Article 21-2(Requirements for Establishment of Law Offices) #
(1) An attorney-at-law under subparagraph 3 of Article 4 shall neither establish a law firm independently nor belong to a law firm, limited liability law firm and law firm partnership unless he or she has engaged in legal affairs or has completed training (limited to subparagraph 6) in an agency, etc. falling under any of the following subparagraphs (hereinafter referred to as "agency engaging in legal affairs") for not less than six months in total: Provided, That subparagraphs 3 and 4 shall be limited to agencies designated by the Minister of Justice to be capable of engaging in legal affairs among agencies in which not less than one person is working, who has been at a position falling under any subparagraph of Article 42 (1) of the Court Organization Act for at least five years in total: <Amended on Mar. 2, 2016>
1. The National Assembly, courts, the Constitutional Court and prosecutors' offices;
2. The Korea Legal Aid Corporation under the Legal Aid Act, and the Korean Government Legal Service under the Korean Government Legal Service Act;
3. Law firms; limited liability law firms; law firm partnerships; law offices; and joint venture law firms as defined in subparagraph 9 of Article 2 of the Foreign Legal Consultant Act;
4. State agencies and local governments, and other corporations, institutions or organizations;
5. International bodies, international corporations, international institutions or international organizations which have been designated by the Minister of Justice to be capable of engaging in legal affairs;
6. Korean Bar Association.
(2) The Korean Bar Association may entrust the implementation of training to agencies engaging in legal affairs designated pursuant to paragraph (1) 3, as prescribed by the regulations of the Korean Bar Association.
(3) When an attorney-at-law referred to in subparagraph 3 of Article 4 intends to establish a law office independently for the first time or become a partner of a law firm, limited liability law firm or law firm partnership pursuant to paragraph (1), he or she shall obtain a letter of confirmation (excluding training referred to in paragraph (1) 6) verifying the fact that he or she satisfies the requirements referred to in paragraph (1) from an agency engaging in legal affairs and submit it to the Korean Bar Association through the relevant local bar association.
(4) An agency engaging in legal affairs shall take necessary measures in order to attain the purposes of engagement and training referred to in paragraph (1), including maintaining the number of attorneys-at-law engaging in legal affairs or receiving training in an appropriate level.
(5) The Minister of Justice may, when he or she deems necessary for agencies engaging in legal affairs designated pursuant to the proviso to paragraph (1), conduct documentary or on-site investigations as to the current status of engagement, etc. and may, when he or she deems necessary for smooth engagement in legal affairs as a result of such investigations, issue an order for improvement or correction.
(6) The Minister of Justice may entrust the conduct of documentary or on-site investigations referred to in paragraph (5) to the Korean Bar Association, and the President of the Korean Bar Association may, to the Minister of Justice, report the results of such investigations and suggest improvements or corrections referred to in the same paragraph. In such cases, matters concerning the processing of entrusted affairs shall be prescribed by the regulations of the Korean Bar Association and authorized by the Minister of Justice.
(7) The Minister of Justice may, when an agency engaging in legal affairs which is designated pursuant to the proviso to paragraph (1) falls under any of the following subparagraphs, revoke the relevant designation: Provided, That he or she shall revoke the relevant designation in cases falling under subparagraph 1:
1. Cases where an agency engaging in legal affairs has obtained designation by fraud or other improper means;
2. Cases where an agency engaging in legal affairs which has failed to satisfy the requirements for designation in the proviso to paragraph (1) has failed in the supplementation thereof within three months. In such cases, when an attorney-at-law referred to in subparagraph 3 of Article 4 has continued to engage in legal affairs, the period till the completion of supplementation shall be deemed the period during which he or she engaged in legal affairs in an agency engaging in legal affairs;
3. Cases where an agency engaging in legal affairs has issued false letters of confirmation referred to in paragraph (3);
4. Cases where an agency engaging in legal affairs which has been subject to an order for improvement or correction referred to in paragraph (5) on not less than three occasions has failed to comply therewith.
(8) The Minister of Justice shall, when intending to revoke designation pursuant to paragraph (7), hold a hearing.
(9) Methods, procedures, costs, and other necessary matters concerning training referred to in paragraph (1) 6 shall be prescribed by the regulations of the Korean Bar Association and authorized by the Minister of Justice.
(10) The Minister of Justice may provide support to training programs conducted by the Korean Bar Association pursuant to paragraph (1) 6, as prescribed by Presidential Decree.
(11) Any agency engaging in legal affairs referred to in paragraph (1) 3 which has been designated pursuant to the proviso to the same paragraph shall render cooperation necessary for training conducted by the Korean Bar Association pursuant to subparagraph 6 of the same paragraph.
(12) Procedures for and methods of designation and cancellation of agencies engaging in legal affairs, and other necessary matters, such as guidance and supervision thereof, other than those provided for in paragraphs (1) through (11) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on May 17, 2011]