KR Foreign Legal Consultant Act

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FOREIGN LEGAL CONSULTANT ACT
[Enforcement Date 01. Jul, 2016.] [Act No.14056, 02. Mar, 2016., Partial
Amendment]
()02-2110-3661

www.law.go.kr
2017.01.22

[Enforcement Date 01. Jul, 2016.] [Act No.14056, 02. Mar, 2016., Partial Amendment]
() 02-2110-3661
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to provide for necessary matters regarding qualification
approval, registration, and authorization of foreign legal consultants to practice, and
establishment of joint-ventures law firms, and practice of foreign legal consultants,
who provide foreign legal services in the Republic of Korea.<Amended by Act No. 14056,
Mar. 2, 2016>
Article 2 (Definitions)
The terms used in this Act shall be defined as follows:<Amended by Act No. 14056, Mar.
2, 2016>
1. The term "attorney-at-law" means an attorney-at-law defined under the

Attorney-at-Law Act;
2. The term "foreign-licensed lawyer" means a person qualified as a legal
professional, equivalent to an attorney-at-law in a foreign country;
3. The term "foreign legal consultant" means a foreign-licensed lawyer 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);
4. The term "foreign legal consultant office" means an office established under this
Act perform foreign legal services;
5. The term "home country of license" means a country in which foreign-licensed
lawyers acquired qualifications and completed procedures required to perform legal
services, and which is designated by the Minister of Justice to allow foreign-
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 a
qualification recognized only within a certain province, state, prefecture, or
autonomous district, the entire region where the qualification is recognized in
1
accordance with the law of the country shall be regarded as a home country of
license;
6. The term "foreign legal services" means services foreign legal consultants are
allowed to perform under Article 24, including advice with respect to statutes of a
home country of license (referring to statutes previously or currently in force;
hereinafter the same shall apply);
7. The term "international arbitration case" means a civil or commercial arbitration
case in which the Republic of Korea is the jurisdiction of arbitration, and to which
the statutes of a country other than the Republic of Korea; a treaty concluded
between the Republic of Korea and a foreign country; a treaty among countries
other than the Republic of Korea, or universally-approved customary international
law is or can be applied;
8. The term "free trade agreement, etc." means all agreements regardless of their
titles, concluded and in force 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;
9. The term "joint-venture law firm" means a corporation established under this Act
to perform foreign legal services, and domestic legal services, etc., prescribed by
this Act;
10. The term "local participant in a joint venture" means a law firm, limited liability
law firm, or law firm partnership, that participates in the establishment of a joint-
venture law firm;
11. The term "foreign participant in a joint venture" means a person established in a
party country to a free trade agreement, etc., publicly notified by the Minister of
Justice under Article 35-2 (1) for the primary purpose of performing legal
services regardless of its legal form, who participates in the establishment of a
joint-venture law firm;
12. The term "joint-venture participant" means a local or foreign participant in a
joint venture.
2
CHAPTER II QUALIFICATION APPROVAL OF FOREIGN LEGAL CONSULTANTS
Article 3 (Application for Qualification Approval) (1) Every foreign-licensed lawyer

who intends to be a foreign legal consultant, shall file an application for qualification
approval, with the Minister of Justice.
(2) If an attorney-at-law qualified as a foreign-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
authentic documents or authorized copies thereof; and all non-Korean-language
documents shall be accompanied by a duly authenticated Korean translation.
(4) Every applicant shall pay charges prescribed by Ordinance of the Ministry of
Justice.<Newly Inserted by Act No. 10542, Apr. 5, 2011>
Article 4 (Prior Experience) (1) To be eligible to obtain qualification approval as a

foreign legal consultant, an applicant shall acquire the qualification as a foreign-
licensed lawyer and have at least three years of experience in legal services in
his/her home country of license.
(2) The period during which an applicant performed legal services with respect to
the Acts and subordinate statutes of a 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 a home country of license for an employer under an employment contract
as his/her primary practice, such period of practice, within the limit of two years,
may count towards the necessary experience period pursuant to paragraph (1), as
prescribed by Presidential Decree.
Article 5 (Grounds for Disqualification)

