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CERTIFIED LABOR AFFAIRS CONSULTANT ACT

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CERTIFIED LABOR AFFAIRS CONSULTANT ACT

Act No. 3771, Dec. 31, 1984

Amended by Act No. 4234, Apr. 7, 1990

Act No. 5018, Dec. 6, 1995

Act No. 5477, Dec. 24, 1997

Act No. 5815, Feb. 5, 1999

Act No. 5887, Feb. 8, 1999

Act No. 6333, Dec. 30, 2000

Act No. 7046, Dec. 31, 2003

Act No. 7428, Mar. 31, 2005

Act No. 7796, Dec. 29, 2005

Act No. 8473, May 17, 2007

Act No. 8615, Aug. 3, 2007

Act No. 8780, Dec. 21, 2007

Article 1 (Purpose)

The purpose of this Act is to promote the welfare of workers and to contribute to the sound development of enterprises by striving for the smooth operation of labor-related matters and autonomous management of labor affairs by businesses or workplaces through the establishment of a certified labor affairs consultant system.

Article 2 (Scope of Duties) (1) A certified labor affairs consultant shall perform duties described in the following subparagraphs: 1. Acting as a representative or an agent for notification, application, report, statement, request (including filing a complaint, a request for examination and a request for a trial) and remedy of rights etc., made to the authorities under labor laws and regulations; 2. Preparing and confirming all the documents under labor laws and regulations; 3. Consultation and guidance regarding labor laws and regulations and labor management; 4. Labor management diagnosis for businesses or workplaces to which the Labor Standards Act is applicable; and 5. Private mediation or arbitration prescribed in Article 52 of the Trade Union and Labor Relations Adjustment Act. - 2 - (2) The ßÖlabor management diagnosisß×in subparagraph 4 of paragraph (1) refers to a series of activities of analyzing and diagnosing matters concerning personnel, labor management and labor relations in a business or workplace at the request of both or either of its labor and management, and proposing rational improvement measures based on the results. (3) Necessary matters concerning the scope of labor laws and regulations prescribed in subparagraphs 1 through 3 of paragraph (1) and the implementation of labor management diagnosis under subparagraph 4 of the same paragraph shall be prescribed by the Presidential Decree. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 3 (Qualification) A person who has passed a qualification examination for certified labor affairs consultants prescribed in Article 3-2 shall be qualified for a certified labor affairs consultant. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 3-2 (Qualification Examination for Certified Labor Affairs Consultants) (1) A qualification examination for certified labor affairs consultants shall be administered by the Minister of Labor and consist of the first, second and third examinations. (2) Requirements for application for a qualification examination for certified labor affairs consultants under paragraph (1), examination subjects, examination method, delivery of qualification certificates and other necessary matters shall be prescribed by the Presidential Decree. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> Article 3-3 (Partial Exemption from Examination) (1) A person who falls under any of the following subparagraphs shall be exempted from all test subjects of the first examination, and some test subjects of the second examination as prescribed by the Presidential Decree to the extent that the number of the exempted test subjects does not exceed one half of the total test subjects of the second examination : 1. A person who has served as a public official of Grade V or higher and a general public official in the Senior Civil Service for not less than five years out of a total of at least ten year experience in labor administration; and - 3 - 2. A person who has served as a public official of Grade VI or higher or a general public official in the Senior Civil Service for not less than eight years out of a total of at least 15-year experience in labor administration. (2) A person who has engaged in labor-related work prescribed by the Presidential Decree for not less than ten years shall be exempted from some test subjects of the first examination as prescribed by the Presidential Decree. (3) The scope of public officials engaged in the field of labor administration under each subparagraph of paragraph (1) shall be prescribed by the Presidential Decree. (4) A person who has passed the first examination shall be exempted from taking the next first examination only once and a person who has passed the first and second examinations shall be exempted from taking the next first and second examinations only once. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> Article 3-4 (Certified Labor Affairs Consultant Qualification Deliberation Committee) (1) A Certified Labor Affairs Consultant Qualification Deliberation Committee may be established in the Ministry of Labor to deliberate the following matters concerning the acquisition of a certified labor affairs consultant's qualification. 