shall exercise its voting right in accordance with its share ratio at a conference of Joint Venture Participants. |
| (2) | A conference of Joint Venture Participants shall adopt a resolution by the majority of all voting rights. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-18 (Profit Distribution) |
Notwithstanding Article 34 (5) of the Attorney-at-Law Act, all Joint Venture Participants shall distribute profits according to the share ratio, unless stipulated otherwise by the articles of incorporation. [This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-19 (Scope of Service) |
A Joint Venture Law Firm may provide legal services, excluding each of the following subparagraphs, to the extent they do not conflict with this Act or other statutes;
| 1. | Representation in judicial procedures or legal procedures at the State, local governments and other public institutions, and preparation of legal documents for such procedures; |
| 3. | Legal advice on labor area; |
| 4. | Representation for affairs with the main purpose of acquiring, forfeiting or changing real property right, intellectual property right, mining right and other rights which require registration or recording with an administrative agency as requisite for establishment or prevalence against third parties and preparation of documents for such purposes; |
| 5. | Representation for affairs about relative relation and inheritance cases where a citizen of the Republic of Korea is a relevant party or where the related property is located in the Republic of Korea, and preparation of documents for such affairs. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-20 (Manner of Service) |
| (1) | A Joint Venture Law Firm shall provide its services in the name of the law firm and designate an Attorney-at-Law to be in charge of that services (hereinafter referred to as “Attorney-at-Law In Charge”) or a Foreign Legal Consultant to be In Charge of that service(hereinafter referred to as “Foreign Legal Consultant In Charge”). An Attorney-at-Law or a Foreign Legal Consultant of the Joint Venture Law Firm shall be designated jointly with a Senior Attorneys-at-Law or a Senior Foreign Legal Consultants. |
| (2) | A Foreign Legal Consultant, while being designated in accordance with paragraph (1), shall not be designated as a Foreign Legal Consultant In Charge of services other than those prescribed in Article 24. |
| (3) | When a Joint Venture Law Firm provides any services prescribed in Article 49 (2) of the Attorney-at-Law Act, it shall designate a person to be in charge of services from Attorneys-at-Law who can provide such service. |
| (4) | When a Joint Venture Law Firm fails to designate an Attorney-at-Law In Charge or a Foreign Legal Consultant In Charge, as prescribed in paragraph (1), all Senior Attorneys-at-Law and all senior legal consultants shall be deemed to be designated as Attorneys-at-Law In Charge and Foreign Legal Consultants In Charge; provided that, in cases of services other than those prescribed in Article 24, all Senior Attorneys-at-Law shall be deemed designated as Attorneys-at-Law In Charge. |
| (5) | When an Attorney-at-Law In Charge or a Foreign Legal Consultant In Charge is unable to assume his/her provision of legal services, a Joint Venture Law Firm shall promptly designate another Attorney-at-Law In Charge or Foreign Legal Consultant In Charge pursuant to paragraph (1). |
| (6) | Paragraph (4) shall apply mutatis mutandis if a Joint Venture Law Firm fails to designate an Attorney-at-Law In Charge or a Foreign Legal Consultant In Charge as prescribed in paragraph (5). |
| (7) | When a Joint Venture Law Firm designates an Attorney-at-Law In Charge or a Foreign Legal Consultant In Charge under paragraphs (1) through (6), it shall promptly send a written notice to the client. The same shall also apply to a case where an Attorney-at-Law In Charge or a Foreign Legal Consultant In Charge is changed. |
| (8) | An Attorney-at-Law In Charge or a Foreign Legal Consultant In Charge shall represent the Joint Venture Law Firm respectively when he/she provides his/her designated services. |
| (9) | A Joint Venture Law Firm shall indicate its name on every document that it produces in connection with its practice, and an Attorney-at-Law In Charge and a Foreign Legal Consultant In Charge shall affix his/her name and seal or sign it. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-21 (Prohibition of Unjust Interference) |
In handling any legal services other than those prescribed in Article 24, a Foreign Legal Consultant of a Joint Venture Law Firm shall not give an order to or unjustly interfere with an Attorney-at-Law of the Joint Venture Law Firm with respect to his/her practices. [This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-22 (Restrictions on Practices of Attorney-at-Law and Foreign Legal Consultant) |
