ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND MANAGEMENT OF PROFESSIONAL LAW SCHOOLS

Article 1(Purpose) #

The purpose of this Decree is to provide for matters mandated by the Act on the Establishment and Management of Professional Law Schools and matters necessary for the enforcement thereof.

Article 2(Procedures for authorization for establishment) #

(1) When a founder or manager of a public or private school under the former part of Article 5 (2) of the Act on the Establishment and Management of Professional Law Schools (hereinafter referred to as the "Act") intends to establish a professional law school, he or she shall file an application for authorization for the establishment of a professional law school with the Minister of Education, along with documents stating the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 11, 2019>

1. Purpose;

2. Name;

3. Location;

4. School regulations;

5. The current status of teachers (excluding assistant professors under Article 14 (2) of the Higher Education Act; hereinafter the same shall apply) and teachers holding concurrent posts, visiting teachers, etc. and plans for securing such teachers under Article 9 (2);

6. The current status of educational facilities under Article 10 and a plan for securing them;

7. Curriculum and teaching methods;

8. The plan for maximum number of students and selection;

9. Scheduled date of opening of a law school;

10. Financial statements for the past three years of the university to which a professional law school is to be established; provided, the financial statements after the establishment of the university for which three years have not passed since its establishment;

11. Financial management plan of professional law school for the next three years, including financial resources, such as tuition and entrance fees, and scholarship systems;

12. Countermeasures for students in bachelor's degree courses on law to be abolished;

13. Plans for operating master's and doctor's degree courses on law education established at universities or colleges where professional law schools are to be established;

14. Plans for development of law schools;

15. Other matters that the Minister of Education deems particularly necessary for the establishment and operation of a professional law school, such as the establishment of research courses and on-the-job training plans.

(2) Upon receipt of an application for authorization for establishment under paragraph (1), the Minister of Education shall request the Law School Education Committee established under Article 10 of the Act (hereinafter referred to as the "Law School Education Committee") to deliberate on the application. The same shall also apply where the Minister receives an application for authorization for abolition under Article 3 and authorization for modification under Article 4 (2). <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 3(Procedures for authorization for abolition) #

Where a founder or manager of a public or private university under the latter part of Article 5 (2) of the Act intends to discontinue a professional law school, he or she shall file an application for authorization for discontinuance of a professional law school with the Minister of Education, along with documents stating the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Reasons for closure;

2. Date of closure;

3. Method of dealing with students and the student registry.

Article 4(Procedures for authorization for modification) #

(1) “Important matters prescribed by Presidential Decree” in the latter parts of Article 5 (2) and (4) of the Act means the following:

1. Purpose;

2. Name;

3. Location;

4. Quota of students.

(2) Any founder or manager of a public or private university who intends to obtain authorization for modification of the matters referred to in the subparagraphs of paragraph (1) pursuant to the latter part of Article 5 (2) of the Act shall file an application for authorization for modification with the Minister of Education, along with documents stating the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Details of modification;

2. Grounds for modification;

3. Date of modification.

Article 5(Matters to be considered in authorization for establishment) #

The Minister of Education shall consider the balance between regions in order to train excellent human resources necessary for the development of local universities and colleges and for the development of regions in authorizing the establishment, etc. of professional law schools under Articles 5 and 6 of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 6(Enrollments quota of professional law schools) #

(1) "Limits prescribed by Presidential Decree" in Article 7 (3) of the Act means 150 persons. <Amended on Feb. 22, 2010>

(2) Notwithstanding paragraph (1), where a vacancy occurs in an individual professional law school due to any of the following cases, it shall be deemed that there is a separate student enrollment quota corresponding to the student enrollment quota in the following school year within the scope not exceeding 10/100 of the student enrollment quota in the relevant professional law school; provided, this shall be limited to cases where the student enrollment quota for the admission screening for the year 2025 and 2026 is determined: <Newly Inserted on Jan. 17, 2023; Jan. 7, 2025>

1. Vacancies not filled by new students;

2. Vacancies due to disenrollment or withdrawal of enrolled students.

(3) Deleted. <Jan. 17, 2023>

Article 7(Operation of Law School Education Committee) #

(1) The chairperson of the Law School Education Committee shall represent the Committee and exercise overall control over its affairs.

(2) Where the Chairperson is unable to perform his or her duties due to any unavoidable cause, a member designated in advance by the Chairperson shall act on behalf of the Chairperson.

(3) The Chairperson shall convene and preside over meetings of the Law School Education Committee.

