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Foreign legal consultant act

제8편 법무 외국법자문사법

FOREIGN LEGAL CONSULTANT ACT

Act No. 9524, Mar. 25, 2009

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to provide for necessary matters regarding qualification approval, registration, and practice of Foreign Legal
Consultants who deal with foreign legal services in the Republic of Korea.

Article 2 (Definitions)

The following terms used in this Act are defined as follows:
1. "Attorney-at-law" is a lawyer in accordance with the Attorney-at-Law
Act of the Republic of Korea;
2. "Overseas-licensed lawyer" is a person who has acquired the qualification as a legal professional, which is equivalent to attorney-at-law in a
foreign country;
3. "Foreign Legal Consultant" is a person whose qualification is approved by the Minister of Justice in accordance with Article 6 and registered
with the Korean Bar Association pursuant to Article 10(1), after being qualified as an overseas-licensed lawyer;
4. "Foreign Legal Consultant Office" is an office established by Foreign
Legal Consultants to practice foreign law in accordance with this Act;
5. "Home country of license" is a country in which overseas-licensed lawyers acquired qualifications and completed procedures required to perform
legal services and which is designated by the Minister of Justice to allow overseas-licensed lawyers to provide advisory services, etc. in
the Republic of Korea on the law of the country in which they are admitted
to practice. Provided, That if a country has provinces, states,
prefectures, or autonomous districts which grant qualification recognized only within a certain province, state, prefecture or
autonomous district, the entire region where the qualification is recognized in accordance with the law of the country shall be regarded

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as a home country of license;
6. "Foreign legal services" are services allowed for Foreign Legal
Consultants to perform in accordance with Article 24, including advice
with respect to the Acts and subordinate statutes of a home country of license (referring to the Acts and subordinate statutes previously
or currently in force; hereinafter the same shall apply);
7. "International arbitration case" is a civil or commercial arbitration case in which the Republic of Korea is the jurisdiction of arbitration and
the law of Foreign Legal Consultant’s home country of license, treaties
under which a home country of license is one of the parties, or universally approved customary international law is or can be applied;
8. "Free Trade Agreement and other trade treaties" are all agreements
regardless of their titles, concluded between the Republic of Korea and a foreign country (including a union of states, such as a confederation,
economic community, etc.) or an international organization with respect
to comprehensive trade liberalization including foreign legal services, and are entered into force.

CHAPTER Ⅱ QUALIFICATION APPROVAL OF FOREIGN LEGAL CONSULTANTS

Article 3 (Application for Qualification Approval)

(1) Every overseas-licensed lawyer who intends to be a Foreign Legal
Consultant shall file an application for qualification approval to the Minister of Justice.
(2) If an attorney-at-law qualified as an overseas-licensed lawyer files an application under paragraph (1), he/she shall suspend or discontinue
his/her practice.
(3) Every applicant shall submit an application form and documentary evidence as prescribed by Presidential Decree. In such cases, documentary
evidence shall be an authentic documents or authorized copies thereof.
All documents not in Korean shall be accompanied by a duly authenticated
Korean translation.

Article 4 (Prior Experience)

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(1) To be eligible to obtain qualification approval as a Foreign Legal
Consultant, an applicant shall acquire the qualification as an overseas-licensed lawyer and has three or more years of experience with
legal services in a home country of license.
(2) The period during which an applicant performed legal services with respect to the Acts and subordinate statutes of an home country of license
in license countries may be included in the period under paragraph (1)
as prescribed by Presidential Decree.
(3) If an applicant investigates, researches, or reports on the Acts and
subordinate statutes of an home country of license for an employer under the employment contract as his/her primary practice, such period of practice,
within the limit of two years, may count towards the necessary experience
period as prescribed in paragraph (1), according to the Presidential Decree.

Article 5 (Grounds for Disqualification)

Any person who falls under any of the following subparagraphs shall be disqualified as a Foreign Legal Consultant:
1. A person, regardless of nationality, who has been sentenced to imprisonment without prison labor or heavier punishment and for whom
five years have yet to elapse after the execution of such sentence was
terminated or the exemption from the execution of such sentence was made definite;
2. A person, regardless of nationality, who has been granted a stay of
execution without prison labor or heavier punishment, or for whom two years have yet to elapse after the lapse of the stay period;
3. A person, regardless of nationality, who has been granted a stay of
sentencing after he/she has been sentenced to a stay of imprisonment without prison labor or heavier punishment;
4. A person, regardless of nationality, for whom five years have yet to
elapse after he/she was dismissed from a public service position through impeachment, or three years have yet to elapse after he/she was
dismissed or given heavier punishment through disciplinary action;
5. A person, regardless of nationality, who was subject to an action equivalent to actions in accordance with subparagraphs 1 through 3
of Article 90 or Article 102 (2) of the Attorney-at-Law Act and for
whom such action has not yet been invalidated;

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6. A person who is incompetent, quasi-competent, or has been declared
bankrupt and has not yet rehabilitated, and a person who is treated likewise in accordance with the Acts and subordinate statutes of a
home country of license.

Article 6 (Qualification Approval, etc.)

(1) The Minister of Justice may grant the qualification approval for a Foreign
Legal Consultant if an applicant fulfills all the requirements in the following
subparagraphs:
1. The home country of license shall be a party of Free Trade Agreements and other treaties;
2. The applicant’s qualification as an overseas-licensed lawyer shall be valid in the home country of license;
3. The applicant shall have prior experience in accordance with Article
4;
4. An applicant shall not be subject to any grounds for disqualification in accordance with Article 5;
5. An applicant shall have a place in the Republic of Korea where documents, etc. can be served;
6. If an applicant falls under Article 3(2), he/she shall suspend or
discontinue his/her practice.
(2) As the Minister of Justice approves the qualification referred to in paragraph (1), he/she shall designate a home country of license with respect
to which an applicant can perform foreign legal services. If an applicant fulfills all requirements referred to in paragraph (1) in two or more countries,
the Minister may designate all countries thereof as an home country of
license.
(3) When the Minister of Justice determines whether to approve a qualification, he/she may hear the opinions of the President of the Korean
Bar Association.
(4) If the Minister of Justice refuses to approve a qualification as the applicant fails to fulfill the requirements referred to in paragraph (1),
he/she shall inform the applicant of the purpose and grounds for refusal without delay.

