ENFORCEMENT DECREE OF THE CERTIFIED PUBLIC LABOR ATTORNEY ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Certified Public Labor Attorney Act and matters necessary for enforcing said Act. <Amended on Dec. 28, 2007>

Article 2(Scope of Statutes or Regulations related to Labor and Social Insurance) #

(1) The scope of labor-related statutes or regulations referred to in Article 2 (1) 1 through 3 of the Certified Public Labor Attorney Act (hereinafter referred to as the "Act") shall be as specified in attached Table 1.

(2) The scope of statutes and regulations related to social insurance referred to in Article 2 (1) 6 of the Act shall be as specified in attached Table 1-2.

[This Article Wholly Amended on Jul. 28, 2020]

Article 2-2 #

Deleted. <Apr 9, 2001>

Article 3(Conducting of Labor Management Diagnosis) #

(1) Where a certified public labor attorney conducts a labor management diagnosis pursuant to Article 2 (1) 4 of the Act, he or she may perform a fact-finding survey by means of the investigation of related documents, etc., questionnaires, interviews with relevant persons, or other means to ascertain the facts related to such diagnosis.

(2) Where a certified public labor attorney conducts a labor management diagnosis at the request of one party to labor-management relations, he or she may hear the opinion of the other party which does not request a labor management diagnosis, in relation to such diagnosis.

(3) The party to labor-management relations that has requested a labor management diagnosis may, if necessary even while a certified public labor attorney is performing a labor management diagnosis, request additional diagnosis after consultation with the relevant certified public labor attorney.

(4) A certified public labor attorney shall, after performing a fact-finding survey under paragraph (1), prepare a result report including measures for improving labor management and shall submit it to the party to labor-management relations that has requested the labor management diagnosis.

[This Article Wholly Amended on Jul. 28, 2020]

Article 4(Examination Methods) #

(1) In principle, the first round of qualifying examination for certified public labor attorneys prescribed in Article 3-2 of the Act (hereinafter referred to as "examination") shall be a multiple-choice exam, provided that fill-in-the-blanks questions may be included.

(2) In principle, the second round of examination shall be an essay exam, provided that subjective short-answer questions may be included.

(3) The third round of examination shall be an oral test in which the following matters are evaluated:

1. Attitude such as a view of state and sense of duty;

2. Professional knowledge and practical abilities;

3. Manners, demeanor and sincerity;

4. Accuracy and coherence in expression of opinions.

[This Article Wholly Amended on Nov. 19, 2010]

Article 5(Procedures for Taking Examinations) #

No person who fails in the first round of examination shall apply for the second round of examination; and no person who fails in the second round of examination shall apply for the third round of examination.

[This Article Wholly Amended on Nov. 19, 2010]

Article 6(Examination Subjects) #

(1) The subjects for the first round and second round of examinations and point allocations by subject are as prescribed in attached Table 2.

(2) Test scores in English for the first round of examination referred to in paragraph (1) shall be replaced by the results (limited to those announced by the deadline for receiving applications for the first round of examination and confirmed through the methods prescribed in the public announcement under Article 10 (2)) of an English proficiency test specified in attached table 3 (hereafter in this Article referred to as "English test"), among those tests which had been administered after January 1 of the year which includes the date when five years had elapsed since the announcement date of the examination. <Amended on Jul. 2, 2019; Jan. 16, 2024>

(3) Any person who intends to apply for an examination shall submit an English test report card along with a written application.

[This Article Wholly Amended on Nov. 19, 2010]

Article 7(Partial Exemption from Examinations) #

(1) "Some subjects prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 3-3 (1) of the Act means labor law, which is one of the subjects of the second round of examination prescribed in Article 6 (1).

(2) For persons who have at least a total of 10 years’ experience in any of the following careers, labor law I and labor law II among the subjects of the first round of examination prescribed in Article 6 (1), shall be exempted pursuant to Article 3-3 (2) of the Act: <Amended on Mar. 23, 2013>

1. Experience working as a public official prescribed in Article 7-2;

2. Experience working as a public official who has directly engaged in the affairs relating to the enforcement of labor-related statutes and regulations in attached Table 1 in a local government, or experience working as a seafarer's labor supervisor of the Ministry of Maritime Affairs and Fisheries (including the Maritime Affairs and Port Office before August 7, 1996; the Ministry of Oceans and Fisheries before February 28, 2008; and the Ministry of Land, Transport and Maritime Affairs before March 22, 2013);

3. Experience working as a full-time officer prescribed in Article 24 (2) of the Trade Union and Labor Relations Adjustment Act at a unit trade union under Article 10 (1) of that Act or at a trade union which is an industrial associated organization or confederation of associated organizations under paragraph (2) of that Article, the number of the members of which is at least 100 members;

4. Experience working as a person taking full charge of labor management for business or at a place of business, which has at least 300 permanent laborers;

5. Experience working as a person taking full charge of guidance of labor management of member companies at an employers' association recognized by the Minister of Labor and Employment.