Each of the following persons shall be disqualified as a foreign legal consultant:
<Amended by Act No. 13715, Jan. 6, 2016>
1. A person, regardless of nationality, 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 exemption from execution of such
3
sentence was made definite;

2. A person, regardless of nationality, who was granted a stay of execution without
prison labor or heavier punishment, and is in the grace period or for whom two
years have yet to elapse after such period ends;
3. A person, regardless of nationality, sentenced to imprisonment without prison
labor or heavier punishment and is in the grace period;
4. A person, regardless of nationality, for whom five years have yet to elapse after
he/she was dismissed from public service by impeachment, or three years have yet
to elapse after he/she was dismissed or sentenced to heavier punishment through
disciplinary action;
5. A person, regardless of nationality, subjected to any action equivalent to those
prescribed in 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 lapsed;
6. A person under adult guardianship, a person under limited guardianship, or a
person declared bankrupt and yet to be rehabilitated, and a person who is deemed
likewise in accordance with the statutes of a home country of license.
Article 6 (Qualification Approval, etc.) (1) The Minister of Justice may grant
qualification approval for a foreign legal consultant if an applicant fulfills each of the
following requirements:
1. The home country of license shall be a party to a free trade agreement, etc.;
2. The applicant's qualification as a foreign-licensed lawyer shall be valid in the
home country of license;
3. The applicant shall have prior experience prescribed in Article 4;
4. The applicant shall not be subject to any ground for disqualification prescribed in
Article 5;
5. The applicant shall have a place in the Republic of Korea where documents, etc.,
can be served;
6. If the applicant falls under Article 3 (2), he/she shall suspend or discontinue
his/her practice.
(2) As the Minister of Justice approves 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
4
in paragraph (1) in at least two countries, the Minister may designate all countries
thereof as a home country of license.
(3) When the Minister of Justice determines whether to approve a qualification,
he/she may hear 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 any of 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
qualification approval of a foreign legal consultant if the foreign legal consultant falls
under any of the following subparagraphs:
1. Where the qualification as a foreign-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 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 a written application or documentary evidence is
omitted, or just grounds exist to deem the content of the application form or
evidence attached thereto to be false;
2. Where there is concern that a foreign legal consultant may cause loss to his/her
client or a third party due to his/her severely substandard skills or economic
status, and hence the revocation of qualification approval is deemed inevitable to
prevent loss thereto;
3. Where a foreign legal consultant fails to report or submit materials, or falsely
reports or submits materials prescribed in Article 9 (1);
4. Where a foreign legal consultant fails to file an application for registration to the
Korean Bar Association prescribed in Article 10 without any reasonable grounds,
within a year after his/her qualification was approved;
5. Where a foreign legal consultant fails to be registered under Article 10 within
three years after the validation period of the registration prescribed in Article 11
(2) expires.
5
(3) The Minister of Justice shall hold a hearing when he/she intends to revoke
qualification approval of a foreign legal consultant prescribed in paragraph (2) 1
through 3.
Article 8 (Publication, etc.) (1) When the Minister of Justice grants or revokes
qualification approval, he/she shall give a written notice thereof to the applicant and
the Korean Bar Association without delay and publish it on the Official Gazette.
(2) Qualification approval and 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 on approval or revocation of qualification,
or to submit relevant documents.
(2) The Minister of Justice may request administrative agencies or other public and
private organizations, to submit documents required to grant or revoke qualification
approval.<Amended by Act No. 14056, Mar. 2, 2016>
CHAPTER III REGISTRATION OF FOREIGN LEGAL CONSULTANTS
Article 10 (Application for Registration) (1) Any person who intends to commence
practicing 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 under 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 under Article 6 (2) to
the Korean Bar Association.
Article 11 (Certificate of Registration, etc.) (1) If no grounds exist to deny registration

in accordance with Article 12 (1) upon application for registration filed under Article
10 (2), the Korean Bar Association shall register the applicant to a 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
6
the certificate of registration.