Article 7 (Revocation of Qualification Approval)

(1) The Minister of Justice shall revoke the qualification approval of a
Foreign Legal Consultant if the Foreign Legal Consultant falls under any

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of the following subparagraphs:
1. Where the qualification as an overseas-licensed lawyer becomes null and void or is suspended;
2. Where grounds for disqualification referred to in Article 5 are found or have occurred after approval;
(2) The Minister of Justice may revoke the qualification approval of a Foreign
Legal Consultant if the Foreign Legal Consultant falls under any of the following subparagraphs:
1. Where an important part of an application form or documentary evidence
is omitted, or there are justifiable grounds to deem the content of the application form or evidence thereof to be false;
2. Where there is concern that a Foreign Legal Consultant may cause
damage to his/her client or a third party due to his/her severely deteriorated work ability or economic status,and hence the revocation
of qualification approval is deemed inevitable to prevent damage thereof;
3. Where a Foreign Legal Consultant fails to report or submit materials, or falsely reports or submits materials in accordance with Article 9(1);
4. Where a Foreign Legal Consultant fails to file an application for
registration to the Korean Bar Association in accordance with Article
10 without any reasonable grounds, within a year after his/her qualification was approved;
5. Where a Foreign Legal Consultant fails to register in accordance with
Article 10 within three years after the validation period of the registration in accordance with Article 11(2) expires.
(3) The Minister of Justice shall hold a hearing when he/she intends to revoke the qualification approval of a Foreign Legal Consultant in accordance
with paragraph (2) 1 through 3.

Article 8 (Publication, etc.)

(1) When the Minister of Justice grants or revokes the qualification approval, he/she shall make a written notice thereof to the applicant and the Korean
Bar Association without delay and publish it on the official gazette.
(2) The qualification approval and the revocation thereof shall take effect from the date of notice.

Article 9 (Reporting, etc.)

(1) The Minister of Justice may request an applicant or a Foreign Legal
Consultant to report matters with respect to approval or revocation of

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qualification, or to submit relevant materials.
(2) The Minister of Justice may request administrative authorities or other public and private organizations to submit materials required to grant or
revoke the qualification approval.

CHAPTER Ⅲ REGISTRATION OF FOREIGN LEGAL

CONSULTANTS

Article 10 (Application for Registration)

(1) Any person who intends to commence his/her practice as a Foreign
Legal Consultant shall obtain qualification approval referred to in Article
6 and register with the Korean Bar Association as a Foreign Legal
Consultant.
(2) Any person who intends to register referred to in paragraph (1), shall file a written application for registration to the Korean Bar Association.
In such cases, the applicant shall report the home country of license designated in accordance with Article 6(2) to the Korean Bar Association.

Article 11 (Certificate of Registration, etc.)

(1) If there are no grounds to deny registration in accordance with Article
12(1) upon the application for registration referred to in Article 10(2), the Korean Bar Association shall register the applicant to the list of Foreign
Legal Consultants and issue the certificate of registration to the applicant
without delay. In such cases, the Korean Bar Association shall indicate the home country of license referred to in Article 10(2) on both the list
of Foreign Legal Consultants and the certificate of registration.
(2) The validation period of the registration referred to in paragraph (1)
shall be five years starting from the date of registration to the list referred to in paragraph (1).
(3) The application to renew the registration shall be available from one to six months before the date on which the validation period referred to
in paragraph (2) expires.
(4) When the Korean Bar Association registers or renews a registration, it shall make a written notice on its purpose to the Minister of Justice.
(5) The Korean Bar Association may collect charges prescribed by

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Presidential Decree from applicants regarding applications for registration,
and for the renewal of registration.
(6) Other necessary matters for the registration procedures of Foreign Legal
Consultants shall be determined by the Korean Bar Association.

Article 12 (Denial of Registration, etc.)

(1) Where a person who files an application for registration in accordance with Article 10(1) or for the renewal of registration in accordance with
Article 11(3) falls under any of the following subparagraphs, the Korean
Bar Association may deny his/her registration or the renewal of registration through a resolution by the Foreign Legal Consultant Registration Review
Committee pursuant to Article 14. In such cases, the Korean Bar Association shall give a notice as to its reasons to the applicant without delay:
1. Where an applicant significantly lacks capacity to perform legal services
as a Foreign Legal Consultant due to mental illness, disease, or disorder;
2. Where it is acknowledged that an applicant is deemed markedly unfit to discharge the duties of a Foreign Legal Consultant due to the fact
that he/she has been subject to a criminal prosecution or a disciplinary action (excluding removal or dismissal from office), or has retired after
committing an unlawful act related to his/her duties while working
as a public official, irrespective of which country he/she served in;
3. Where the qualification approval is revoked as prescribed by Article
7;
4. Where two years have yet to elapse since the registration or the renewal of registration is denied, or the registration is revoked in accordance
with Articles 13 or 36.
(2) Any applicant whose registration or renewal of registration is denied may raise an objection, with evidence attached, to the Minister of Justice
within three months of the date on which the notice is served.
(3) Where the Minister of Justice deems the objection referred to in paragraph
(2) reasonable, he/she shall order the Korean Bar Association to register or renew the registration of the Foreign Legal Consultant.