(3) Any person who intends to be exempt from part of the examinations pursuant to paragraphs (1) and (2) shall apply for exemption of examination as prescribed by Ordinance of the Ministry of Labor and Employment.

[This Article Wholly Amended on Nov. 19, 2010]

Article 7-2(Scope of Public Officials) #

The scope of public officials who have engaged in labor administration prescribed in Article 3-3 (3) of the Act means public officials who have worked for the Ministry of Labor and Employment (including the Labor Administration before April 7, 1981; and the Labor Bureau under the Ministry of Health and Social Affairs before August 31, 1963) and the agencies belonging thereto, the National Labor Relations Commission or regional labor relations commissions.

[This Article Wholly Amended on Nov. 19, 2010]

Article 8(Examination Committee) #

(1) Whenever an examination is administered, the Certified Public Labor Attorney Examination Committee (hereinafter referred to as the "Examination Committee") shall be organized to deliberate on the following matters: <Amended on Nov. 22, 2022>

1. Setting and marking test papers;

2. Determining successful examinees;

3. Other matters the Chairperson of the Examination Committee refers to meetings.

(2) The Examination Committee shall consist of Examination Committee members commissioned by the President of the Human Resources Development Service of Korea prescribed in the Human Resources Development Service of Korea Act (hereinafter referred to as the "HRD Korea") and the Minister of Labor and Employment. <Amended on Nov. 22, 2022>

(3) The President of the HRD Korea shall become the Chairperson of the Examination Committee. <Amended on Nov. 22, 2022>

(4) Examination committee members shall be commissioned from among persons having abundant knowledge and experience related to the duties of certified public labor attorneys, classified into examination committee members for the first, second, and third rounds of examinations, respectively; the number of examination committee members for the first and second rounds of examinations shall be at least three persons for each subject; and at least three persons for the third round of examination.

(5) Except as provided in paragraphs (1) through (4), the Chairperson of the Examination Committee shall determine matters necessary for operating the Examination Committee, following resolutions by the Examination Committee. <Amended on Nov. 22, 2022>

[This Article Wholly Amended on Nov. 19, 2010]

Article 9(Payment of Examination Allowances) #

Allowances may be paid to examination committee members commissioned pursuant to Article 8 (2) and to persons who manage and supervise examinations, within budgetary limits.

[This Article Wholly Amended on Nov. 19, 2010]

Article 10(Administration and Public Announcement of Examinations) #

(1) Examinations shall be administered at least once a year.

(2) The Minister of Labor and Employment shall publish examination qualification requirements; examination subjects, times, dates, places, and procedures; and other necessary matters in the Official Gazette or at least one daily newspaper and on the website of the Ministry by no later than 90 days before the date of examination. <Amended on May 1, 2012; Jul. 28, 2020>

(3) The Minister of Labor and Employment may determine and publicly announce the minimum number of successful examinees in the second-round examination following deliberation by the Committee on Deliberation on Qualifications of and Disciplinary Action against Certified Public Labor Attorneys prescribed in Article 3-4 of the Act (hereinafter referred to as the "Committee on Qualification Deliberation and Disciplinary Action") in consideration of supply-demand situation, etc. of certified public labor attorneys. <Amended on Nov. 22, 2022>

[This Article Wholly Amended on Nov. 19, 2010]

Article 11(Application Forms and Fees) #

(1) Any person who intends to apply to sit an examination shall submit an application form, as prescribed by Ordinance of the Ministry of Labor and Employment.

(2) When an application form is submitted pursuant to paragraph (1), a fee determined by the President of the HRD Korea, of up to 70,000 won, following approval by the Minister of Labor and Employment as prescribed by Ordinance of the Ministry of Labor and Employment, shall be paid to the HRD Korea in cash or by credit card or debit card, or in electronic currency or by electronic means and others using information and communications networks. <Amended on Mar. 22, 2011; Apr. 26, 2016; Jan. 16, 2024>

(3) Where a person who has paid a fee pursuant to paragraph (2) falls under any of the following cases, the President of the HRD Korea shall refund all or part of the fees according to the following categories: <Amended on Apr. 26, 2016: Sep. 26, 2024>

