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ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND OPERATION OF LAW SCHOOL

[Enforcement: Feb. 29, 2008] [Presidential Decree No. 20740, Feb. 29, 2008, Amendment of Other Laws and Regulations]

Ministry of Education, Science and Technology (Graduate School Support Division) 02- 2100-6250

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Act on the Establishment and Operation of Law School and matters required for the enforcement thereof.

Article 2 (Procedure of Establishment Authorization) (1) Founder·executive of a public or private university under the foregoing part of Article 5 (2) of the Act on the Establishment and Operation of Law School (hereinafter referred to as the "Act") shall, when intending to establish a law school, file an application for establishment of law school along with the documents containing descriptions on each of the following subparagraphs, to the Minister of Education, Science and Technology:

1. Purpose;

2. Name;

3. Location;

4. School regulations;

5. Current status of faculty (including dual-post teachers, visiting professors, etc.) and plan to secure teachers;

6. Current status of educational facilities under Article 10, and plan to secure more facilities;

7. Curriculum and instruction methods;

8. Limit on the number of enrollees and selection plan of enrollees;

9. Expected opening date of law school;

10. Financial statements of past 3 years of the university that will have law school: Provided, that if the university is younger than 3 years, the financial statements since its establishment;

11. Financial resources such as tuition and entrance fee, and financial operation plan of law school for future 3 years including scholarship system;

12. Measures for students of bachelor's degree course of laws which will be abolished;

13. Operation plan of degree courses for master and doctor of laws which will be opened in the university due to have law school;

14. Development plan of law school; and

15. Other matters deemed particularly necessary by the Minister of Education, Science and Technology concerning establishment and operation of law school, such as opening a study course and actual practice program. (2) The Minister of Education, Science and Technology shall, upon receiving application for establishment authorization under paragraph (1), entrust the deliberation on the application to the Legal Education Committee under Article 10 of the Act (hereinafter referred to as the "Legal Education Committee"). The same shall apply when receiving a revocation authorization under Article 3 and alteration authorization under Article 4 (2).

Article 3 (Procedure of Revocation Authorization) Founder·executive of a public or private university under the latter part of Article 5 (2) of the Act shall, when intending to revoke law school, file an application for revocation of law school along with the documents containing descriptions on each of the following subparagraphs, to the Minister of Education, Science and Technology:

1. Reason for revocation;

2. Date of revocation; and

3. Methods to dispose of students and school registers. Article 4 (Procedure of Alteration Authorization, Etc.) (1) The term "important matters determined by Presidential Decree" in the latter parts of Article 5 (2) and (4) respectively means the matters falling under each of the following subparagraphs:

1. Purpose;

2. Name;

3. Location; and

4. Limit on the number of enrollees. (2) Founder·executive of a public or private university under the latter part of Article 5 (2) of the Act shall, when intending to alter matters falling under each subparagraph of paragraph (1), file an application for alteration of law school along with the documents containing descriptions on each of the following subparagraphs, to the Minister of Education, Science and Technology:

1. Contents of alteration;

2. Reasons for alteration; and

3. Date of alteration. Article 5 (Matters to be Considered in Establishment Authorization, Etc.) The Minister of Education, Science and Technology shall, as regards establishment authorization, etc. of law school under Articles 5 and 6 of the Act, consider regional balance for development of local universities and fosterage of excellent manpower required for regional development. Article 6 (Number Limit of New Enrollees)

The term "within the limit determined by Presidential Decree" in Article 7 (3) of the Act means 150 persons.

Article 7 (Operation of Legal Education Committee) (1) The chairman of the Legal Education Committee shall represent the Committee and exercise overall control of the Committee affairs. (2) In the cases where the chairman is unable to perform his duties due to inevitable cause, the member nominated by the chairman beforehand shall perform the chairman's duties vicariously.

(3) The chairman shall convene meetings of the Committee, and preside over the meetings.

(4) Meetings of the Legal Education Committee shall open with the attendance of a majority of its members and resolve with the consent of a majority of its members. (5) Allowances and travel expenses may be paid to the members of the Legal Education Committee and the investigation members under Article 8 (1). (6) The Legal Education Committee shall have a secretary and a clerk to perform the Committee affairs, both of whom shall be appointed by the Minister of Education, Science and Technology.