(4) A meeting of the members of the Law School Education Committee shall be convened with the attendance of a majority of all incumbent members and any decision thereof shall require the concurring vote of all incumbent members.

(5) Allowances and travel expenses may be paid to members of the Law School Education Committee and investigators under Article 8 (1).

(6) The Law School Education Committee shall have one executive secretary and one clerk respectively to handle the administrative affairs of the Law School Education Committee, and the Minister of Education shall appoint the executive secretary and clerk from among public officials of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 7-2(Dismissal of members) #

Where a member of the Law School Education Committee under Article 11 (3) 1 through 6 of the Act falls under any of the following cases, the Minister of Education may dismiss the relevant member from office:

1. Where he or she becomes incapable of performing his or her duties due to mental or physical disabilities;

2. Where he or has engaged in corruption in performing his or duties;

3. Where he or she is deemed no longer qualified as a member due to neglect of duties, injury to dignity, or any other reason;

4. Where he or she declares that it is difficult to perform his or her duties.

[This Article Added on Dec. 31, 2015]

Article 8(Appointment of investigators) #

(1) The chairperson of the Law School Education Committee shall appoint investigators under Article 15 (1) of the Act from among teachers who teach law at universities or colleges, judges, public prosecutors, or attorneys-at-law, certified public accountants, public officials who have engaged in educational administration for at least three years, and persons with knowledge and moral reputation, and the term of office of investigators shall be determined by the chairperson.

(2) After conducting a fact-finding investigation, an investigator shall submit a report on the results thereof to the Law School Education Committee.

(3) The on-site investigation group under Article 15 (2) of the Act shall be comprised of the following persons from among members of the Law School Education Committee and investigators:

1. 2 faculty members who teach law at a university or college;

2. 2 persons from among judges, public prosecutors, or attorneys-at-law;

3. 1 certified public accountant;

4. 1 public official who has been engaged in educational administration for at least 3 years;

5. 1 person who has knowledge and a good reputation.

(4) Where conducting an on-site investigation, the on-site investigation group shall visit the university which has applied for the establishment of a professional law school and investigate matters necessary for the examination of authorization in accordance with the standards for establishment under Article 5 (1) of the Act and the detailed standards under Article 6 (2) of the Act, and then submit a report on the results thereof to the Law School Education Committee.

(5) The Law School Education Committee shall send a report on the results under paragraph (4) to a person who has applied for authorization for the establishment of a professional law school, and the applicant in receipt of the report on the results may submit his or her opinion, etc. on the report on the results.

(6) The Law School Education Committee shall deliberate on whether to grant authorization for establishment by compiling documents submitted at the time of applying for authorization for establishment, reports on the results under paragraphs (2) and (4), opinions submitted under paragraph (5), etc., and submit the results thereof to the Minister of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(7) Except as provided in this Decree, matters necessary for the operation of the Law School Education Committee, appointment of investigators, procedures for deliberation, etc. shall be determined by the Law School Education Committee.

Article 9(Faculty members) #

(1) “The number of students prescribed by Presidential Decree” in Article 16 (1) of the Act means 12 students.

(2) "Teachers holding concurrent posts, etc. prescribed by Presidential Decree" in Article 16 (2) of the Act means teachers holding concurrent posts, inviting teachers, etc. under subparagraphs 2 and 3 of Article 7 of the Enforcement Decree of the Higher Education Act. <Amended on Jun. 11, 2019>

(3) The number of teachers holding concurrent posts, etc. to be included in the number of faculty members pursuant to Article 16 (2) of the Act shall be calculated by dividing the aggregate of teaching hours per week of of teachers holding concurrent posts, inviting teachers, etc. under paragraph (2) by 9 hours, but the decimal point shall be discarded. In such cases, the teaching hours recognized per person shall not exceed 9 hours per week. <Amended on Jun. 11, 2019>

(4) In principle, the teaching hours of a faculty member of a professional law school shall be six hours per week on the basis of 30 weeks of each school year; provided, if deemed necessary, it may be determined differently by school regulations.

Article 10(Educational facilities) #

“Facilities prescribed by Presidential Decree” in Article 17 (1) of the Act means lecture rooms, faculty research rooms, law libraries, mock courts, seminar rooms, administrative offices, and information and communications facilities.

Article 11(Degrees) #

Juris doctorate degrees and doctorate degrees under Article 18 (1) of the Act shall be technical degrees; provided, in cases of doctorate degrees, academic degrees may be conferred as prescribed by school regulations.