1. Overpayment or erroneous payment: The entire amount overpaid or erroneously paid;

2. Failure to apply for an examination due to causes attributable to the HRD Korea: The entire amount paid;

3. Canceling the application by not later than 20 days before the date of examination: The entire amount paid;

4. Canceling the application by not later than 10 days before the date of examination: 50/100 of the amount paid;

5. Where he or she fails to take an examination due to hospitalization for an accident or disease (limited to where the examination date overlaps with the hospitalization period): The entire amount paid;

6. Where he or she fails to take an examination due to medical treatment, hospitalization, or quarantine (limited to where the examination date overlaps with the period of medical treatment, hospitalization, or quarantine) under the Infectious Disease Control and Prevention Act: The entire amount paid;

7. Where he or she fails to take an examination due to his or her death or the death of any of the following persons during the period from 7 days before the examination date to the date of examination: The entire amount paid:

(a) A spouse of the person who paid the fee;

(b) A child of the person who paid the fee or his or her spouse;

(c) A parent of the person who paid the fee and his or her spouse;

Article 12(Determination and Public Announcement of Successful Examinees) #

(1) Successful examinees in the first round of examination shall be those who scores at least 40 points in each subject excluding English subject and at least 60 points on average of all subjects; and successful examinees in the second of round of examination shall be those who scores at least 40 percent of the full grade in each subject and at least 60 percent of the total points of all subjects: Provided, That where the number of persons who scores at least 40 percent of the full grade in each subject and at least 60 percent of the total points of all subjects in the second round of examination is less than the minimum number of successful examinees prescribed in Article 10 (3), additional successful examinees shall be selected in order of highest total points of all subjects among persons who scored at least 40 percent of the full grade in each subject, up to the number of persons falling short of the minimum number of successful examinees.

(2) In determining success or failure pursuant to the proviso of paragraph (1), for persons exempt from part of the second-round examination subjects pursuant to Article 3-3 (1) of the Act, the points obtained by multiplying the sum of points of each subject of a person who scores at least 40 percent of the full grade in each subject by 1.5 shall be considered as the total points of all subjects.

(3) In determining successful examinees pursuant to the proviso of paragraph (1), and paragraph (2), if there are persons who scored the same points in excess of the unfilled quota of minimum number of successful examinees in the second-round examination, all the relevant persons with the same points shall be determined as successful examinees. In such cases, the scores of persons with the same points shall be calculated down to the second decimal place by rounding to two decimal places.

(4) Each rating element of oral examinations in Article 4 (3) shall be graded high (three points), moderate (two points) or low (one point); and successful examinees in the third round of examination shall be those whose average points rated by examination committee members are at least "moderate" (eight points) based on the full grades of total 12 points: Provided, That where a majority of examination committee members rates the same evaluative element as "low", the relevant examinee shall fail.

(5) Where final successful examinees are determined, the Minister of Labor and Employment shall publicly announce such determination by means of making such determination available to all examinees; and shall notify the successful examinees of their success in the examination.

Article 13 #

Deleted. <Dec. 28, 2007>

Article 14(Issuance of Certificates of Qualification) #

(1) Any person qualified for a certified public labor attorney prescribed in Article 3 of the Act, who intends to obtain a certificate of qualification of certified public labor attorney (hereinafter referred to as "certificate of qualification"), shall submit a request for certificate of qualification to the Minister of Labor and Employment, as prescribed by Ordinance of the Ministry of Labor and Employment.

(2) The Minister of Labor and Employment in receipt of a request for certificate of qualification prescribed in paragraph (1) shall issue a certificate of qualification prescribed by Ordinance of the Ministry of Labor and Employment, to the applicant within five days.

(3) Where a certificate of qualification issued pursuant to paragraph (2) is lost or defaced, a person who intends to have the certificate of qualification re-issued shall submit an application for certificate of qualification to the Minister of Labor and Employment, as prescribed by Ordinance of the Ministry of Labor and Employment.

(4) Where the Minister of Labor and Employment issues or re-issues a certificate of qualification pursuant to paragraph (2) or (3), he or she shall record such fact in the ledger of certificates of qualification issued prescribed by Ordinance of the Ministry of Labor and Employment.

[This Article Wholly Amended on Apr. 26, 2016]

Article 14-2(Term of Office of Members of Committee on Qualification Deliberation and Disciplinary Action) #

The term of office of members under Article 3-4 (4) 3 through 5 of the Act shall be three years.