Article 8 (Appointment of Investigation Members, Etc.) (1) The chairman of the Legal Education Committee shall appoint investigation members under Article 15 (1) of the Act from among faculty members teaching laws in universities, judge·prosecutor·attorney, certified public accountant, public officials engaged in educational administration for more than three years, and persons of learning and virtues, and term of office for investigation members shall be determined by the chairman. (2) The investigation member shall, upon conducting investigation of facts, submit the report of investigation results to the Legal Education Committee. (3) The on-the-spot investigation team under Article 15 (2) of the Act shall be composed of persons falling under each of the following subparagraphs, from among the Legal Education Committee members and the investigation members:

1. Faculty members teaching laws in universities: Two persons;

2. Judge, public prosecutor or attorney: Two persons;

3. Certified public accountant: One person;

4. Public official who has engaged in educational administration for over 10 years: One person;

5. Person of learning and virtues: One person. (4) The on-the-spot investigation team shall, in conducting investigation, visit the university that applied for establishment of law school, and investigate matters required to examine on authorization according to the establishment criteria under Article 5 (1) of the Act and detailed criteria under Article 6 (2) of the Act, and shall submit the report of investigation result to the Legal Education Committee. (5) The Legal Education Committee shall send the result report under paragraph (4) to the applicant for establishment of law school, and the applicant who has received the report may present opinions, etc. thereon.

(6) The Legal Education Committee shall deliberate on whether to grant the establishment authorization, through comprehensive review of the documents submitted with application, the result report under paragraphs (2) and (4) as well as the opinions presented under paragraph (5), etc., and shall submit the deliberation result to the Minister of Education, Science and Technology. (7) Necessary matters concerning operation of the Legal Education Committee, appointment of investigation members and deliberation procedure, etc., which are not provided in this Decree, shall be prescribed by the Legal Education Committee. Article 9 (Faculty)

(1) The term "number of students determined by Presidential Decree" in Article 16 (1) of the Act means 12 students.

(2) The term "dual-post teachers, etc. determined by Presidential Decree" in Article 16 (2) of the Act means dual-post teachers under subparagraph 1, Article 7 of the Enforcement Decree of the Higher Education Act and the visiting professors, etc. under subparagraph 4, Article 7 of the same Decree.

(3) The number of dual-post teachers, etc. under Article 16 (2) of the Act shall be computed from the aggregate of lesson hours per week undertaken by dual-post teachers and visiting professors, etc. under paragraph (2) divided by 9 hours, with figures below decimal point discarded. In such cases, the lesson hours admitted per teacher shall not exceed 9 hours a week.

(4) The class hours undertaken by each teacher of law school shall be in principle six hours a week, on the basis of 30 weeks per school year: Provided, that the hours may be determined differently from the principle by school regulations, if deemed necessary. Article 10 (Educational Facilities)

The term "facilities determined by Presidential Decree" in Article 17 (1) of the Act means lecture rooms, offices of faculty members, law library, moot court, seminar room, administration office, and information and communication facilities. Article 11 (Degree)

Master's degree and doctor's degree under Article 18 (1) of the Act shall be professional degree: Provided, that in case of doctor's degree, academic degree (doctor of philosophy) may be conferred as prescribed by school regulations. Article 12 (Credits)

(1) The term "credits determined by Presidential Decree" in Article 19 (1) of the Act shall be 90 credits.

(2) The term "limit determined by Presidential Decree" in Article 19 (2) and (3) of the Act shall be 15 credits.

Article 13 (Curriculum)

(1) Law school shall open curriculum including matters falling under each of the following subparagraphs, in order to instruct students the values, legal knowledge and expert technique, etc. which shall be retained by a lawyer:

1. Legal ethics;

2. Research of legal information such as statutes domestic and foreign, and precedents;

3. Preparation of legal documents such as judgment text, pleadings and written proceeding;

4. Mock trial; and

5. Actual practice program. (2) Law school shall provide students with an opportunity to serve society through actual practice program referred to in subparagraph 5 of paragraph (1). Article 14 (Division of Admission Screening)

(1) General screening under Article 23 (1) of the Act means admission screening conducted to persons who acquired bachelor's degree under Article 22 of the Act according to general education criteria.

(2) Special screening under Article 23 (1) of the Act means admission screening conducted to persons in physically or economically handicapped conditions like the disabled, as determined by the law school, from among persons who acquired bachelor's degree under Article 22 of the Act.

Article 15 (Formulation and Public Notice of Admission Screening Plan) Law school shall, in case of intending to select students under Article 23 of the Act, formulate admission screening plan containing the contents in each of the following subparagraphs every year, and issue public notice thereof prior to selecting new enrollees:

1. Scheme to secure fairness in selecting students;

2. Kinds of admission screening data and their utilization method; and

3. In case of conducting special screening, persons subject to such screening and criteria of selection.

Article 16 (Implementation of Aptitude Test)

(1) The Minister of Education, Science and Technology shall, when designating an institution to undertake the aptitude test, designate one from among the institutions falling under the following subparagraphs:

1. Juridical persons established under Article 32 of the Civil Act and Article 4 of the Act on the Establishment and Operation of Public-Service Corporations, which have law school or university having law school as their constituent;

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

3. Government-funded research institutions established under Article 8 of the Act on the Establishment, Operation and Fosterage of Government-Funded Research Institutions; and