Article 13 (Revocation of Registration)

(1) Where a Foreign Legal Consultant falls under any of the following subparagraphs, the Korean Bar Association shall revoke his/her
registration:
1. Where a Foreign Legal Consultant is deceased;

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2. Where an applicant has no qualifications to be a Foreign Legal Consultant
or the qualification approval of a Foreign Legal Consultant is revoked;
3. Where a Foreign Legal Consultant files an application for the revocation
of registration. Provided, That this shall not apply to cases where
there are justifiable reasons to deem that the application thereof is filed to avoid disciplinary actions;
4. Where a Foreign Legal Consultant qualified as an attorney-at-law registers with the Korean Bar Association as an attorney-at-law.
(2) Where a Foreign Legal Consultant falls under any of the following
subparagraphs, the Korean Bar Association may revoke the registration of a Foreign Legal Consultant through a resolution by the Foreign Legal
Consultant Registration Review Committee pursuant to Article 14:
1. Where an applicant significantly lacks capacity to perform legal services as a Foreign Legal Consultant due to mental illness, disease, or disorder;
2. Where it is acknowledged that an applicant is deemed markedly unfit
to discharge the duties of a Foreign Legal Consultant because of the fact that he/she has been subject to criminal prosecution or a disciplinary
action (excluding removal or dismissal from office), or has retired after
committing an unlawful act related to his/her duties while working as a public officials, irrespective of which country he/she served in;
3. Where a Foreign Legal Consultant violates Articles 24, 25, and 34
of this Act, or Articles 33 and 34 of the Attorney-at-Law Act that apply mutatis mutandis pursuant to Article 35 of this Act.
(3) The Korean Bar Association, where it revokes the registration of a Foreign Legal Consultant in accordance with paragraph (1) (except for paragraph (1) 1), shall make a written notice on its purpose and reasons
to the Foreign Legal Consultant (including his/her legal representative
in cases of paragraph (2)1; hereinafter the same shall apply in cases of paragraph (4)) without delay, and report it to the Minister of Justice.
(4) The Foreign Legal Consultant to whom the notice referred to in paragraph
(3) is served shall return the certificate of registration to the Korean Bar
Association without delay.
(5) Article 12(2) and (3), which provides for objection application for the
denial of registration, shall apply mutatismutandisto the revocation of
registration.

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Article 14 (Foreign Legal Consultant Registration Review Committee) (1) The Foreign Legal Consultant Registration Review Committee shall be established under the Korean Bar Association to review matters of the following subparagraphs:

1. Matters with respect to denial of registration or of renewal of registration in accordance with Article 12;
2. Matters with respect to revocation of registration in accordance with
the proviso to Article 13(1)3 and (2) of the same Article.
(2) The provisions of Articles 9(2) and 10 through 13 of the Attorney-at-Law
Act shall apply mutatismutandisto the composition, review process, and
management of the Foreign Legal Consultant Registration Review
Committee.

CHAPTER Ⅳ FOREIGN LEGAL CONSULTANT OFFICES

Article 15 (Application for Establishment, etc.)

(1) Any Foreign Legal Consultant who fulfills requirements prescribed in Article 16(1)3 and is affiliated with a law office or a legal entity (hereinafter referred to as "head office"), which is established primarily to perform legal
services in an home country of license, may establish a Foreign Legal
Consultant Office by obtaining authorization from the Minister of Justice. (2) In order to obtain authorization to establish a Foreign Legal Consultant
Office, a Foreign Legal Consultant who will be the representative of the
office shall file a written application with documentary evidence attached, as prescribed by Presidential Decree.
(3) The Foreign Legal Consultant referred to in paragraph (1)shall not
establish more than two Foreign Legal Consultant offices.

Article 16 (Authorization for Establishment)

(1) The Minister of Justice may grant the authorization for the establishment of a Foreign Legal Consultant Office when all requirements of the following
subparagraphs are fulfilled:
1. The head office shall be duly established in the party of Free Trade
Agreement and other treaties in accordance with the Acts and
subordinate statutes of the party and have been normally operated for more than five years;

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FOREIGN LEGAL CONSULTANT ACT

2. The head office shall pass a resolution or decide to establish a
representative office to perform advisory services in foreign law in the
Republic of Korea;
3. A Foreign Legal Consultant who will be the representative of a Foreign
Legal Consultant Office shall have experience in performing legal services for more than seven years in total, including more than three
years of experience in the home country of license after acquiring qualification as an overseas-licensed lawyer;
4. The head office shall guarantee the discharge of civil and commercial
liabilities in relation to the practice of a Foreign Legal Consultant Office. (2)When the head office holds a law office, a local law office, a local legal
entity, an affiliate, a branch office, and other offices established mainly
for legal services (hereinafter referred to as "local law office, etc." in this paragraph) in a number of countries, the office where a high-level decision
is substantially made shall be considered the head office.
(3) A Foreign Legal Consultant office shall fill a vacancy within three months from the date on which a representative position becomes vacant.

Article 17 (Publication, etc.)

(1) The Minister of Justice, where he/she grants authorization of the establishment of a Foreign Legal Consultant Office, shall make a written notice on the authorization thereof to both the applicant referred to in
Article 15(2), and to the Korean Bar Association without delay and publish
it on the official gazette.
(2) The authorization for the establishment of a Foreign Legal Consultant
Office shall take effect from the date on which the publication referred
to in paragraph (1) is made.
(3) Other matters with respect to authorization of establishment of a Foreign
Legal Consultant Office shall be prescribed by the Presidential Decree.