[This Article Wholly Amended on Nov. 22, 2022]

Article 14-3(Exclusion of, Challenge to, or Recusal of, Members of Committee on Qualification Deliberation and Disciplinary Action) #

(1) Where a member of the Committee on Qualification Deliberation and Disciplinary Action (hereafter in this Article through Article 14-6 referred to as "member") falls under any of the following cases, he or she shall be excluded from deliberation and resolution by the Committee on Qualification Deliberation and Disciplinary Action:

1. Where the member or his or her current or former spouse has become a party to the relevant agenda item, or is a joint right holder or obligor with a party to such item;

2. Where the member is a current or former relative of a party to the relevant agenda item;

3. Where the member has given testimony, made a statement, provided advice, conducted research on, or performed service or appraisal of the relevant agenda item;

4. Where the member or a corporation to which he or she belongs is or was the representative of a party to the relevant agenda item.

(2) Where any ground for exclusion falling under any subparagraph of paragraph (1) exists for a member falling under any subparagraph of paragraph (1) or where the circumstances indicate that it would be impracticable to expect fair deliberations and resolutions by the member, a party to the relevant agenda item may file a motion for challenge to the member with the Committee on Qualification Deliberation and Disciplinary Action, which shall determine whether to grant the motion by resolution. In such cases, the member subject to the motion for challenge shall not participate in the resolution process.

(3) In cases falling under any subparagraph of paragraph (1), a member shall notify the Committee on Qualification Deliberation and Disciplinary Action of such fact and voluntarily recuse himself or herself from the deliberation and resolution on the relevant agenda item, and if the circumstances indicate that it would be impracticable to expect fair deliberations and resolutions other than those referred to in the subparagraphs of paragraph (1), may voluntarily recuse himself or herself from the deliberations and resolutions.

[This Article Wholly Amended on Nov. 22, 2022]

Article 14-4(Withdrawal of Nomination and Dismissal of Members) #

(1) The Minister of Employment and Labor may withdraw his or her nomination of or dismiss a committee member if he or she falls under any of the following cases:

1. Where the member becomes unable to perform his or her duties due to a mental or physical disability;

2. Where the member commits a misdeed in connection with his or her duties;

3. Where the member is deemed unsuitable for the position due to neglect of duties, injury to dignity, or any other reasons;

4. Where the member fails to recuse himself or herself despite falling under any subparagraph of Article 14-3 (1);

5. Where the member voluntarily expresses his or her intent that fulfilling duties is impracticable.

(2) Where a member falls under any subparagraph of paragraph (1), the Minister of Justice, the Minister of Government Legislation, or the Central Labor Relations Commission may withdraw the nomination of the relevant member.

[This Article Wholly Amended on Nov. 22, 2022]

Article 14-5(Duties of Chairperson) #

(1) The chairperson of the Committee on Qualification Deliberation and Disciplinary Action shall represent the Committee on Qualification Deliberation and Disciplinary Action and exercise overall supervision over its affairs.

(2) Where the chairperson of the Committee on Qualification Deliberation and Disciplinary Action is unable to conduct his or her duties due to any unavoidable cause, a member designated in advance by the chairperson of the Committee on Qualification Deliberation and Disciplinary Action shall act on behalf of the chairperson.

[This Article Newly Inserted on Nov. 22, 2022]

Article 14-6(Operation of Committee on Qualification Deliberation and Disciplinary Action) #

(1) The chairperson of the Committee on Qualification Deliberation and Disciplinary Action shall convene and preside over meetings of the committee.

(2) Any resolution at a meeting of the Committee on Qualification Deliberation and Disciplinary Action shall require the attendance of a majority of all incumbent members and the concurring vote of a majority of those present.

(3) Meetings of the Committee on Qualification Deliberation and Disciplinary Action shall be held with the physical attendance of committee members (or through video conferencing).

(4) The Committee on Qualification Deliberation and Disciplinary Action shall have one executive secretary to handle its administrative affairs, who shall be appointed by the Minister of Employment and Labor from among public officials of the Ministry.

(5) Allowances and travel expenses may be reimbursed to members who attend meetings of the Committee on Qualification Deliberation and Disciplinary Action within the budget: Provided, That the same shall not apply where a member who is a public official attends a Committee on Qualification Deliberation and Disciplinary Action meeting in direct connection with his or her duties.

(6) Except as provided in paragraphs (1) through (5), the chairperson of the Committee on Qualification Deliberation and Disciplinary Action shall determine matters necessary for the operation, etc. of the Committee on Qualification Deliberation and Disciplinary Action following resolutions thereby.

[This Article Newly Inserted on Nov. 22, 2022]

Article 14-7(Subcommittees) #

(1) A subcommittee (hereinafter referred to as "subcommittee") may be established within the Committee on Qualification Deliberation and Disciplinary Action to efficiently deliberate on the details of requests for resolutions on disciplinary actions under Article 20-7 (1).

(2) The subcommittee shall consist of not more than seven members, including one chairperson.