1. Matters concerning the examination, such as adjusting the test subjects of the qualification examination for certified labor affairs consultants; 2. Matters concerning conditions for those subject to partial exemption from the examination; 3. Other matters concerning the acquisition of a certified labor affairs consultant's qualification; and 4. Determination of the number of consultants selected through the examination (2) Matters necessary for the establishment and operation of the Certified Labor Affairs Consultant Qualification Deliberation Committee shall be prescribed by the Presidential Decree. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> Article 3-5 (Measures for Exam Cheaters) For those who commit an act of cheating in a qualification examination for certified labor affairs consultants, the Minister of Labor shall suspend or invalidate the examination or cancel the decision of pass, and suspend their qualification to apply for such - 4 - examination for five years from the day he/she suspended or invalidated the examination or canceled the decision of pass. <Newly Inserted by Act No. 8615, Aug. 3, 2007> <Enforcement Date Jan. 1, 2008> Article 4 (Reasons for Disqualification) A person who falls under any of the following subparagraphs shall not become a certified labor affairs consultant: 1. A minor; 2. A person of incompetency or quasi-incompetency; 3. A person who was declared bankrupt and has not been reinstated yet; 4. A person who is a public official discharged as a result of disciplinary action and for whom three years has not elapsed since the date of discharge; 5. A person who was sentenced to imprisonment without prison labor or a heavier punishment, and for whom three years have not elapsed after the termination of, or exemption from, its execution; 6. A person who was consigned to a suspended sentence and for whom two years has not elapsed after the end of that period; and 7. A person who was sentenced to imprisonment without prison labor or a heavier punishment and is on probation. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 5 (Registration) (1) If a person with qualification as a certified labor affairs consultant intends to commence the duties prescribed in Article 2, he/she shall register him/herself with the Minister of Labor after completion of certain practical training under the conditions as prescribed by the Presidential Decree: Provided that a person falling under any subparagraph of Article 3-3 (1) and a person who has worked for ten years or more in the labor-related affairs prescribed in Article 3-3 (2) shall be exempted from the practical training. <Amended by Act No. 8615, Aug. 3, 2007> (2) Deleted. <Act No. 4234, Apr. 7, 1990> (3) An application for registration under paragraph (1) shall not be made doubly. <Amended by Act No. 8615, Aug. 3, 2007> (4) The Minister of Labor shall reject the registration under paragraph (1), of a person for whom three years have not - 5 - elapsed since the date on which his/her former registration was cancelled under Article 19 (1) 1 or Article 20. <Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 6 (Restriction on Installation of office) A certified labor affairs consultant who has registered under the provision of Article 5 (1) (hereinafter referred to as the ßÖpracticing labor affairs consultantß×) shall not install and operate two or more offices. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 7 (Joint Office) (1) A practicing labor affairs consultant may install a joint office with not less than two certified labor affairs consultants in order to handle affairs effectively and to increase public trust. (2) The installation and operation of a joint office and other necessary matters shall be prescribed by the Presidential Decree. (3) In respect of matters concerning a joint office which are not provided in this Act, the provisions of the Civil Act concerning partnerships shall apply mutatis mutandis. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 7-2 (Labor Juristic Person) A practicing labor affairs consultant may establish a juristic person in order to perform the duties in a systematic and specialized manner. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 7-3 (Member of Labor Juristic Person) (1) The members of a labor juristic person shall be composed of not less than two certified labor affairs consultants. (2) A person for whom three years have not elapsed since the date on which the registration was cancelled under Article 19 (1) 1 or Article 20, or a person who is in the term of suspension after suspension of qualification or suspension of duty was imposed on him/her shall not be a member of a labor juristic person. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> - 6 - Article 7-4 (Procedure, etc., for Incorporation of Labor Juristic Person) (1) For a labor juristic person to be incorporated, the certified labor affairs consultant who will be its member shall prepare articles of incorporation, and obtain approval thereof from the Minister of Labor, under the conditions as prescribed by the Presidential Decree. The same shall apply to a modification of the articles of incorporation. (2) The articles of incorporation shall contain the following matters: 1. Purpose; 2. Name; 3. Place of office; 4. Names and addresses of members; 5. Matters concerning the contribution from members; 6. The period or conditions, if the period of existence or conditions of dissolution is determined; and 7. Other matters prescribed by the Presidential Decree. (3) A labor juristic person shall register under the conditions as prescribed by the Presidential Decree. (4) A labor juristic person shall be formed by registration of incorporation in the main office. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 7-5 (Dissolution of Labor Juristic Person) (1) A labor juristic person shall be dissolved due to any of the following causes: 1. Occurrence of the conditions for dissolution determined by the articles of incorporation; 2. Resolution by a general meeting of members; 3. Merger; 4. Bankruptcy; and 5. Cancellation of approval of incorporation. (2) If a labor juristic person dissolves, the liquidator shall report the reason to the Minister of Labor without delay. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 7-6 (Cancellation of Authorization for Labor juristic Person) The Minister of Labor may cancel the authorization for a labor juristic person if the labor juristic person falls under any of the following subparagraphs: - 7 - 1. In case a new member is not supplied within three months from the date on which the number of members fell short of the number under the provision of Article 7-3 (1); or 2. In case this Act or an order under this Act is violated. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 7-7 (Mutatis Mutandis Application) (1) In respect of matters regarding labor juristic persons, which are not provided in this Act, the provisions of the Commercial Act concerning commercial partnerships shall be applied mutatis mutandis. (2) The provisions of this Act regarding practicing labor affairs consultants shall apply mutatis mutandis to labor juristic persons unless the provisions are inconsistent with the nature of labor juristic persons. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 8 (Name, etc., of Office) (1) Deleted. <Act No. 5887, Feb. 8, 1999> (2) Deleted. <Act No. 5887, Feb. 8, 1999> (3) A person who is not a certified labor affairs consultant under this Act shall not use as its name, certified labor affairs consultant, office of certified labor affairs consultant, joint office of certified labor affairs consultant and labor juristic person, or other names similar thereto. <Amended by Act No. 8615, Aug. 3, 2007> (4) A person who is not a joint office of certified labor affairs consultant or a labor juristic person under this Act shall not use as its name, joint office of certified labor affairs consultant and labor juristic person, or other names similar thereto. <Amended by Act No. 8615, Aug. 3, 2007> Article 9 (Discontinuation of Business) If a practicing labor affairs consultant intends to discontinue the business, he/she shall report this to the Minister of Labor. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 10 Deleted. <Act No.5815, Feb. 5, 1999> Article 11 (Business Assistant) (1) A practicing labor affairs consultant may have assistants - 8 - who will assist his/her business. (2) The actions of a business assistant in connection with his/her duties shall be considered to be the actions of the practicing labor affairs consultant who employs him/her. (3) A person who falls under any subparagraph of Article 4 shall not become a business assistant : Provided that this shall not apply if the person was declared bankrupt and has not reinstated yet. <Amended by Act No. 8780, Dec. 21, 2007> <Enforcement Date Jan. 1, 2008> (4) A practicing labor affairs consultant shall not have as his/her business assistant a person who falls under paragraph (3). <Amended by Act No. 8780, Dec. 21, 2007> <Enforcement Date Jan. 1, 2008> <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 12 (Obligation, etc. to Maintain Dignity and Perform in Good Faith) (1) A practicing labor affairs consultant shall always maintain dignity, and perform his/her duties fairly and in good faith and when he/she cannot perform his/her duties fairly, he shall not perform the duties prescribed in Article 2. (2) A practicing labor affairs consultant shall sign or affix a seal on the documents he/she has prepared or confirmed under Article 2 (1). (3) A practicing labor affairs consultant shall not refuse, without a just cause, a request from a client with regard to his/her duties. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 12-2 Deleted. <Act No. 5887, Feb. 8, 1999> Article 12-3 (Application for Inspection of Related Books, etc.) A practicing labor affairs consultant, if necessary for performing the duties under Article 2, may request the inspection of related books and documents of a related institution or of a related person. In this case, if the request is made to perform the duties under Article 2 (1) 1 or 2, the related institution so requested shall not refuse the request without a justifiable reason. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 12-4 (Guarantee of Compensation for Damage) - 9 - In order to guarantee compensation for damage caused to a client intentionally or negligently during the performance of his/her duties, a practicing labor affairs consultant shall take out guarantee insurance under the conditions prescribed by the Presidential Decree. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 13 (Prohibited Acts) A practicing labor affairs consultant and his/her business assistant shall not do the following acts: 1. An act of having a client get financial gains, such as insurance benefits, in a false or fraudulent way, or not pay insurance premiums and fulfill other monetary obligations under labor laws and regulations; 2. An act of having a client not fulfill the obligation to notify and report and other obligations under labor laws and regulations; 3. An act of providing guidance and consultation about acts against laws and regulations, and other acts similar thereto; 4. An act of using a professional broker or soliciting clients in other unjust ways. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 14 (Keeping of Secrets) A person (including a person who is or was a business assistant to a person who is or was a practicing labor affairs consultant) who is or was a practicing labor affairs consultant shall not disclose facts learned in relation to his/her business to other persons without a just cause. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 15 Deleted. <Act No. 5887, Feb. 8, 1999> Article 16 Deleted. <Act No. 5887, Feb. 8, 1999> Article 17 (Keeping, etc., of Books) (1) A practicing labor affairs consultant shall keep books about the business of his/her office, record and manage them faithfully, and preserve them for three years. (2) The types and forms of books kept under paragraph (1) and other necessary matters shall be prescribed by the Ordinance of the Ministry of Labor. - 10 - <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 18 (Order, etc., for Supervision) (1) The Ministry of Labor, if necessary for finding out whether a practicing labor affairs consultant violates this Act, or a order under this Act, may order the consultant to report matters concerning the business, or submit materials and do other necessary things, and may have his/her public official enter the office, inspect books and documents and ask questions. (2) A public official who enters the office or inspects under paragraph (1) shall carry a certificate indicating such authority, and show it to a related person. (3) The Minister of Labor may have the Certified Labor Affairs Consultant Association under Article 24 inspect business under paragraph (1). In this case, the Certified Labor Affairs Consultant Association shall report the results thereof to the Minister of Labor. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 19 (Cancellation, etc., of Registration) (1) If a practicing labor affairs consultant falls under any of the following subparagraphs, the Minister of Labor shall cancel the registration : 1. In case he/she falls under the reasons for disqualification under Article 4; 2. In case he/she reports discontinuation of business under Article 9; 3. In case his/her qualification as a certified labor affairs consultant is suspended under Article 20; and 4. In case he/she is dead. (2) A person for whom registration was cancelled under paragraph (1) shall return the registration certificate. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 20 (Disciplinary Action) (1) The Minister of Labor shall, if a practicing labor affairs consultant falls under any of the following subparagraphs, take disciplinary action pursuant to paragraph (3) according to a decision by the Disciplinary Committee for Certified Labor Affairs Consultants (hereinafter referred to as the ßÖDisciplinary Committeeß×): - 11 - 1. Where he/she sets up and operates two offices or more in violation of Article 6; 2. Where he/she has become a member of a labor juristic person in violation of Article 7-3 (2); 3. Where he/she employs a business assistant in violation of Article 11 (4); 4. Where he/she violates the obligation to maintain dignity and perform in good faith pursuant to Article 12 (1); 5. Where he/she fails to sign or affix a seal on documents prepared or confirmed by him/herself in violation of Article 12 (2); 6. Where he/she has committed a prohibited act described in any subparagraph of Article 13; 7. Where he/she violates the obligation to keep secrets pursuant to Article 14; 8. Where he/she violates the obligation to keep, record, manage and preserve books about his/her business pursuant to Article 17 (1); 9. Where he/she fails to comply with an order to report and submit materials or refuses, obstructs or evades inspection or questioning pursuant to Article 18 (1); 10. Where he/she violates the ban on lending the qualification certificate, etc., pursuant to Article 20-2; or 11. Where he/she has borrowed the qualification certificate of another person to establish and operate a labor juristic person or joint office. (2) Even in case a practicing labor affairs consultant has committed an offence described in any subparagraph of paragraph (1) and reported the closure of his/her business, he/she shall be subject to disciplinary action under paragraph (3) according to a decision by the Disciplinary Committee. (3) The types of disciplinary action against practicing labor affairs consultants or certified labor affairs consultants (hereinafter referred to as "practicing labor affairs