Article 12(Credits) #

(1) "Credits prescribed by Presidential Decree" in Article 19 (1) of the Act means 90 credits.

(2) "Limits prescribed by Presidential Decree" in Article 19 (2) of the Act means 30 credits. <Amended on Dec. 27, 2012>

(3) "Scope prescribed by Presidential Decree" in Article 19 (3) of the Act means 15 credits. <Added on Dec. 27, 2012>

Article 13(Curriculum) #

(1) A professional law school shall open courses including the following subjects so that students can provide guidance on the values of legal knowledge, legal knowledge, specialized skills, etc. of students as legal professionals:

1. Legal ethics;

2. Investigation of legal information, including information on domestic and foreign statutes and precedents;

3. Preparation of legal documents, such as judgments, complaints, and pleadings;

4. Mock trial;

5. Practice courses.

(2) A professional law school shall provide students with opportunities to serve society through practical training courses under paragraph (1) 5.

Article 14(Classification of admission screening) #

(1) The general screening process under Article 23 (1) of the Act shall be a screening process for persons who have qualifications for admission under Article 22 of the Act in accordance with universal educational standards. <Amended on May 15, 2018>

(2) Special screening referred to in Article 23 (1) of the Act (hereinafter referred to as "special screening") shall be conducted in accordance with differential educational compensation standards for persons who need physical, economic, or social consideration determined by professional law schools in accordance with the standards prescribed by the Minister of Education, from among persons who have qualifications for admission under Article 22 of the Act, in accordance with the standards prescribed by the Minister of Education. <Amended on May 15, 2018>

(3) Professional law schools shall be selected by special screening for at least 7/100 of the number of admitted students each year. <Added on May 15, 2018>

[Title Amended on May 15, 2018]

Article 15(Formulation and publication of admission screening plans) #

Where a professional law school intends to select students pursuant to Article 23 of the Act, it shall formulate an annual admission process plan including the following matters and publicly announce it before selecting admissions: <Amended on May 15, 2018>

1. Measures to ensure fairness in selection of students;

2. Types of admission screening data and methods of utilization thereof;

3. In cases of conducting special screening, persons eligible for selection and criteria for selection;

4. Other matters determined by the Minister of Education to be included in the entrance examination plan.

Article 16(Administration of aptitude tests) #

(1) When the Minister of Education designates an institution to conduct an aptitude test pursuant to the proviso of Article 24 (1) of the Act, he or she shall designate it from among the following institutions: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. A corporation established pursuant to Article 32 of the Civil Act and Article 4 of the Act on the Establishment and Operation of Public Interest Corporations with a professional law school or a university to which a professional law school belongs as its members;

2. Universities under Article 2 of the Higher Education Act;

3. The government-funded research institute established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

4. A corporation established pursuant to Article 32 of the Civil Act and Article 4 of the Act on the Establishment and Operation of Public Interest Corporations for the purpose of conducting aptitude tests.

(2) When the Minister of Education designates an institution conducting the aptitude test pursuant to the proviso of Article 24 (1) of the Act, he or she may require the institution to be designated to submit the current status of its organization and human resources, a plan to conduct the aptitude test, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) An Institution designated as an institution conducting the aptitude test pursuant to the proviso of Article 24 (1) of the Act (hereinafter referred to as "designated institution") shall conduct the aptitude test at least once a year, and shall publicly announce the implementation plan thereof.

(4) Where a designated institution conducts an aptitude test, application fees shall be paid by means of electronic currency, electronic payment, etc. using information and communications networks. <Amended on Dec. 27, 2012>

(5) Application fees shall be refunded in any of the following cases; in such cases, the amount overpaid or erroneously paid in cases falling under subparagraph 1, the full amount of the examination fees paid in cases falling under subparagraph 2, and the amount determined by the Minister of Education in cases falling under subparagraph 3, respectively: <Added on Apr. 5, 2011; Mar. 23, 2013>

1. Where examination fees are overpaid or erroneously paid;

2. Where he or she fails to take an examination due to reasons attributable to the examination-designated institution;

Article 17(Notification of results of aptitude tests) #

(1) When a professional law school conducts an admission screening, it shall request a designated institution to notify the results of the aptitude test of applicants for the relevant professional law school.

(2) Upon receipt of a request from a professional law school under paragraph (1), the designated institution shall notify the professional law school of the results of all aptitude tests taken by the relevant applicants.