| (1) | An Attorney-at-Law or a Foreign Legal Consultant of a Joint Venture Law Firm shall not provide any services as an Attorney-at-Law or a Foreign Legal Consultant on his/her own or a third person's account; provided that, if a Senior Attorney-at-Law or Senior Foreign Legal Consultant holds a concurrent position as a partner of a Joint Venture Participant, cases in which he/she provides any services on the account of the relevant Joint Venture Participant shall be excluded. |
| (2) | A former Attorney-at-Law or a former Foreign Legal Consultant of any Joint Venture Law Firm shall not provide any services as an Attorney-at-Law or a Foreign Legal Consultant in regard to any case that the law firm has approved to accept after consultation while he/she belonged to the relevant Joint Venture Law Firm. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-23 (Separate Practice by Local Participant of Joint Venture Law Firm) |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-24 (Documenting and Maintaining Matter List) |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-25 (Restriction on Acceptance of Case) |
A Joint Venture Law Firm shall not provide services with respect to any of the following cases; provided that, the same shall not apply to cases falling under subparagraph 2 if the client of the already accepted case consents thereto:
| 1. | A case brought by the opposing party of the case which has already been accepted (including cases a Joint Venture Participant has approved to accept) after consulting the other party of the case; |
| 2. | A case brought by the opposing party of another case which has already been accepted (including cases that a Joint Venture Participant has already accepted); |
| 3. | A case which a Senior Attorney-at-Law, a Senior Foreign Legal Consultant, an Attorney-at-Law, or a Foreign Licensed Lawyer (including a partner or a lawyer of a Local Participant of a Joint Venture and a partner, a Foreign Legal Consultant or an Attorney-at-Law of a Foreign Participant of a Joint Venture) handles or begins to handle as a public official, a mediator or an arbitrator. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-26 (Prohibition of Employment, Partnership, Concurrent Positions, etc.) |
| (1) | A Joint Venture Law Firm shall not employ any certified judicial scrivener, patent attorney, certified public accountant, certified tax accountant or customs broker. |
| (2) | A Joint Venture Law Firm shall not jointly handle any case with or distribute payment or profit from any case to any certified judicial scrivener, patent attorney, certified public accountant, certified tax accountant, and licensed customs agent in any manner including partnership, business affiliation, establishment of comprehensive collaboration relationship, joint acceptance of cases and any other forms. |
| (3) | A Joint Venture Law Firm shall not make contract of association with, establish a corporation with, hold equity shares of or delegate management rights to any Attorney-at-Law, law firm, limited liability law firm, law firm partnership, certified judicial scrivener, joint firm of certified judicial scriveners, patent attorney, patent firm, limited liability patent firm, certified public accountant, accounting firm, certified tax accountant, tax firm, licensed customs agent and licensed customs firm; nor in any manner shall it jointly establish and operate, or have a partnership with any certified judicial scrivener office, joint firm of certified judicial scriveners, patent lawyer's office, patent firm, limited liability patent firm, certified public accountant office, accounting firm, certified tax accountant office, tax firm, licensed customs agent office and customs firm. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-27 (Reporting, etc.) |
| (1) | A Joint Venture Law Firm shall report any change in the following matters to the Minister of Justice; |
| 4. | Other matters concerning authorization to establish a Joint Venture Law Firm. |
| (2) | The Minister of Justice may request a Joint Venture Law Firm to submit relevant materials in order to confirm matters prescribed in paragraph (1). |
| (3) | The Minister of Justice may request any administrative agency or other public or private organization to submit materials necessary for granting or revoking authorization for establishment. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-28 (Liability for Damages) |
| (1) | If a person who represents a Joint Venture Law Firm (including an Attorney-at- Law In Charge and a Foreign Legal Consultant In Charge) causes any damage to a third person in the course of his/her practice, the Joint Venture Law Firm and the representative shall be held jointly and severally liable to compensate such loss. |
| (2) | In order to guarantee indemnification of damages related to its practice, operation, etc., a Joint Venture Law Firm shall subscribe to an insurance or a mutual aid fund as prescribed by the Presidential Decree. |