Article 18 (Registration of Foreign Legal Consultant Office)

(1) The representative of a Foreign Legal Consultant Office whose establishment is authorized shall file an application for registration of the
Foreign Legal Consultant Office with the Korean Bar Association within
three months of the date on which the publication of authorization is made. (2) Matters that need to be registered pursuant to paragraph (1)
shall be as follows:
1. Objectives, name, and seat of the Foreign Legal Consultant office;

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2. Names and addresses of partners, and the address of the representative;
3. Matters concerning the representative of a Foreign Legal Consultant
Office;
4. Date on which authorization is granted for establishment of a Foreign
Legal Consultant Office;
5. Name and seat of the head office.
(3) Upon the application referred to in paragraph (1), the Korean Bar
Association, where no specific circumstances exist to the contrary, shall register the office with the list of Foreign Legal Consultant offices without
delay and issue the certificate of registration of the Foreign Legal Consultant
Office to the applicant.
(4) The representative of the Foreign Legal Consultant Office, where
changes arise in registered data, shall file a written report on such changes to the Korean Bar Association within a month from the date of change.
(5) The Korean Bar Association shall keep and make available to the public
written statements falling under each of the following subparagraphs:
1. The written statement in which the matters referred to in each subparagraph of paragraph (2);
2. The written statement concerning authorization of establishment and revocation of such establishment authorization provided for in Article
16;
3. The written statement certifying that partners and the representative of a Foreign Legal Consultant Office subscribe to the insurance or the
mutual aid fund provided for in Article 21.
(6) Other necessary matters for registration of a Foreign Legal Consultant
Office shall be determined by the Korean Bar Association.

Article 19 (Revocation of Authorization for Establishment)

(1) The Minister of Justice may revoke the authorization for establishment if a Foreign Legal Consultant Office falls under any one of the following subparagraphs:
1. Where an important part of an application form of the authorization
for establishment or documentary evidence is omitted, or there are justifiable grounds to deem the content of the application form or evidence
thereof to be false;
2. Where a Foreign Legal Consultant Office fails to fulfill requirements

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of subparagraphs in Article 16(1);
3. Where a Foreign Legal Consultant Office fails to fill the vacancy of the representative within three months in violation of the provision
of Article 16(3);
4. Where a partner or a non-partner affiliate of a Foreign Legal Consultant
Office violates Article 24 in relation to the practice of the Foreign Legal
Consultant office;
5. Where a Foreign Legal Consultant Office, for unjustifiable grounds, fails to observe the supervision by the Minister of Justice in accordance
with Article 32(1), and hence is deemed to have violated public interest or have caused concerns over violating public interest;
6. Where a Foreign Legal Consultant Office violates Articles 33 or 34;
7. Where the representative of a Foreign Legal Consultant Office whose establishment is authorized fails to file an application for registration
to the Korean Bar Association within three months in violation of Article
18(1).
(2) Where the authorization for the establishment of a Foreign Legal
Consultant Office is revoked in accordance with the provisions of paragraph
(1) 1 through 5, the registration with the Korean Bar Association shall be considered being revoked.
(3) The Minister of Justice shall hold a hearing when he/she intends to
revoke the authorization for the establishment of a Foreign Legal Consultant
Office.
(4) Article 17 shall apply mutatis mutandis to the revocation of the
authorization for establishment.

Article 20 (Office Employees)

(1) Any Foreign Legal Consultant Office may employ office staff.
(2) Article 22(2), (4), and (5) of the Attorney-at-Law Act shall be applied

mutatismutandisto office employees in a Foreign Legal Consultant Office.

In such cases, "attorney-at-law" and "head of local bar association" shall be deemed "representative of a Foreign Legal Consultant Office" and "head
of the Korean Bar Association," respectively.

Article 21 (Damage Compensation regarding Accepted Cases)

(1) In order to guarantee compensation for damage regarding the performance of foreign legal services and the operation of a Foreign Legal
Consultant Office, partners of a Foreign Legal Consultant Office shall

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subscribe to an insurance policy or a provident fund as prescribed by the
Presidential Decree.
(2) The representative of a Foreign Legal Consultant Office shall indicate
matters with respect to the liability to compensate damage in accordance with paragraph (1) on a legal service contract and advertisement as
prescribed by Presidential Decree.

Article 22 (Preparation of Registers, etc.)

Any Foreign Legal Consultant Office shall prepare and keep a register on cases it accepts. In such cases, Article 28(2) and (3) of the Attorney-at-Law Act shall be applied mutatismutandisto the preparation
of a register on accepted cases, etc.

Article 23 (Operation of Foreign Legal Consultant Offices, etc.)

(1) No Foreign Legal Consultant office shall establish a branch office in the Republic of Korea.
(2) Article 50(1) and (3) through (6), the main sentence of paragraph
(7), and Article 52 of the Attorney-at-Law Act shall apply mutatismutandis
to the method of the performance of practice by a Foreign Legal Consultant
Office and the restriction of practice on its partners, etc. In such cases, under the Articles of the Attorney-at-Law Act that apply mutatismutandis,
"law firm" and "attorney-at-law", shall be deemed "Foreign Legal Consultant
Office" and "Foreign Legal Consultant" respectively.
(3) With regard to a Foreign Legal Consultant Office (which shall be comprised of no less than two partners), provisions on Partnership under
the Civil Act shall apply mutatismutandis to matters not prescribed in
this Act.

CHAPTER Ⅴ RIGHTS AND OBLIGATIONS OF FOREIGN LEGAL

CONSULTANTS

Article 24 (Scope of Practice)

Every Foreign Legal Consultant shall perform services outlined in the following subparagraphs:
1. Legal advice with respect to the Acts and subordinate statutes of the home country of license;
2. Legal advice with respect to agreements of which the home country

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of license is a party, and to universally approved international customary
law;
3. Representation of an international arbitration case: Provided, That
if the Acts and subordinate statutes or the agreement referred to in
subparagraphs 1 and 2 is determined not to apply to the arbitration, the Foreign Legal Consultant shall not represent the case from the
moment of the determination thereof.

Article 25 (Methods of Performing Practice)

(1) Every Foreign Legal Consultant may practice in a position falling under any of the following subparagraphs:
1. A partner of a Foreign Legal Consultant Office;
2. A non-partner of a Foreign Legal Consultant affiliated with a Foreign
Legal Consultant Office;
3. A Foreign Legal Consultant affiliated with a law office, a law firm, a law firm (in the form of Limited Liability Company) or an association
of law offices.
(2) Every Foreign Legal Consultant shall be prohibited from being affiliated or employed by more than two Foreign Legal Consultant Offices, law offices,
law firms, law firms (in the form of Limited Liability Company) or
associations of law offices at the same time, or from holding concurrent positions.