4. Juridical persons established with the objective of conducting aptitude test, in accordance with Article 32 of the Civil Act and Article 4 of the Act on the Establishment and Operation of Public-Service Corporations. (2) The Minister of Education, Science and Technology may, when designating an institution to undertake the aptitude test, ask the institution (subject to designation) to submit the current status of its organization and manpower as well as implementation plan of aptitude test, etc. (3) The institution which has been designated to undertake the aptitude test under the proviso to Article 24 (1) of the Act (hereinafter referred to as the "designated institution") shall conduct the aptitude test more than once every year: Provided, that the institution shall issue public notice of the implementation plan for the aptitude test. (4) In the case where the designated institution conducts the aptitude test, test fee shall be collected by the method determined by the institution. Article 17 (Notification of Aptitude Test Result) (1) Law school shall, when conducting admission screening, request the designated institution to notify the aptitude test results of the applicants to the law school concerned. (2) The designated institution shall, upon receiving the request from law school under paragraph (1), notify the results of all the aptitude tests taken by the applicants concerned. Article 18 (Evaluation Period of Law School, Etc.) (1) Any university which has law school shall undergo evaluation by the law school evaluation committee under Article 28 of the Act (hereinafter referred to as the "Evaluation Committee") in the fourth year from the year of receiving initial enrollees, and shall undergo evaluation by the Evaluation Committee every five years after the initial evaluation.

(2) Notwithstanding paragraph (1), the Evaluation Committee shall conduct evaluation in the period other than the period stipulated in paragraph (1), in case of falling under any of the following subparagraphs:

1. Cases where a university requests the evaluation;

2. Cases where a university falsely prepared self-evaluation report and submitted it to the Evaluation Committee; and

3. Other cases where urgent implementation of aptitude test is deemed required due to occurrence of serious and apparent impediment to the operation of law school. (3) Any university which has law school shall furnish documents containing descriptions on matters falling under each of the following subparagraphs, and submit them to the Evaluation Committee:

1. School regulations;

2. Current status of faculty;

3. Current status of educational facilities under Article 10;

4. Curriculum;

5. Evaluation of lectures by students;

6. Criteria and results of evaluation of students;

7. Methods and results of admission screening;

8. Situation of graduations and results of bar exams;

9. Situation of graduates' advancement into society each year (surveyed as of the date when one year has elapsed from graduation);

10. Financial statements of the law school concerned (including financial resources such as tuition, entrance fee, and status of scholarship payments, etc.); and

11. Development plan of the law school made at the time of applying for authorization, and execution result of the plan, as well as plan for future development. Article 19 (Self-Evaluation)

Pursuant to Article 32 of the Act, self-evaluation shall be conducted every time falling under two years before each evaluation year provided in Article 18, and self-evaluation report shall be prepared and submitted to the Evaluation Committee in the way determined by the Evaluation Committee.

Article 20 (Appointment of Investigation Members by Evaluation Committee, Etc.) (1) The provisions of Article 8 (1) shall apply mutatis mutandis to the appointment and term of office for investigation members under Article 34 (1) of the Act. In such cases, "chairman of the Legal Education Committee" shall be regarded as "chairman of the Evaluation Committee."

(2) The provisions of Article 8 (3) shall apply mutatis mutandis to the organization of on- the-spot investigation team. In such cases, "Legal Education Committee" shall be regarded as "Evaluation Committee."

(3) The on-the-spot investigation team shall, when conducting the investigation, examine matters required for evaluating whether establishment criteria are met, etc. through such means as interview with faculty and students, visit to classes, review of data, actual survey of facilities, etc., and shall submit report of the investigation result to the Evaluation Committee.

Article 21 (Operation of Evaluation Committee)

(1) The provisions of Article 7 (1) through (4) shall apply mutatis mutandis to the operation of the Evaluation Committee. In such cases, "Legal Education Committee" shall be regarded as "Evaluation Committee."

(2) Necessary matters concerning operation of Evaluation Committee, detailed evaluation criteria and procedure of law school, etc., which are not provided in this Decree, shall be prescribed by the Evaluation Committee.

ADDENDA (Office Organization of the Ministry of Education, Science and Technology, and the agencies belonging to the Ministry) Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. Articles 2 through 6 Omitted.

Article 7 (Amendment of Other Laws and Regulations) through <28> Omitted.

<29> The Enforcement Decree of the Act on the Establishment and Operation of Law School shall be partially amended as follows:

The term "Minister of Education and Human Resources" in the part other than subparagraphs and subparagraph 15 of Article 2 (1), the former part of Article 2 (2), Article 3 (part other than subparagraphs), Article 4 (2) (part other than subparagraphs), Articles 5, 8 (6), 16 (1) (part other than subparagraphs) and 16 (2) shall each be amended to "Minister of Education, Science and Technology." The term "Ministry of Education and Human Resources" in Article 7 (6) shall become "Ministry of Education, Science and Technology," and the term "Minister of Education and Human Resources" shall become "Minister of Education, Science and Technology." <30> through <102> Omitted