| (3) | A Joint Venture Law Firm shall indicate specifics of its liability to indemnify for damages pursuant to paragraph (2) on any engagement agreement and advertisement as prescribed by the Presidential Decree. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-29 (Revocation of Authorization for Establishment) |
| (1) | The Minister of Justice may revoke authorization for establishment if a Joint Venture Law Firm falls under each of the following subparagraphs; provided that, in a case of subparagraph 2, he/she shall revoke the authorization for establishment; |
| 1. | Where any important part of a written application for authorization for establishment or evidentiary document is omitted, or there are reasonable grounds to deem the content of the application or evidentiary document to be false; |
| 2. | Where a Joint Venture Participant establishes more than one Joint Venture Law Firm in violation of Article 35-7 (2); |
| 3. | Where it fails to replenish a Joint Venture Participant within three months in violation of Article 35-7 (3); |
| 4. | Where a Joint Venture Participant fails to satisfy the requirements prescribed in Article 35-8; |
| 5. | Where it violates any statutes in regard to practice of its services. |
| (2) | The Minister of Justice shall hold a hearing when he/she intends to revoke authorization for establishment of a Joint Venture Law Firm in accordance with paragraph (1). |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-30 (Dissolution) |
| (1) | A Joint Venture Law Firm shall be dissolved if it falls under a situation in any of the following subparagraphs:; |
| 1. | When a reason for dissolution prescribed in the articles of incorporation arises; |
| 2. | When all partners reach a consensus; |
| 3. | When it becomes bankrupt; |
| 4. | When authorization for establishment is revoked; |
| 5. | When it fails to renew its authorization after the valid period of authorization expires. |
| (2) | If a Joint Venture Law Firm is dissolved, a liquidator shall promptly report to the Minister of Justice through the local bar association at the seat of its Principal Office and the Korean Bar Association. |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-31 (Notice for Authorization, etc.) |
When authorization for establishment, revocation thereof or dissolution of a Joint Venture Law Firm takes place, the Minister of Justice shall promptly send notice to the local bar association at the seat of its Principal Office and the Korean Bar Association.
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-32 (Provisions Applied Mutatis Mutandis) |
Chapter VI shall apply mutatis mutandis to disciplinary action against a Joint Venture Law Firm.
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
| Article 35-33 (Application Mutatis Mutandis of other Acts) |
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
CHAPTER VI DISCIPLINARY ACTION
| Article 36 (Types of Disciplinary Action) |
The types of disciplinary action against Foreign Legal Consultants are as follows:
| 1. | Revocation of qualification approval; |
| 2. | Revocation of registration; |
| 3. | Suspension of practice for not more than three years; |
| 4. | Administrative fine of not more than thirty million Korean Won; |
| Article 37 (Reasons for Disciplinary Action) |
| (1) | Reasons for disciplinary action falling under Article 36 subparagraph 1 are as prescribed in each of the following subparagraphs: |
| 1. | Where a person, whose registration has been revoked in accordance with Article 13 (2) subparagraph 2 or Article 36 subparagraph 2, is deemed substantially unfit to continue practicing as a Foreign Legal Consultant; |
| 2. | Where a person, for whom reasons for disciplinary actions referred to in paragraph (2) arose after disposed to suspension of his/her practice more than once in accordance with Article 36 subparagraph 3, is deemed substantially unfit to continue practicing as a Foreign Legal Consultant. |
| (2) | The reasons for disciplinary action falling under Article 36 subparagraphs 2 through 5 are as prescribed in each of the following subparagraphs: |
| 1. | Where a Foreign Legal Consultant violates this Act; |
| 2. | Where a Foreign Legal Consultant violates the Code of Ethics set by the Korean Bar Association; |
| 3. | Where a Foreign Legal Consultant engages in conduct, regardless of whether committed while on or off duty, compromising his/her dignity as a Foreign Legal Consultant. |
| Article 38 (Establishment of Foreign Legal Consultant Disciplinary Committee) |
| (1) | Any disciplinary action against a Foreign Legal Consultant shall be made by a Foreign Legal Consultant Disciplinary Committee. |
| (2) | The Ministry of Justice and the Korean Bar Association shall establish a Foreign Legal Consultant Disciplinary Committee respectively. |
| Article 39 (Composition of Foreign Legal Consultant Disciplinary Committee of Korean Bar Association) |