Article 26 (Notice, etc.)

(1) When a Foreign Legal Consultant commences practice, suspends practice temporarily or changes his/her place of work, he/she shall give a notice as to such fact to the Minister of Justice without delay.
(2) The Korean Bar Association, upon receiving the notice referred to in
paragraph (1), shall report it to the Minister of Justice without delay.

Article 27 (Representation of Qualification, etc.)

(1) When identifying himself/herself in performing his/her duties, every
Foreign Legal Consultant shall use a job title which combines "Beop jamunsa
(Legal Consultant)" with the name of the home country of license accepted in the Republic of Korea. (Provided, That if the home country of license
is a part of one country, such as a province, state, prefecture, or autonomous district, etc., the name of the home country of license may be used as the name of aforementioned home country of license in the title; hereinafter
the same shall apply). In such cases, a Foreign Legal Consultant may

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indicate his/her job title and, also, in the parenthesis, the name of the
home country of license combined with a corresponding job title as overseas-licensed lawyer in his/her native language, followed by the name
of the home country of license in Korean language, which is generally perceived in the Republic of Korea, combined with an expression "Byeonhosa
(attorney-at-law)".
(2) Every Oegukbeop jamun beopryul samuso (Foreign Legal Consultant
Office) shall use a title which combines the name of the head office with
"Foreign Legal Consultant Office" as suffix.
(3) Every Foreign Legal Consultant or Foreign Legal Consultant Office shall not, in performing his/her or its duties, use any title or indication
other than what is prescribed in paragraphs (1) and (2).
(4) Every Foreign Legal Consultant Law Firm shall, for easy recognition by ordinary people, put up a signboard indicating its partners, affiliated
Foreign Legal Consultants and their home country of license at an
appropriate place inside and outside the office.
(5) Every Foreign Legal Consultant shall clarify his/her home country of license and scope of practice to clients before making a contract on foreign
legal services with the clients.
(6) No person, other than a Foreign Legal Consultant, shall use any title or indication which represents or causes to be mistakenly recognized as
a Foreign Legal Consultant.

Article 28 (Ethical Standard, etc.)

(1) No Foreign Legal Consultant shall perform any act that damage his/her dignity.
(2) No Foreign Legal Consultant shall conceal the truth or make false statements in performing his/her duties.
(3) Every Foreign Legal Consultant shall observe the code of ethics adopted
by the Korean Bar Association.

Article 29 (Residency Requirement)

(1) A Foreign Legal Consultant shall stay in the Republic of Korea for more than 180 days per year from the starting date of practice.
(2) Where a Foreign Legal Consultant stays overseas due to his/her injury or illness, care for or visit to injured or ill relatives, or other unavoidable
circumstances, such period spent overseas shall be considered residency
in the Republic of Korea.

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Article 30 (Obligation of Confidentiality)

No person who is or was a Foreign Legal Consultant shall disclose any confidential matters of which he/she becomes aware of in relation to his/her duties: Provided, That this shall not apply to cases where such disclosure
of confidential matters is specifically prescribed otherwise by Acts.

Article 31 (Advertisements)

(1) No Foreign Legal Consultant and Foreign Legal Consultant Office may advertise his/her or its, or his/her or its partners' home countries of license,
education, careers, expertise, performance records and other matters necessary for publicizing services through media, such as broadcasts,
newspapers, magazines, and computer communications.
(2) In order to review matters regarding advertisement referred to in paragraph (1), the Foreign Legal Consultant Advertisement Review
Committee shall be established under the Korean Bar Association.
(3) Article 23(2) and (4) of the Attorney-at-Law Act shall apply mutatis

mutandis to the advertisement of a Foreign Legal Consultant. In such

cases, "attorney-at-law" or "attorney-at-law, etc." shall be deemed "Foreign
Legal Consultant" or "Foreign Legal Consultant Office."

Article 32 (Supervision by Minister of Justice, etc.)

(1) Any Foreign Legal Consultant and Foreign Legal Consultant Office shall be subject to the supervision of the Minister of Justice and the Korean
Bar Association with respect to his/her and its activities.
(2) The Korean Bar Association, upon becoming aware that a Foreign Legal
Consultant or a Foreign Legal Consultant Office violates obligations
prescribed in this Act, shall report the violation thereof to the Minister of Justice.

Article 33 (Obligation of Submitting Evidence)

When the Minister of Justice or the Korean Bar Association, in order to perform the supervision referred to in Article 32(1), requires a Foreign Legal Consultant or a Foreign Legal Consultant Office to submit data on
the current status of his/her or its practice and property, details of accepted
cases, accounting records, and other necessary data, for supervision with clarified reasons for the purpose of conducting supervision referred to in
Article 32(1), the Foreign Legal Consultant or the Foreign Legal Consultant
Office shall comply with the requirement thereof.

Article 34 (Prohibition of Employment, Partnership, Concurrent

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Positions, etc.)