Article 18(Evaluation period of law schools) #

(1) A university or college which has a professional law school shall undergo evaluation by the Evaluation Committee of Professional Law Schools under Article 28 of the Act (hereinafter referred to as the "Evaluation Committee") in the year 4 years from the year in which a student first entered the school, and shall undergo evaluation by the Evaluation Committee every 5 years from the time it undergoes the first evaluation.

(2) Notwithstanding paragraph (1), the Evaluation Committee may conduct an evaluation even at a time other than the evaluation period referred to in paragraph (1) in any of the following cases:

1. Where a university or college files an application for evaluation;

2. Where a university or college falsely prepares a self-evaluation report under Article 19 and submits it to the Evaluation Committee;

3. Where it is deemed urgently necessary to conduct an evaluation because it has caused a serious and obvious obstacle to the operation of the professional law school.

(3) A university or college which has a professional law school shall submit documents stating the following matters to the Evaluation Committee in order to undergo an evaluation under paragraph (1):

1. School regulations;

2. Current status of faculty members;

3. Current status of educational facilities under Article 10;

4.Curriculum;

5. Lecture assessment of students;

6. Standards for evaluation of students and results of evaluation;

7. Methods and results of admission screening;

8. Current status of graduation and results of bar examination;

9. The status of graduates' advancement into society every year (based on the lapse of 1 year after graduation);

10. Financial statements of the relevant professional law school (including financial resources, such as tuition fees and entrance fees, and the current status of scholarship payments);

11. The development plan at the time of filing an application for authorization of a professional law school, the results of the implementation thereof, and the future development plan.

Article 19(Self-evaluation) #

The Self-Evaluation under Article 32 of the Act shall be conducted every year two years before the year in which the Evaluation under Article 18 (1) is conducted, and shall prepare a Self-Evaluation Report and submit it to the Evaluation Committee, as prescribed by the Evaluation Committee.

Apticle 20 (Appointment of investigating members of Evaluation Committee)

Article 20(Appointment of Investigative Members of Evaluation Committee) #

(1) Article 8 (1) shall apply mutatis mutandis to the appointment and term of office of investigating members under Article 34 (1) of the Act. In such cases, "chairperson of the Law School Education Committee" shall be construed as "chairperson of the Evaluation Committee".

(2) Article 8 (3) shall apply mutatis mutandis to the composition of an on-site investigation group under Article 34 (2) of the Act. In such cases, "Law School Education Committee" shall be construed as "Evaluation Committee."

(3) Where conducting an on-site investigation, the on-site investigation group shall investigate matters necessary for evaluation, such as whether the standards for installation are met, etc. through activities such as interviews with teachers and staff and students, observation of classes, review of data, and actual investigation of the current status of facilities, and submit a report on the results thereof to the Evaluation Committee. <Amended on Jul. 2, 2019>

Article 21(Operation of Evaluation Committee) #

(1) Article 7 (1) through (4) shall apply mutatis mutandis to the operation of the Evaluation Committee. In such cases, "Law School Education Committee" shall be construed as "Evaluation Committee."

(2) Except as otherwise expressly provided for in this Decree, matters necessary for the operation of the Evaluation Committee, detailed standards and procedures for evaluation of professional law schools, etc. shall be determined by the Evaluation Committee.

Article 21-2(Management of personally identifiable information) #

The Minister of Education or the head of a designated institution may manage data containing resident registration numbers or alien registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable for performing examination management affairs, such as the preparation and administration of aptitude tests under the Act and this Decree, and notification of the results of aptitude tests under this Decree.

[This Article Added on May 18, 2015]

Article 22(Re-examination of regulation) #

The Minister of Education shall examine the appropriateness of the following matters every 3 years, counting from each base date specified in the following (referring to the period that ends on the day before January 1 of every 3rd year) and shall take measures, such as making improvements: <Amended on Mar. 12, 2025>

1. Deleted; <Mar. 12, 2025>

2. Standards for credits necessary for completing a master's degree course of law at a professional law school under Article 12 and the extent to which credits, etc. earned in a degree course of a foreign university or college can be recognized as credits of a professional law school: Jan. 1, 2016: Jan. 1, 2016;

3. Deleted; <Mar. 12, 2025>

4. Timing for self-evaluation of professional law schools and preparation and submission of self-evaluation reports under Article 19: Jan. 1, 2016;

5. Organization of an on-site investigation group of the Evaluation Committee of Professional Law Schools under Article 20 and methods of conducting on-site investigations under Article 20: Jan. 1, 2016.

[This Article Wholly Amended on Dec. 30, 2016]