| (1) | The Foreign Legal Consultant Disciplinary Committee established by the Korean Bar Association (hereinafter referred to as the “Disciplinary Committee of the Korean Bar Association”) shall be comprised of committee members prescribed in the following subparagraphs. In such cases, if the Minister of Justice has difficulty recommending a committee member who is a Foreign Legal Consultant, he/she may instead recommend a person licensed as a Foreign Licensed Lawyer: |
| 1. | Two judges recommended by the Minister of National Court Administration; |
| 2. | Two prosecutors and two Foreign Legal Consultants recommended by the Minister of Justice; |
| 3. | Two Attorneys-at-Law and one law school professor who is not an Attorney- at-Law recommended by the president of the Korean Bar Association. |
| (2) | The Disciplinary Committee of the Korean Bar Association shall have one chairperson and one administrative secretary who shall be elected from the committee members by vote. |
| (3) | When the committee members referred to in paragraph (1) are recommended, the same number of reserve members shall be recommended therewith. |
| (4) | A person for whom it has not been ten years since he/she was licensed as an Attorney-at-Law shall not become a committee member serving as a judge, a prosecutor or an Attorney-at-Law, or a reserve member. |
| (5) | The term of office for a committee member and a reserve member shall be two years respectively. |
| (6) | The Disciplinary Committee of the Korean Bar Association shall make a decision through resolutions by a majority agreement of the committee members. |
| (7) | Other matters necessary for composition, operation, etc. of the Disciplinary Committee of the Korean Bar Association shall be determined by the Korean Bar Association. |
| Article 40 (Composition of Foreign Legal Consultant Disciplinary Committee of Ministry of Justice) |
| (1) | The Foreign Legal Consultant Disciplinary Committee of the Ministry of Justice (hereinafter referred to as the “Disciplinary Committee of the Ministry of Justice”) shall be comprised of one chairperson, one vice-chairperson and seven members who are not the chairperson or vice-chairperson, and shall have seven reserve members. |
| (2) | The chairperson shall be the Minister of Justice and the vice-chairperson shall be the Vice-Minister of Justice respectively. The Minister of Justice shall appoint or commission persons prescribed in the following subparagraphs as committee members and reserve members. In such cases, if the Minister of Justice has difficulty commissioning a committee member who is a Foreign Legal Consultant, he/she may instead commission a person who is licensed as a Foreign Licensed Lawyer: |
| 1. | Two persons from the judges recommended by the Minister of National Court Administration; |
| 2. | Two persons from prosecutors; |
| 3. | One person Foreign Legal Consultants; |
| 4. | One person from the Attorneys-at-Law recommended by the president of the Korean Bar Association; |
| 5. | One person, not an Attorney-at-Law, who is either a law school professor or a person with experience and reputation for virtue. |
| (3) | Committee members and reserve members of the Disciplinary Committee of the Korean Bar Association shall be prohibited from holding concurrent positions as members and reserve members of the Disciplinary Committee of the Ministry of Justice. |
| (4) | The term of office for a committee member and a reserve member shall be two years respectively. |
| (5) | The chairperson shall direct the affairs of the Disciplinary Committee of the Ministry of Justice, represent the committee and convene meetings over which he/she presides as the chair. |
| (6) | If the chairperson cannot perform his/her duties due to exceptional circumstances, the vice-chairperson shall perform the duties on behalf of the chairperson. If the vice-chairperson is also unable to perform his/her duties, a member designated beforehand by the chairperson shall perform the duties on his/her behalf. |
| (7) | The Disciplinary Committee of the Ministry of Justice shall make a decision through resolutions by a majority vote of the committee members. |
| (8) | A member of the Disciplinary Committee of the Ministry of Justice who is not a public official shall be deemed as a public official when applying Articles 127 and 129 through 132 of the Criminal Act. <Newly Inserted by Act No. 13715, Jan. 6, 2016> |
| (9) | Except for matters prescribed in paragraphs (1) through (8), matters necessary for the operation and the process for disciplinary action of the Disciplinary Committee of the Ministry of Justice shall be prescribed by the Ordinance of the Ministry of Justice. <Newly Inserted by Act No. 14056, Mar. 2, 2016> |
| Article 41 (Authority of Disciplinary Committee) |
| (1) | The Disciplinary Committee of the Korean Bar Association shall deliberate on any disciplinary case falling under the reasons for disciplinary actions referred to in Article 37 (2). |