(1) No Foreign Legal Consultant or Foreign Legal Consultant Office shall employ any Korean attorney-at-law, Korean-certified judicial scrivener,
Korean-licensed patent attorney, Korean-certified public accountant,
Korean-certified tax accountant, nor Korean customs broker.
(2) No Foreign Legal Consultant or Foreign Legal Consultant Office shall deal with clients’cases in any manner including partnership, affiliation,
establishment of a comprehensively collaborative relationship, and joint acceptance of cases, and accordingly share compensation or proceeds
therefrom with any Korean attorney-at-law, Korean-certified judicial
scrivener, Korean-licensed patent attorney, Korean-certified public accountant, Korean-certified tax accountant, and Korean customs broker.
(3) No Foreign Legal Consultant or Foreign Legal Consultant Office shall
make a contract of association, establish a law firm, hold shares with, and entrust the operation to any attorney-at-law, law firm, law firms (in
the form of Limited Liability Company), association of law offices,
Korean-certified judicial scrivener, joint firm of Korean-certified judicial scriveners, Korean-licensed patent attorney, patent firm, Korean-certified
public accountant, accounting firm, Korean-certified tax accountant, tax
firm, Korean customs brokers and customs firm. No Foreign Legal
Consultant or any Foreign Legal Consultant Office shall, in any manner, jointly establish and operate, or have a partnership with any law office,
law firm, law firm (in the form of Limited Liability Company), association of law offices, Korean-certified judicial scrivener office, joint firm of
Korean-certified judicial scriveners, patent lawyer’s office, patent firm,
Korean-certified public accountant office, accounting firm, Korean-certified tax accountant office, tax firm, Korean customs broker office, and customs
firm.
Article 35 (Application of mutatis mutandis in Attorney-at-Law Act) Articles 30 through 34 and 38 of the Attorney-at-Law Act shall apply mutatis mutandisto the duties of a Foreign Legal Consultant, etc. In such cases, in the provisions of the Attorney-at-Law Act that apply mutatismutandis, "attorney-at-law" and "law office" shall be considered as "Foreign Legal Consultant" and "Foreign Legal Consultant Office," respectively.

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CHAPTER Ⅵ DISCIPLINARY ACTIONS

Article 36 (Category of Disciplinary Action)

The types of disciplinary action against Foreign Legal Consultants are as follows:
1. Revocation of qualification approval;
2. Revocation of registration;
3. Suspension of practice for not more than three years;
4. Fines for negligence of not more than 30 million won;
5. Censure.

Article 37 (Grounds for Disciplinary Actions)

(1) The grounds for disciplinary action falling under subparagraph 1 of
Article 36 shall be as follows:
1. Where a person has been subject to a disciplinary action taken to revoke his/her registration in accordance with Article 13(2)2, or subparagraph
2 of Article 36, and is therefore deemed substantially unfit for him/her to continue to perform duties as a Foreign Legal Consultant;
2. Where a person has caused the grounds for disciplinary action referred
to in paragraph (2) after having been subject to disciplinary action taken to suspend his/her practice more than twice in accordance with
subparagraph 3 of Article 36, and is therefore deemed extremely
inappropriate for him/her to continue to perform duties as a Foreign
Legal Consultant.
(2) The grounds for a disciplinary action falling under subparagraphs 2
through 5 of Article 36 shall be as follows:
1. Where a Foreign Legal Consultant violates this Act;
2. Where a Foreign Legal Consultant violates the code of ethics adopted
by the Korean Bar Association;
3. Where a Foreign Legal Consultant commits an act damaging his/her dignity as a Foreign Legal Consultant, regardless of whether such
act is committed on or off duty.

Article 38 (Establishment of Foreign Legal Consultant Disciplinary

Committee)

(1) Any disciplinary action against a Foreign Legal Consultant shall be taken by the Foreign Legal Consultant Disciplinary Committee.

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(2) Both the Ministry of Justice and the Korean Bar Association shall
establish the Foreign Legal Consultant Disciplinary Committee respectively.

Article 39 (Composition of Foreign Legal Consultant Disciplinary

Committee of Korean Bar Association)

(1) The Foreign Legal Consultant Disciplinary Committee established by the Korean Bar Association (hereinafter referred to as the "Disciplinary
Committee of the Korean Bar Association") shall be comprised of the following
members. In such cases where the Minister of Justice has difficulty recommending a member who is a Foreign Legal Consultant, he/she may
recommend an attorney-at-law instead who has the qualification as an
overseas-licensed lawyer:
1. Two judges recommended by the Minister of Court Administration;
2. Two public prosecutors and two Foreign Legal Consultants recommended
by the Minister of Justice;
3. Two attorneys-at-law and one professor of a law school who is not an attorney-at-law, recommended by the president of the Korean Bar
Association.
(2) The Disciplinary Committee of the Korean Bar Association shall have one chairperson and one facilitator, and they shall be elected from among
the members of the committee.
(3) When the members referred to in paragraph (1)are recommended, the same number of reserve members shall be recommended together.
(4) No person for whom ten years have yet to elapse since he/she acquired the qualification as an attorney-at-law shall not become a member serving
as a judge, a public prosecutor, or an attorney-at-law, or a reserve member.
(5) The terms of office for the members and reserve members shall be two years, respectively.
(6) The decision made by the Disciplinary Committee of the Korean Bar
Association shall pass a resolution with a concurrent vote of a majority of the enrolled members.
(7) Other matters necessary for composition and operation, etc. of the
Disciplinary Committee of the Korean Bar Association shall be determined by the Korean Bar Association.

Article 40 (Composition of the Foreign Legal Consultant Disciplinary

Committee of the Ministry of Justice)

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FOREIGN LEGAL CONSULTANT ACT

(1) The Foreign Legal Consultant Disciplinary Committee of the Ministry
of Justice (hereinafter referred to as the "Disciplinary Committee of the
Ministry of Justice") shall be comprised of one chairperson, one vice
chairperson, and seven members who are neither chair persons nor vice chairpersons, and have seven reserve members.
(2) The chairperson and the vice chairperson shall be the Minister of Justice
and the Vice Minister of Justice, respectively. The Minister of Justice shall appoint or commission the following persons as members and reserve
members. In such cases where the Minister of Justice has difficulty
commissioning a member who is a Foreign Legal Consultant, he/she may commission a public prosecutor, an attorney-at-law who has the
qualification as an overseas-licensed lawyer, or a professor of law school
who is not an attorney-at-law, instead:
1. Two judges from among the judges recommended by the Minister of
Court Administration;
2. Two public prosecutors from among the public prosecutors recommended by the Minister of Justice;
3. One Foreign Legal Consultant;
4. One attorney-at-law from among the attorneys-at-law recommended by the president of the Korean Bar Association;
5. One person, not an attorney-at-law, who is either a professor of a
law school or a person with experience and a reputation for virtue. (3) The members and reserve members of the Disciplinary Committee of
the Korean Bar Association shall be prohibited from concurrently serving
as members and reserve members of the Disciplinary Committee of the
Ministry of Justice.
(4) The terms of office for the members and reserve members shall be
two years, respectively.
(5) The chairperson shall control the work of the Disciplinary Committee of the Ministry of Justice, represent the committee, and convene and take
the chair of meetings.
(6) When the chairperson cannot perform his/her duties due to unavoidable circumstances, the vice chairperson shall perform the duties on his/her
behalf. When the vice chairperson is also unable to perform his/her duties, a member designated by the chairperson beforehand shall perform the duties

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on his/her behalf.
(7) The decision made by the Disciplinary Committee of the Ministry of
Justice shall pass a resolution with a concurrent vote of a majority of the
enrolled members.