(3) The chairperson of the subcommittee shall be appointed by the chairperson of the Committee on Qualification Deliberation and Disciplinary Action from among the members of the Committee on Qualification Deliberation and Disciplinary Action falling under Article 3-4 (4) 1 of the Act.

(4) The chairperson of the subcommittee shall be appointed by the chairperson of the Committee on Qualification Deliberation and Disciplinary Action from among the members of the Committee on Qualification Deliberation and Disciplinary Action falling under Article 3-4 (4) 1 through 4 of the Act.

(5) Where the chairperson of the subcommittee deliberates on the details of a request for resolutions on disciplinary action pursuant to paragraph (1), he or she shall report the results thereof to the Committee on Qualification Deliberation and Disciplinary Action.

(6) Except as provided in paragraphs (1) through (5), the chairperson of the Committee on Qualification Deliberation and Disciplinary Action shall determine matters necessary for the operation, etc. of the subcommittee following resolutions by the Committee on Qualification Deliberation and Disciplinary Action.

[This Article Newly Inserted on Nov. 22, 2022]

Article 15(Procedures for Registration to Commence Duties) #

(1) A person who intends to file for registration to commence duties pursuant to Article 5 (1) of the Act shall submit an application for registration to commence duties as a certified public labor attorney to the Korea Certified Public Labor Attorneys Association under Article 24 of the Act (hereinafter referred to as the "KCPLAA") as prescribed by Ordinance of the Ministry of Labor and Employment. <Amended on Jul. 28, 2020; Nov. 22, 2022>

(2) Upon receipt of an application for registration under paragraph (1), the KCPLAA, shall enter the following matters in the register of certified public labor attorneys' commencement of services and shall issue the certificate of registration to the applicant: <Amended on Jul. 28, 2020>

1. Address, name, and resident registration number of the certified public labor attorney;

2. Name and location of the office;

3. Registration number;

4. Other matters prescribed by Ordinance of the Ministry of Labor and Employment.

(3) Where a certified public labor attorney changes any registered matter prescribed in paragraph (2) or close his or her business temporarily, he or she shall notify the KCPLAA thereof without delay. <Amended on Jul. 28, 2020>

(4) Where a certified public labor attorney has lost a certificate of registration issued pursuant to paragraph (2) or such certificate is defaced, or any change to registered matters is notified under paragraph (3), he or she shall be reissued a certificate of registration, as prescribed by Ordinance of the Ministry of Labor and Employment.

[This Article Wholly Amended on Nov. 19, 2010]

Article 16(Training and Education) #

(1) The period of training and education for certified public labor attorneys under Article 5-2 (1) of the Act shall be at least 6 months but not more than 1 year: Provided, That the period of training and education in 2025 and 2026 shall be 6 months. <Amended on Jun. 30, 2016; Jul. 28, 2020; May 28, 2024>

(2) Training and education prescribed in paragraph (1) shall be administered by organizations, institutions or universities prescribed by Ordinance of the Ministry of Labor and Employment (hereinafter referred to as "training and educational institution") among institutions complying with the standards for designated educational institutions prescribed in Article 18.

(3) Training and education shall be comprised of job training and practical training, as prescribed by Ordinance of the Ministry of Labor and Employment.

[This Article Wholly Amended on Nov. 19, 2010]

Article 17(Refresher Training) #

(1) Refresher training prescribed in Article 5-2 (2) of the Act shall be comprised of education on the duties of certified public labor attorneys and education on vocational ethics. <Amended on Apr. 26, 2016; Jul. 28, 2020>

(2) "Hours prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 5-2 (2) of the Act means eight hours. <Amended on Apr. 26, 2016>

[This Article Wholly Amended on Nov. 19, 2010]

Article 18(Standards for Designated Educational Institutions) #

(1) Pursuant to Article 5-2 (3) of the Act, the Minister of Labor and Employment shall designate educational institutions from among non-profit corporations, public institutions prescribed in Article 4 (1) of the Act on the Management of Public Institutions, or universities prescribed in subparagraph 1 of Article 2 of the Higher Education Act, in compliance with all the following requirements: <Amended on Jun. 30, 2016>

1. To be equipped with lecture rooms which can accommodate at least 30 persons;

2. To be recognized as having educational capabilities, having at least two persons with professional knowledge and experience in the area of employment and labor.

(2) The Minister of Labor and Employment shall determine matters necessary for applying for designation of designated educational institutions, procedures for designating such institutions, and other matters.