| (2) | The Disciplinary Committee of the Ministry of Justice shall deliberate on any disciplinary case falling under the reasons for disciplinary actions referred to in Article 37 (1) and any case where an objection has been raised against a disciplinary decision made by the Disciplinary Committee of the Korean Bar Association. |
| Article 42 (Request for Commencing Disciplinary Action) |
| (1) | The president of the Korean Bar Association shall request the Disciplinary Committee of the Ministry of Justice to commence disciplinary action if he/she deems a Foreign Legal Consultant to fall under a reason for disciplinary actions prescribed in Article 37 (1) and the Disciplinary Committee of the Korean Bar Association to commence disciplinary actions if he/she deems a Foreign Legal Consultant to fall under a reason for disciplinary action prescribed in Article 37 (2) respectively; provided that such request shall not be made after three years from the date on which the cause for such disciplinary action arose. |
| (2) | When a Foreign Legal Consultant is deemed to fall under a reason for disciplinary actions prescribed in Article 37, a client or his/her legal representative, spouse, lineal relatives and siblings may, with the reasons appended, apply to the president of the Korean Bar Association for requesting to commence disciplinary action against the relevant Foreign Legal Consultant. |
| (3) | Where the chief prosecutor of the District Prosecutors' Office discovers that a Foreign Legal Consultant falls under a reason for disciplinary actions while performing his/her duties as a prosecutor such as investigation of crime, etc., he/she shall apply to the president of the Korean Bar Association for requesting to commence disciplinary action against the relevant Foreign Legal Consultant. |
| (4) | Where the president of the Korean Bar Association does not request to commence disciplinary actions upon the application referred to in paragraphs (2) and (3), he/she shall send a written notice to the applicant about his/her reason. |
| Article 43 (Period for Deciding Disciplinary Actions, etc.) |
| (1) | The Disciplinary Committee of the Korean Bar Association shall decide on disciplinary action within six months from the date it received a request to commence disciplinary action or it commenced a process for disciplinary action in accordance with Article 97-5 (2) of the Attorney-at-Law Act applied mutatis mutandis by Article 42 (5); provided that, under inevitable exceptional circumstances, the Disciplinary Committee of the Korean Bar Association may extend the period up to another six months through a resolution. |
| (2) | Paragraph (1) shall also apply when the Disciplinary Committee of the Ministry of Justice receives a request to commence disciplinary action pursuant to reasons prescribed in Article 37 (1) or objections raised against a decision made by the Disciplinary Committee of the Korean Bar Association. |
| Article 44 (Execution, Process, etc. of Disciplinary Action) |
| (1) | Disciplinary actions prescribed in Article 36 subparagraph 1 shall be executed by the Minister of Justice and disciplinary actions under Article 36 subparagraphs 2 through 5 by the president of the Korean Bar Association. |
| (2) | Any decision on administrative fines prescribed in Article 36 subparagraph 4 shall have the same effect as an executive title with executive force under the Civil Execution Act and be executed under direction of a prosecutor. |
| Article 45 (Order to Suspend Practice) |
| (1) | Where there is an indictment or a commencement of a process for disciplinary actions in accordance with Article 42 (1) against a Foreign Legal Consultant, which would most likely lead to revocation of qualification approval or registration as a result of a trial or a disciplinary decision and where there is a substantial danger for the interests of the clients or the public to be harmed in the future if no action is taken, the Minister of Justice may request the Disciplinary Committee of the Ministry of Justice to decide to suspend the practice of the relevant Foreign Legal Consultant; provided that, the same shall not apply where a summary order of indictment is requested or when an indictment is made for a crime of negligence. |
| (2) | The Minister of Justice may order the relevant Foreign Legal Consultant to suspend his/her practice according to a decision made by the Disciplinary Committee of the Ministry of Justice. |
CHAPTER VII PENAL PROVISIONS
A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than seven years or by a fine not exceeding fifty million Korean Won. In such cases, imprisonment and fine may be imposed concurrently: <Amended by Act No. 14056, Mar. 2, 2016>
| 1. | A person, not a Foreign Legal Consultant or an attorney-at law, who receives or promises to receive money, treats or other forms of benefits or who provides or promises to provide money, treats or other forms of benefits to any third party in return for providing or referring Foreign Legal Services; provided that, a Foreign Licensed Lawyer who is not a Foreign Legal Consultant and practices under Article 24-2 (1) shall be excluded therefrom; |