Article 41 (Authority of the Disciplinary Committee)

(1) The Disciplinary Committee of the Korean Bar Association shall deliberate on any disciplinary case falling under the grounds of disciplinary
action referred to in Article 37(2).
(2) The Disciplinary Committee of the Ministry of Justice shall deliberate on any disciplinary case falling under the grounds of disciplinary action
referred to in Article 37 (1), and any case in which an objection is raised against a disciplinary decision made by the Disciplinary Committee of the
Korean Bar Association.
Article 42 (Request for the Commencement of a Disciplinary Action) (1) When a Foreign Legal Consultant is deemed to fall under the grounds for disciplinary action in accordance with Article 37(1) and (2), the president of the Korean Bar Association shall request the Disciplinary Committee of the Ministry of Justice and the Disciplinary Committee of the Korean Bar Association, respectively, to commence disciplinary action against the Foreign Legal Consultant. Provided, That such request shall not be made after the lapse of three years from the date on which the grounds for such disciplinary action occurred.
(2) When a Foreign Legal Consultant is deemed to fall under the grounds for disciplinary action in accordance with Article 37, a client or his/her legal representative, spouse, lineal relatives, and siblings may, with such
grounds attached, request the president of the Korean Bar Association
to commence a disciplinary action against the Foreign Legal Consultant in question.
(3) In cases where the chief prosecutor of the District Public Prosecutors’
Office finds a Foreign Legal Consultant to fall under the grounds for a disciplinary action in the course of performing his/her duties as a public
prosecutor such as investigation of crime, etc., he/she shall request the
president of the Korean Bar Association to commence disciplinary action against the Foreign Legal Consultant in question.
(4) Where the president of the Korean Bar Association does not make a
request to commence disciplinary action upon the application referred to

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FOREIGN LEGAL CONSULTANT ACT

in paragraphs (2) and (3), he/she shall give a written notice to the applicant
on the reason.
(5) The provisions of Article 97-5 of the Attorney-at-Law Act shall apply

mutatismutandis to the objection raised by an applicant who requests

to commence disciplinary action.

Article 43 (Period for Making Disciplinary Action, etc.)

(1) The Disciplinary Committee of the Korean Bar Association shall determine disciplinary action within six months from the date on which it received a request to commence a disciplinary action or it commenced
a process for a disciplinary action in accordance with Article 97-5 (2) of
the Attorney-at-Law Act that applies mutatismutandisin Article 42 (5).

Provided, That when unavoidable circumstances exist, the Disciplinary

Committee of the Korean Bar Association may extend the period within
the limit of six months through a resolution.
(2) The provisions of paragraph (1)shall also apply when the Disciplinary
Committee of the Ministry of Justice receives a request to commence
disciplinary action falling under the grounds in accordance with Article
37(1), or an objection raised against a decision made by the Disciplinary
Committee of the Korean Bar Association.

Article 44 (Execution and Process of Disciplinary Action, etc.)

(1) Disciplinary actions in accordance with subparagraph 1 of Article 36 shall be executed by the Minister of Justice, and disciplinary actions under
subparagraphs 2 through 5 of Article 36 by the president of the Korean
Bar Association.
(2) Any decision to fines for negligence in accordance with subparagraph
4 of Article 36 shall have the same effect as the authority to execute with
executive force under the provisions of the Civil Execution Act and be executed under the direction of a public prosecutor.
(3) Article 98(3), 98-2, 98-3, 98-4(2) and (3), 98-5 (3) and (4), 99 and
100 and 101-2 of the Attorney-at-Law Act shall apply mutatismutandis
to disciplinary action against a Foreign Legal Consultant.

Article 45 (Order to Suspend Practice)

(1) Where a public action for criminal cases is instituted or the process of disciplinary action commences in accordance with Article 42 (1) against a Foreign Legal Consultant and there is a high possibility that the result
of a trial or disciplinary action decision will lead to the revocation of approval

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or registration of his/her qualification , and there is a substantial danger
that, if such Foreign Legal Consultant is permitted to go undisciplined, the interests of clients or the public could be harmed, the Minister of Justice
may request the Disciplinary Committee of the Ministry of Justice to decide to suspend the practice of the Foreign Legal Consultant in question.

Provided, That the same shall not apply to the case where a summary

order is requested or the public action is instituted for a crime of negligence.
(2) The Minister of Justice may order the Foreign Legal Consultant in question to suspend his/her practice according to a decision made by the
Disciplinary Committee of the Ministry of Justice.
(3) Articles 103 through 108 of the Attorney-at-Law Act shall apply

mutatismutandis to the Foreign Legal Consultant’s suspension of

practice. In such cases, in relevant Articles of the Attorney-at-Law
Act that apply mutatismutandis, "attorney-at-law" shall be deemed
"Foreign Legal Consultant."