[This Article Wholly Amended on Nov. 19, 2010]

Article 19 #

Deleted. <Apr. 26, 2016>

Article 19-2(Applying for Authorization for Incorporating Labor Law Firms) #

(1) Any person who intends to obtain authorization for incorporating a labor law firm prescribed in the former part of Article 7-4 (1) of the Act shall submit an application form for authorization for incorporating labor law firm, along with the following documents, to the Minister of Labor and Employment, as prescribed by Ordinance of the Ministry of Labor and Employment:

1. Articles of incorporation;

2. Business plans and budgetary statements;

3. Other documents prescribed by the Minister of Labor and Employment.

(2) Where the Minister of Labor and Employment grants authorization for incorporating a labor law firm prescribed in the former part of Article 7-4 (1) of the Act, he or she shall enter the following matters in the ledger of authorization for labor law firms; and shall issue to the applicant a certificate of authorization for incorporating a labor law firm:

1. Authorization number and year/month/date of authorization;

2. Name of the labor law firm;

3. Locations of the principal office and branch offices;

4. Names and addresses of partners;

5. Other matters the Minister of Labor and Employment deems necessary.

(3) Where the Minister of Labor and Employment issues to the applicant a certificate of authorization for incorporating a labor law firm pursuant to paragraph (2), he or she shall notify the KCPLAA of such fact.

[This Article Wholly Amended on Nov. 19, 2010]

Article 19-3(Applying for Authorization for Amending Articles of Incorporation of Labor Law Firms) #

(1) Any person who intends to obtain authorization for amending the articles of incorporation of a labor law firm pursuant to the latter part of Article 7-4 (1) of the Act shall submit an application for authorization for amending the articles of incorporation to the Minister of Labor and Employment, along with the following documents, as prescribed by Ordinance of the Ministry of Labor and Employment:

1. A letter explaining grounds for amending the articles of incorporation;

2. A proposal for amending the articles of incorporation;

3. A copy of minutes of a general meeting of partners of the labor law firm passing a resolution to amend the articles of incorporation.

(2) Where the Minister of Labor and Employment grants authorization for amending the articles of incorporation of a labor law firm prescribed in paragraph (1), he or she shall enter the intention thereof in the ledger of authorization for labor law firms; and shall issue a certificate of authorization for amending the articles of incorporation of a labor law firm to the applicant.

(3) Article 19-2 (3) shall apply mutatis mutandis to authorization for amending articles of incorporation of labor law firms.

[This Article Wholly Amended on Nov. 19, 2010]

Article 19-4(Matters to Be Included in Articles of Incorporation) #

"Matters prescribed by Presidential Decree" in Article 7-4 (2) 7 of the Act means the following:

1. Matters relating to partners representing the labor law firm;

2. Matters relating to limits on the rights and obligations of partners executing the business of the labor law firm;

3. Matters relating to general meetings of partners.

[This Article Wholly Amended on Nov. 19, 2010]

Article 19-5(Registration to Incorporate Labor Law Firms) #

(1) The registration to incorporate a labor law firm prescribed in Article 7-4 (3) of the Act shall be filed at the location of the principal office of the relevant labor law firm within 14 days from the date of receiving a certificate of authorization for incorporation under Article 19-2 (2).

(2) Registration prescribed in paragraph (1) shall include the following matters:

1. Objectives;

2. Name;

3. Names and addresses of partners;

4. Locations of the principal office and branch offices;

5. Type of contributions of partners; and if property is contributed, the price and parts thereof performed;

6. Period of existence; and if grounds for dissolution are decided, the period or grounds therefor;

7. If a partner to represent the labor law firm is selected, his or her name.

(3) An application to register to incorporate a labor law firm shall be jointly filed by all partners; and such application shall be accompanied by the following documents:

1. Articles of incorporation;

2. Certificate of authorization for incorporating a labor law firm;

3. Documents evidencing the parts performed in connection with contribution of property.

(4) Regarding the details of the registration for incorporation prescribed in paragraph (1), the Minister of Labor and Employment shall verify certificates of registered matters of corporations through the joint use of administrative information prescribed in Article 36 (1) of the Electronic Government Act.

[This Article Wholly Amended on Nov. 19, 2010]

Article 19-6(Registration for Establishment of Branch Offices) #

(1) Articles 181 through 183 of the Commercial Act shall apply mutatis mutandis to registering to establish branch offices, registering relocation of principal offices and branch offices, and registering changed matters falling under any of the subparagraphs of Article 19-5 (2) of labor law firms, provided that if any matter is subject to authorization from the Minister of Labor and Employment, the registration period shall be counted from the date of receiving the relevant certificate of authorization.

(2) When counting the period of registration from the date of receiving the relevant certificate of authorization due to matters subject to authorization by the Minister of Labor and Employment pursuant to paragraph (1), the relevant certificate of authorization shall be attached to an application for registration.