| 3. | A Foreign Legal Consultant who receives or promises to receive money, treats or other forms of benefits or who provides or promises to provide money, treats or other forms of benefits to a third party in return for providing or referring appraisal, representation, arbitration, settlement, solicitation, legal consultation, drafting legal documents about any of the following items, or any other legal services; provided that, any case in which a Foreign Legal Consultant provides any of services prescribed in Article 24: |
| (a) | A litigation case, a non-contentious case, a conciliation or adjudication of family disputes case; |
| (b) | An administrative appeals, a request for review, an application for objection or any other cases of applying for objection against an administrative agency; |
| (c) | An investigation case being handled by an investigative agency; |
| (d) | An examination case being handled by an examination agency established by statutes; |
| (e) | Other general legal cases. |
A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding thirty million Korean Won. In such cases, imprisonment and fine may be imposed concurrently: <Amended by Act No. 10629, May. 19, 2011; Act No. 14056, Mar. 2, 2016>
| 1. | A Foreign Legal Consultant who provides services beyond the scope of his/her practices in violation of Article 25 (1); |
| 2. | A person who discloses any confidential information in violation of Article 30 and a person who obtains and uses such confidential information to earn any illegal benefit with knowledge of such violation; |
| 3. | A person who employs an Attorney-at-Law in violation of Article 34 (1); |
| 4. | A Foreign Legal Consultant or an Attorney-at-Law who violates Article 34 (2) or (3); |
| 5. | A Foreign Legal Consultant who falls under any of the following items: |
| (a) | A person who delivers documents and examines evidence on behalf of a court or an administrative agency of a foreign country; |
| (b) | A person who represents for affairs with the main purpose of acquiring, forfeiting or changing real property right, intellectual property right, mining right, and other rights which require registration or recording with an administrative agency as requisite for establishment or prevalence against third parties or prepares documents for such purpose; |
| 6. | A Foreign Legal Consultant or an Attorney-at-Law who violates Article 35-26 (2) or (3). |
A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding twenty million Korean Won. In such cases, imprisonment and fine may be imposed concurrently: <Amended by Act No. 14056, Mar. 2, 2016>
| 1. | A person who obtains qualification approval or registers by falsely applying for qualification approval or registration as a Foreign Legal Consultant to the Minister of Justice or the Korean Bar Association; |
| 2. | An Attorney-at-Law employed in violation of Article 34 (1); |
| 3. | A person who employs any certified judicial scrivener, patent attorney, certified public accountant, certified tax accountant or licensed customs broker in violation of Article 34 (1); |
| 4. | Any certified judicial scrivener, patent attorney, certified public accountant, certified tax accountant or licensed customs broker who violates Article 34 (2) or (3); |
| 6. | A person, not a Foreign Legal Consultant, who indicates or writes a Foreign Legal Consultant or a Foreign Legal Consultant Office, or who indicates or writes his/her intention to provide Foreign Legal Services with a purpose of gaining benefits; |
| 7. | A person who obtains authorization for establishment of a Joint Venture Law Firm in Article 35-3 (1) by falsely applying for such authorization through submitting false certificates, fabricating documents, etc. to the Minister of Justice; |
| 8. | A person who uses a similar title in violation of Article 35-6 (2); |
| 9. | A person who employs any certified judicial scrivener, patent attorney, certified public accountant, certified tax accountant or licensed customs broker in violation of Article 35-26 (1); |
| 10. | A certified judicial scrivener, patent attorney, certified public accountant, certified tax accountant or licensed customs broker who violates Article 35-26 (2) or (3). |
A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than a year or by a fine not exceeding ten million Korean Won. In such cases, imprisonment and fine may be imposed concurrently: <Amended by Act No. 14056, Mar. 2, 2016>
| 2. | A certified judicial scrivener, patent attorney, certified public accountant, certified tax accountant or licensed customs broker employed in violation of Article 34 (1); |
| 4. | A certified judicial scrivener, patent attorney, certified public accountant, certified tax accountant or licensed customs broker employed in violation of Article 35-26 (1); |
Any person who habitually commits any offense referred to in Article 46 shall be punished by imprisonment with prison labor for not more than ten years.