CHAPTER Ⅶ PENAL PROVISIONS

Article 46 (Penal Provisions)

Any person under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than seven years or by
fines not exceeding 50 million won, or may be punished by both:
1. Any person, not a Foreign Legal Consultant or an attorney-at law, who receives or promises to receive money, articles, other forms of bribery
or benefits, or who gives or promises to give such money, articles or other forms of bribery or benefits to a third party, in compensation
for providing or mediating foreign legal affairs;
2. Any person who has violated any of Articles 33 and 34 of the
Attorney-at-Law Act that apply mutatismutandispursuant to Article
35;
3. Any Foreign Legal Consultant who receives or promises to receive money, articles, other forms of bribery or other benefits or who gives or promises
to give such money, articles or other forms of bribery or benefits to
a third party, in compensation for dealing with or mediating legal services, such as examination, representation, arbitration, settlement,
solicitation, legal consultation, drafting legal documents, etc.

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FOREIGN LEGAL CONSULTANT ACT

concerning the following cases; Provided, That this shall not apply
to cases where a Foreign Legal Consultant who performs services prescribed by the subparagraphs of Article 24:
(a) A litigation case, non-contentious case, arbitration of household matters, or an adjudicative case;
(b) An administrative adjudication, request for review, raising an
objection, or cases in which an objection is raised against an administrative agency;
(c) A case under investigation by an investigative agency;
(d) A case under any investigation by an examination agency established according to Acts and subordinate statute;
(e) Other general legal affairs.

Article 47 (Penal Provisions)

Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than five years,
or by fines not exceeding 30 million won, or may be punished by both:
1. A Foreign Legal Consultant who has performed services in violation of Article 25(1);
2. A person who has disclosed confidential information in violation of Article
30 and the person who has obtained and used confidential information for any illegal gain with the knowledge of such violation;
3. A person who has employed an attorney-at-law in violation of Article
34(1), and the attorney-at-law employed by such person;
4. A Foreign Legal Consultant and an attorney-at-law who have violated
Article 34(2) or (3);
5. A Foreign Legal Consultant who falls under any of the following categories:
(a) A person who has served documents issued for a court or an
administrative agency of a foreign country, and has conducted an examination of evidence;
(b) A person who has represented services for the primary purpose of
acquiring, losing, or changing a right regarding an immovable, an intellectual property right, a mining right, and other rights which
shall be constituted or serve as requirements for setting up against
upon the registration with an administrative authority or has

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prepared documents for the purpose thereof.

Article 48 (Penal Provisions)

Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than three years
or by fines not exceeding 20 million won, or may be punished by both:
1. A person who has obtained qualification approval or registered by falsely filing an application to the Minister of Justice or the Korean Bar
Association with respect to qualification approval or the registration of a Foreign Legal Consultant;
2. A person who has employed Korean-certified judicial scriveners,
Korean-licensed patent attorneys, Korean-certified public accountants, Korean-certified tax accountants and Korean customs brokers in
violation of Article 34(1), and the Korean-certified judicial scriveners,
Korean-licensed patent attorneys, Korean-certified tax accountants, Korean-certified tax accountants, and Korean customs brokers
employed by the person;
3. Korean-certified judicial scriveners, Korean-licensed patent attorneys, Korean-certified public accountants, Korean-certified tax accountants,
and Korean customs brokers who have violated Article 34(2) or (3);
4. A person to whom the rights in dispute were assigned in violation of
Article 32 of the Attorney-at-Law Act that applies mutatismutandis
pursuant to Article 35;
5. A person, not a Foreign Legal Consultant, who has indicated or written the title of Foreign Legal Consultant or Foreign Legal Consultant Office,
or who has indicated or written the performance of foreign legal services
for personal gains.

Article 49 (Penal Provisions)

Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than a year or
by fines not exceeding 10 million won, or may be punished by both:
1. A person who has advertised in violation of Article 23(2)1 of the
Attorney-at-Law Act that applies mutatis mutandis pursuant to
Article31(3);
2. A person who has accepted a case in violation of Article 31(1)3 of the
Attorney-at-Law Act that applies mutatismutandispursuant to Article
35.

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FOREIGN LEGAL CONSULTANT ACT

Article 50 (Habitual Offender)

Any person who has habitually committed any offense referred to in Article
46 shall be punished by imprisonment with prison labor for not more than ten years.

Article 51 (Offenses Committed Overseas by Foreigners)

Article 47(2) shall apply to foreigners who have committed offenses outside the Republic of Korea. Provided, That this shall not apply to cases where such offenses do not constitute criminality according to the law of the place
of the offenses, or the prosecution or the execution of sentences is exempted.

Article 52 (Confiscation and Punitive Additional Collection)

Money, valuables, and other interests which have been exploited by any person who has committed offenses referred to in Article 46 or by a third
party who has been aware of such illegal handlings shall be confiscated. When confiscation is impossible, the value equivalent to the market prices
of such money, valuables, and other interests shall be additionally collected.

Article 53 (Fine for Negligence)

(1) Any person falling under any of the following subparagraphs shall be punished by fines for negligence not exceeding 30 million won:
1. A person who has violated Article 15(3);
2. The representative of a Foreign Legal Consultant Office who has violated
Articles 21 or 23(1);
3. A Foreign Legal Consultant who violated Article 25(2) and his/her
employer;
4. A person who has violated Article 27(3) through (5);
5. A Foreign Legal Consultant who has violated Article 29.
(2) Any person falling under any of the following subparagraphs shall be punished by fines for negligence not exceeding 10 million won:
1. A representative of a Foreign Legal consultant Office who has violated
Articles 22 or Article 22(2) of the Attorney-at-Law Act, which applies

mutatis mutandis under Article 20 (2);

2. A person who has failed to submit the material requested by the Minister
of Justice, or has submitted falsified material in violation of the provisions of Articles 33;
3. A Foreign Legal Consultant who has represented the requisition to
prepare a copy of notarial deed.
(3) The provisions of Article 117(3) through (6) of the Attorney-at-Law

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Act shall apply mutatismutandisto imposition, collection, and objection
thereagainst, etc. of fines for negligence in accordance with paragraphs
(1) and (2).

ADDENDUM

This Act shall enter into force six months after the date of its promulgation.

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