(3) Regarding the details of registration prescribed in paragraph (1), the Minister of Labor and Employment shall verify certificates of registered matters of corporations through the joint use of administrative information prescribed in Article 36 (1) of the Electronic Government Act.

[This Article Wholly Amended on Nov. 19, 2010]

Article 19-7(Provisions Applicable Mutatis Mutandis) #

Except as prescribed in the Act and this Decree, Articles 3 through 6, 8, 9, 11 (2) and (3), 12 through 20, 22 through 28, 54 through 67, 70 through 72, 75 through 89, and 91 of the Commercial Registration Act shall apply mutatis mutandis to the registration to incorporate labor law firms. <Amended on Jul. 28, 2020>

[This Article Wholly Amended on Nov. 19, 2010]

Article 19-8 #

Deleted. <Nov. 19, 2010>

Article 19-9 #

Deleted. <Apr 9, 1999>

Article 20 #

Deleted. <Dec. 28, 2007>

Article 20-2(Purchase of Surety Insurance Policies) #

(1) Every labor law firm shall purchase a surety insurance policy covering at least 100 million won within 15 days after obtaining authorization for incorporating the labor law firm pursuant to Article 12-4 of the Act, and every certified public labor attorney who has filed for registration under Article 5 (1) of the Act (hereinafter referred to as "practicing labor attorney") shall purchase a surety insurance policy covering at least 20 million won per practicing labor attorney within 15 days after filing a report on establishing the offices or joint offices, respectively; and thereafter they shall submit the relevant evidential documents to the KCPLAA. <Amended on Jul. 28, 2020>

(2) Where the guarantee period expires after a labor law firm or a practicing labor attorney purchases a surety insurance policy, it/he or she shall re-purchase a surety insurance policy by the expiration date of the guarantee period, and shall submit the relevant evidential documents to the KCPLAA.

[This Article Wholly Amended on Nov. 19, 2010]

Article 20-3(Payment of Surety Insurance Money) #

(1) Where a client intends to receive surety insurance money as compensation, he or she shall submit an application prescribed by Ordinance of the Ministry of Labor and Employment to the KCPLAA along with an agreement for compensation and compromise protocol between the relevant client and a labor law firm or practicing labor attorney; copy of final and conclusive court judgment, and other documents having effect equivalent thereto. In such cases, the KCPLAA shall promptly issue a letter confirming the grounds for paying surety insurance money prescribed by Ordinance of the Ministry of Labor and Employment.

(2) Where compensation is made with surety insurance money, the labor law firm or practicing labor attorneys shall purchase a new surety insurance policy within 15 days.

[This Article Wholly Amended on Nov. 19, 2010]

Article 20-4 #

Deleted. <Nov. 19, 2010>

Article 20-5 #

Deleted. <Nov. 22, 2022>

Article 20-6 #

Deleted. <Nov. 22, 2022>

Article 20-7(Requests for Resolutions on Disciplinary Action) #

(1) Where the Minister of Labor and Employment deems that a certified public labor attorney falls under any subparagraph of Article 20 (1) of the Act, he or she shall request the Committee on Qualification Deliberation and Disciplinary Action to pass a resolution on disciplinary action against such labor attorney, accompanied by evidentiary documents. <Amended on Nov. 22, 2022>

(2) Upon receiving a request under paragraph (1), the Committee on Qualification Deliberation and Disciplinary Action shall, without delay, notify the disciplinary suspect of the details thereof. <Amended on Nov. 22, 2022>

[This Article Wholly Amended on Nov. 19, 2010]

Article 20-8(Deadline for Resolutions on Disciplinary Action) #

The Committee on Qualification Deliberation and Disciplinary Action shall pass a resolution on disciplinary action within 90 days of receiving a request for a resolution on disciplinary action: Provided, That where it is impracticable to pass a resolution within the period due to any unavoidable cause, the period may be extended by up to 30 days. <Amended on Nov. 22, 2022>

[This Article Wholly Amended on Nov. 19, 2010]

Article 20-9 #

Deleted. <Nov. 22, 2022>

Article 20-10 #

Deleted. <Nov. 22, 2022>

Article 20-11(Notification of Resolutions on Disciplinary Action) #

Where the Committee on Qualification Deliberation and Disciplinary Action passes a resolution to take disciplinary action against a disciplinary suspect, it shall, without delay, notify the Minister of Labor and Employment of such fact, specifying the grounds for such action. <Amended on Nov. 22, 2022>

[This Article Wholly Amended on Nov. 19, 2010]

Article 21(Rules of KCPLAA) #

The rules of the KCPLAA shall include the following matters:

1. Objectives;

2. The name and location of its office;

3. Matters relating to executive officers, such as chairperson, vice-chairperson, directors, and auditors;

4. Matters relating to the organization and operation of general meetings;

5. Matters relating to the organization and operation of general meetings of representatives that are comprised of those elected from among the members;

6. Matters relating to reporting on the results of general meetings prescribed in subparagraph 4 and representatives general meetings prescribed in subparagraph 5 to the Minister of Labor and Employment;

7. Matters relating to the admission and withdrawal of members and disciplinary action against them;

8. Matters relating to the registration, refusal of registration, revocation of registration, and discontinuance of business;

9. Matters relating to the education of certified public labor attorneys;

10. Matters relating to the maintenance of dignity and promotion of welfare of members;

11. Matters relating to business plans, allocation of membership fees, budget and accounting;

12. Matters relating to the establishment and operation of the KCPLAA and its branches;

13. Matters relating to the organization, operation, etc. of the Registration Review Committee established under Article 24-3 of the Act;

14. Matters relating to the amendment to the rules.

[This Article Wholly Amended on Nov. 19, 2010]

Article 22(Business Plans and Budgets) #

The KCPLAA shall prepare a business plan and budgetary proposal each business year; and shall finalize and conclude them, following resolutions passed by a general meeting.

[This Article Newly Inserted on Dec. 28, 2007]

Article 23 #

Deleted. <Apr. 9, 1999>

Article 24 #

Deleted. <Apr. 9, 1999>

Article 25 #

Deleted. <Apr. 9, 1999>

Article 26(Entrustment of Affairs) #

(1) The Minister of Labor and Employment shall entrust the affairs relating to receiving applications for the issuance or re-issuance of the certificate of qualification, affairs relating to issuing the certificates of qualification, and affairs relating to keeping records on the issuance of such certificates in the ledger of certificates of qualification as prescribed in Article 14 to the KCPLAA pursuant to Article 26 (1) of the Act: <Amended on Apr. 26, 2016; Jul. 28, 2020>

1. Deleted; <Jul. 28, 2020>

2. Deleted; <Jul. 28, 2020>

3. Deleted; <Jul. 28, 2020>

4. Deleted. <Jul. 28, 2020>

(2) The Minister of Labor and Employment shall entrust the following matters concerning management of examinations to the HRD Korea pursuant to Article 26 (2) of the Act:

1. Accepting applications for partial exemption from examinations pursuant to Article 7 (3);

2. Commissioning examination committee members pursuant to Article 8 (2);

3. Paying examination allowances pursuant to Article 9;

4. Administering and publicly announcing examinations pursuant to Article 10;

5. Determining and publicly announcing, and notifying successful examinees pursuant to Article 12.

[This Article Wholly Amended on Nov. 19, 2010]

Article 27(Imposition of Administrative Fines) #

The criteria for imposition of administrative fines under Article 30 (1) of the Act shall be as specified in attached Table 4.

[This Article Wholly Amended on Jul. 28, 2020]

Article 28(Delegation of Authority) #

The Minister of Labor and Employment shall delegate the following authority to the heads of regional employment and labor government offices pursuant to Article 31 of the Act: <Amended on Mar. 22, 2011; Jul. 28, 2020>

1. To grant authorization for incorporating labor law firms or to modify the articles of incorporation under the former part of Article 7-4 (1) of the Act;

2. To receive reports on the dissolution of labor law firms under Article 7-5 of the Act;

3. To issue orders to cancel authorization for incorporation of a law firm and to suspend business operations under Article 7-6 of the Act;

4. To issue orders to submit reports and materials, or to access business offices to inspect books and other documents, under Article 18 of the Act;

4-2. To receive reports on registration, etc. prescribed in Article 25 (4) of the Act;

5. To impose and collect administrative fines under Article 30 of the Act.

[This Article Wholly Amended on Nov. 19, 2010]

Article 29(Processing of Sensitive Information and Personally Identifiable Information) #

The Minister of Labor and Employment (including persons entrusted with the duties of the Minister of Labor and Employment pursuant to Article 26) or the KCPLAA may process information that constitutes criminal history records defined in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act, and data including resident registration numbers in subparagraph 1 of Article 19 of that Decree or foreigner registration numbers in subparagraph 4 of that Article, if it is essential for performing the following affairs:

1. Affairs relating to qualifying examinations for certified public labor attorneys under Article 3-2 of the Act;

2. Affairs relating to partial exemption from examinations under Article 3-3 of the Act;

3. Affairs relating to registration or cancellation of registration under Article 5 or 19 of the Act.

4. Affairs relating to disciplinary action against public labor attorneys under Article 20 of the Act.

[This Article Newly Inserted on Jan. 6, 2012]

Article 30 #

Deleted. <Apr. 26, 2016>