| Article 51 (Offense Committed Overseas by Foreigner) |
Article 47 (2) shall apply to a foreigner who commits an offense outside the Republic of Korea; provided that, this shall not apply to a case where such offense does not constitute any crime according to the statutes of the place of the offense or where prosecution or execution of sentence is exempted.
| Article 52 (Confiscation and Additional Punitive Collection) |
Money, goods or other benefits accepted by any person who has committed any offense referred to in Article 46 or by a third party aware of such circumstance shall be confiscated. When confiscation is impossible, the equivalent value of such money, goods or other benefits shall be collected.
| (1) | A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding thirty million Korean Won: <Amended by Act No. 14056, Mar. 2, 2016> |
| 2. | A representative of a Foreign Legal Consultant Office who violates Article 21 or 23 (1); |
| 3. | A Foreign Legal Consultant who violates Article 25 (2) and his/her employer; |
| 4. | A Foreign Legal Consultant and a representative of a Foreign Legal Consultant Office or a Joint Venture Law Firm who violate Article 27 (3) through (6); |
| 5. | A Foreign Legal Consultant who violates Article 29; |
| 6. | A Joint Venture Law Firm which violates Article 35-28 (2) or (3). |
| (2) | A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding ten million Korean Won: <Amended by Act No. 10542, Apr. 5, 2011; Act No. 14056, Mar. 2, 2016> |
| 1-2. | A person who stays in the Republic of Korea in violation of Article 24-2 (2); |
| 2. | A Foreign Legal Consultant, a representative of a Foreign Legal Consultant Office or a Joint Venture Law Firm that fails to submit materials requested by the Minister of Justice or submits fabricated materials in violation of Articles 33; |
| 3. | A representative of a Foreign Legal Consultant Office who fails to report or falsely reports in violation of Article 34-5 (1); |
| 7. | A person who fails to report dissolution in violation of Article 35-30 (2); |
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10542, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on April 30, 2011.
Article 2 (Applicable Case about Application Charges for Qualification Approval)
The amended provisions of Article 3 (4) shall begin to apply from the first person who applies for qualification approval after this Act enters into force. Article 3 (Applicable Case about Application Charges for Establishment)
The amended provisions of Article 15 (4) shall be applied to the first person who applies for establishment after this Act enters into force. Article 4 (Applicable Case about Notification with Registration Purposes)
The amended provision of Article 18 (6) shall be applied to the first person who makes a registration after this Act enters into force.
ADDENDA <Act No. 10629, May. 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force two months after its promulgation. (Proviso Omitted)
Article 2 Omitted.
ADDENDA <Act No. 11962, Jul. 30, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 13715, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Reasons for Disqualifications of Incompetent Persons , etc.)
Notwithstanding the amended provisions of Article 5 subparagraph 6, the former provisions shall apply to persons against whom declarations of incompetency or quasi-incompetency remains in effect under Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429) at the time the same amended provisions enter into force.
ADDENDA <Act No. 13953, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 14056, Mar. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2016.
Article 2 Omitted.