(2) The validation period of the registration referred to in paragraph (1) shall be five
years from the date of registration to the list referred to in paragraph (1).
(3) Entitlement to file an 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 give
a written notice on its purpose to the Minister of Justice.
(5) The Korean Bar Association may collect charges prescribed by Presidential
Decree from applicants regarding applications for registration, and for the renewal of
registration.
(6) Other matters necessary for the registration procedures of foreign legal
consultants shall be determined by the Korean Bar Association.
Article 12 (Denial of Registration, etc.) (1) Where an applicant for registration

prescribed in Article 10 (1) or for renewal of registration prescribed in Article 11
(3) falls under any of the following subparagraphs, the Korean Bar Association may
deny his/her registration or 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 notice as to its grounds to the
applicant without delay:
1. Where an applicant significantly lacks capacity to provide legal services as a
foreign legal consultant due to mental illness, disease, or disorder;
2. Where it is acknowledged that an applicant is deemed substantially unfit to
perform duties as a foreign legal consultant because he/she was subject to criminal
prosecution or disciplinary action (excluding removal or dismissal from office); or
retired after committing a crime related to his/her duties while working as a public
official; irrespective of which country he/she served in;
3. Where qualification approval is revoked under Article 7;
4. Where two years have yet to elapse since the registration or renewal of
registration is denied, or registration is revoked under Articles 13 or 36.
(2) Any applicant whose registration or renewal of registration is denied, may file an
written objection, with evidence attached, to the Minister of Justice within three
7
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) The Korean Bar Association shall revoke
registration of any of the following foreign legal consultants:
1. Where a foreign legal consultant is deceased;
2. Where he/she is disqualified as a foreign legal consultant or qualification approval
as 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 where just ground exist 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) The Korean Bar Association may deregister any of the following foreign legal
consultants following a resolution by the Foreign Legal Consultant Registration
Review Committee pursuant to Article 14:<Amended by Act No. 14056, Mar. 2, 2016>
1. Where he/she significantly lacks capacity to provide legal services as a foreign
legal consultant due to mental illness, disease, or disorder;
2. Where he/she is deemed substantially unfit to perform duties as a foreign legal
consultant because he/she was subject to criminal prosecution or disciplinary
action (excluding removal or dismissal from office); or retired after committing a
crime related to his/her duties as a public official; irrespective of which country
he/she served in;
3. Where a foreign legal consultant violates Article 24, 25, or 34 of this Act, or
Article 33 or 34 of the Attorney-at-Law Act, as applies mutatis mutandis pursuant
to Article 35 of this Act.
(3) Where the Korean Bar Association revokes registration of a foreign legal
consultant prescribed in paragraph (1) (except paragraph (1) 1), it shall promptly
give a written notice on its purpose and grounds for the revocation to the foreign
legal consultant (including his/her legal representative in cases of paragraph (2) 1;
hereinafter the same shall apply in paragraph (4)), and report it to the Minister of
8
Justice.
(4) Upon receipt of notice in paragraph (3), a foreign legal consultant shall return
the certificate of registration to the Korean Bar Association without delay.
(5) Article 12 (2) and (3), which provides for filling written objections for denial of
registration, shall apply mutatis mutandis to de-registration.
Article 14 (Foreign Legal Consultant Registration Review Committee) (1) The Foreign
Legal Consultant Registration Review Committee shall be established under
jurisdiction of the Korean Bar Association to review the following matters:
1. Matters with respect to denial of registration or of renewal of registration
prescribed in Article 12;
2. Matters with respect to de-registration prescribed in the proviso to Article 13 (1)
3 and Article 13 (2).
(2) Articles 9 (2) and 10 through 13 of the Attorney-at-Law Act shall apply
mutatis mutandis to 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) (1) Any foreign legal consultant who fulfills
each of 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 provide legal services in a 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 to be the representative of the office shall file a written
application with documentary evidence attached, as prescribed by Presidential
Decree.
(3) No foreign legal consultant referred to in paragraph (1) shall establish more than
one foreign legal consultant office.
(4) Every applicant shall pay charges prescribed by Ordinance of the Ministry of
Justice.<Newly Inserted by Act No. 10542, Apr. 5, 2011>
9
Article 16 (Authorization for Establishment) (1) The Minister of Justice may grant
authorization to establish a foreign legal consultant office, which complies with all of
the following requirements: <Amended by Act No. 14056, Mar. 2, 2016>
1. The head office shall be duly established in a party country to a free trade
agreement, etc., in accordance with the statutes of the country, which has been
operated normally for more than five years;
2. The head office shall pass a resolution or decide to establish a representative
office to perform advisory services in foreign laws in the Republic of Korea;
3. A foreign legal consultant to be the representative of a foreign legal consultant
office, shall have experience in providing legal services for at least five years in
total, including more than three years of experience in the home country of license
after being qualified as a foreign-licensed lawyer;
4. The head office shall guarantee the fulfillment of civil and commercial liabilities in
relation to the practice of the foreign legal consultant office.
(2) When the head office holds a law office, local law office, local legal entity,
affiliate, branch office, and other offices established mainly for legal services in
several countries, the office where high-level decisions are substantially made shall
be considered the head office.
(3) When the representative position becomes vacant, a foreign legal consultant
office shall fill such vacancy within three months therefrom.
Article 17 (Publication, etc.) (1) The Minister of Justice, where he/she grants
authorization of the establishment of a foreign legal consultant office, shall give 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 in the Official
Gazette.
(2) Authorization for the establishment of a foreign legal consultant office shall take
effect from the date the publication referred to in paragraph (1) is made.
(3) Other matters with respect to authorization to establish foreign legal consultant
offices shall be prescribed by the Presidential Decree.
Article 18 (Registration of foreign legal consultant offices) (1) Each representative of a