consultants, etc." Hereinafter in this Act the same shall apply.) who have reported closure of business pursuant to paragraph (2) are as follows: 1. Suspension of qualification for up to three years; 2. Cancellation of registration; 3. Suspension of duty for up to six months; and 4. Reprimand. (4) The Certified Labor Affairs Consultant Association under - 12 - Article 24, if it deems a practicing labor affairs consultant to have the cause for disciplinary action described in any subparagraph of paragraph (1), may request the Minister of Labor to take disciplinary action against the practicing labor affairs consultant, together with documentary evidence. (4) A person whose registration has been cancelled, and a person whose qualification has been suspended pursuant to paragraph (1) or (2) shall return the registration certificate and the qualification certificate, respectively. (5) A decision on disciplinary action under paragraph (1) or (2) shall be made at the request of the Minister of Labor and the request shall not be made if three years have elapsed since the date on which there occurred the cause described in any subparagraph of paragraph (1). (6) The organization and operation of the Disciplinary Committee, and other necessary matters shall be prescribed by the Presidential Decree. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 20-2 (Prohibition against Lending Qualification, etc.) A certified labor affairs consultant shall not have any other person carry out the duties of a certified labor affairs consultant under his/her name or the name of his/her office, nor lend his/her qualification certificate or registration certificate. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> Article 21 Deleted. <Act No. 5477, Dec. 24, 1997> Article 22 (Hearings) If the Minister of Labor intends to take actions, etc., described in any of the following subparagraphs, he/she shall hold a hearing: 1. Cancellation of authorization for a labor juristic person under Article 7-6; or 2. Decision by the Disciplinary Committee under Article 20 (1). <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 23 Deleted. <Act No. 5887, Feb. 8, 1999> Article 24 (Establishment, etc., of Certificated Labor Affairs - 13 - Consultant Association) (1) The Certificated Labor Affairs Consultant Association shall be set up to promote the quality of certified labor affairs consultants and maintain their dignity, and to improve the certificated labor affairs consultant system and carry out related work efficiently. <Enforcement Date Feb. 4, 2008> (2) For the Certificated Labor Affairs Consultant Association to be established pursuant to paragraph (1), the articles of the association shall be established and approval therefor shall be obtained from the Minister of Labor. The same shall apply in the case of modifying the matters approved. (3) Major contents included in the articles of the association under paragraph (2) shall be prescribed by the Presidential Decree. (4) The Certificated Labor Affairs Consultant Association shall be a juristic person. (5) With regard to matters concerning the Certificated Labor Affairs Consultant Association which are not prescribed by this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 24-2 (Joining Certified Labor Affairs Consultant Association and Public Interest Activities) (1) Any practicing labor affairs consultant shall join the Certified Labor Affairs Consultant Association. (2) Certified labor affairs consultants shall actively participate in public interest activities, such as support for vulnerable groups. <This Article Newly Inserted by Act No. 8615, Aug. 3, 2007> <Enforcement Date Feb. 4, 2008> Article 25 (Guidance, Supervision, etc.) (1) The Minister of Labor may, if necessary for supervising the Certified Labor Affairs Consultant Association, order the Certified Labor Affairs Consultant Association to report matters concerning its business or submit materials, or issue other necessary orders and have his/her public official enter the office, inspect books, documents, etc., or ask questions. (2) With regard to public officials under paragraph (1), the provision of Article 18 (2) shall apply mutatis mutandis. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> - 14 - <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 26 (Entrustment of Affairs) (1) The Minister of Labor may entrust the following work to the Certificated Labor Affairs Consultant Association: <Enforcement Date Nov. 18, 2007> 1. Practical training for certified labor affairs consultants; 2. Guidance and education for workers and employers about the rational management of labor affairs; and 3. Other works as deemed necessary for the enforcement of this Act and designated by the Minister of Labor. (2) The Minister of Labor may entrust the work of administering qualification examinations for certified labor affairs consultants under Article 3-2 (1) to the Human Resources Development Service of Korea under the Act on the Human Resources Development Service of Korea. (3) If the Minister of Labor entrusts work to the Certificated Labor Affairs Consultant Association and the Human Resources Development Service of Korea under paragraph (1) and (2), he/she may subsidize necessary expenses within the limits of the budget. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 26-2 (Support, etc., for Vulnerable Groups) (1) The State or a public agency may have a certified labor affairs consultant assist socially vulnerable groups in cases concerning labor laws and regulations. (2) If the State or a public agency intends to have a certified labor affairs consultant assist socially vulnerable groups pursuant to paragraph (1), matters concerning the method and procedures, the scope of vulnerable groups and the remunerations of such certified labor affairs consultant shall conform to the conditions prescribed by other laws. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Enforcement Date Nov. 18, 2007> Article 27 (Restrictions on Affairs) A person who is not a certificated labor affairs consultant shall not perform the duties under Article 2 (1) 1, 2 or 4 as a profession: Provided that this shall not apply if other laws and regulations prescribe otherwise. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> - 15 - Article 28 (Penal Provisions) (1) A person who falls under any of the following subparagraphs shall be punished by imprisonment of up to three years, or by a fine not exceeding five million won: 1. A person who violates the obligation to keep secrets under Article 14; and 2. A person who violates the restrictions on affairs under Article 27. (2) A person who falls under any of the following subparagraphs shall be punished by imprisonment of up to one year, or by a fine not exceeding two million won: 1. A person who has committed the prohibited act under subparagraph 1 or 2 of Article 13; and 2. A person who violates the ban on lending the qualification certificate under Article 20-2 and his/her counterpart. (3) A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding one million won: 1. A person who has committed the prohibited act under subparagraph 4 of Article 13; and 2. A certified labor affairs consultant who performs the duties of a practicing labor affairs consultant without registering under Article 5 (1). <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 29 (Joint Penal Provisions) (1) If a business assistant of a practicing labor affairs consultant commits the violation referred to in Article 28 in relation to the business of the practicing labor affairs consultant, the practicing labor affairs consultant, in addition to the offender, shall be punished by a fine in accordance with the same Article. (2) If a certified labor affairs consultant who is a member of a labor juristic person commits the violation referred to in Article 28, the labor juristic person, in addition to the offender, shall be punished by a fine in accordance with the same Article. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 30 (Fine for Negligence) (1) A person who falls under any of the following - 16 - subparagraphs shall be punished by a fine for negligence not exceeding one million won: 1. A person who violates the ban on use of similar names under Article 8 (3) and (4); 2. A person who violates the obligation to report closure of business under Article 9; 3. A person who violates the obligation to keep, record, manage and preserve books concerning business under Article 17 (1); and 4. A person who violates an order to report or submit materials or refuses, obstructs or evades inspection or questioning under Article 18 (1) (2) The fine for negligence under paragraph (1) shall be imposed and collected by the Minister of Labor under the conditions as prescribed by the Presidential Decree. (3) A person who is dissatisfied with the imposition of a fine for negligence under paragraph (2) may file an objection with the Minister of Labor within thirty days from the date on which the imposition was notified. (4) If a person imposed with a fine for negligence by the Minister of Labor under paragraph (2) files an objection under paragraph (3), the Minister of Labor shall, without delay, notify the competent court of this and the competent court so notified shall try the case of a fine for negligence in accordance with the Non-Contentious Case Litigation Procedure Act. (5) If no objection is made, nor is a fine for negligence paid within the period as referred to in paragraph (3), the fine for negligence shall be collected according to the process of recovery of national taxes in arrears. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Article 31 (Delegation of Authority) Part of the authority of the Minister of Labor under this Act may be delegated to the head of a local labor office under the condition as prescribed by the Presidential Decree. <This Article Wholly Amended by Act No. 8615, Aug. 3, 2007> <Title of This Article Amended by Act No. 8615, Aug. 3, 2007> Addendum <Act No. 8780, Dec. 21, 2007> This Act shall enter into force on January 1, 2008.   <hr class="make-database"> AsianLII: <a href="/asianlii/copyright.html" class="make-database">Copyright Policy</a> | <a href="/asianlii/disclaimers.html" class="make-database">Disclaimers</a> | <a href="/asianlii/privacy.html" class="make-database">Privacy Policy</a> | <a href="/asianlii/feedback.html" class="make-database">Feedback</a> URL: http://www.asianlii.org/kr/legis/laws/claca316 </body> </html>