foreign legal consultant office authorized for establishment, shall file an application
for registration of the foreign legal consultant office with the Korean Bar Association
10
within three months from the date on which its authorization is published.
(2) Matters that must be registered under paragraph (1) shall be as follows:
1. Objectives, name, and seat of the foreign legal consultant office;
2. Names and addresses of partners, and the address of the representative of the
foreign legal consultant office;
3. Matters concerning the representative of the foreign legal consultant office;
4. Date authorization is granted to establish the foreign legal consultant office;
5. Name and seat of the head office.
(3) Upon application referred to in paragraph (1), the Korean Bar Association,
expect in extenuating circumstances, shall promptly register the office with a
register of foreign legal consultant offices and issue the certificate of registration of
the foreign legal consultant office to the applicant.
(4) Where changes arise in registered data, the representative of the foreign legal
consultant office, shall report in writing such changes to the Korean Bar Association
within a month from the date of such change.
(5) The Korean Bar Association shall keep the following documents and make them
available for public inspection:<Amended by Act No. 10542, Apr. 5, 2011>
1. A document stating matters in paragraph (2);
2. Written authorization to establish and revoke such authorization provided for in
Article 16;
3. Documentary evidence that a foreign legal consultant office subscribes to the
insurance or the mutual aid fund provided for in Article 21;
4. A document regarding registration provided for in Article 34-3 and revocation
provided for in Article 34-4.
(6) Where the Korean Bar Association complete registration under paragraph (3), it
shall give a written notice on its purpose to the Minister of Justice.<Newly Inserted by
Act No. 10542, Apr. 5, 2011>
(7) Other matters necessary for the registration of foreign legal consultant offices
shall be determined by the Korean Bar Association.<Amended by Act No. 10542, Apr. 5,
2011>
Article 19 (Revocation of Authorization for Establishment) (1) The Minister of Justice

may revoke authorization to establish any of the following legal consultant offices:
11
<Amended by Act No. 10542, Apr. 5, 2011>
1. Where an important part of a written application for authorization for

establishment or documentary evidence is omitted, or there are just grounds to
deem that the details of the application form or evidentiary documents are false;
2. Where a foreign legal consultant office fails to fulfill any of requirements of Article
16 (1);
3. Where a foreign legal consultant office fails to fill the vacancy of the
representative within three months, in violation of Article 16 (3);
4. Where a partner of a foreign legal consultant office, or a non-foreign legal
consultant affiliated therewith, violates Article 24 in relation to the practice of the
foreign legal consultant office;
5. Where a foreign legal consultant office fails to observe the supervision by the
Minister of Justice prescribed in Article 32 (1), without any just ground, and hence
is deemed to have violated the public interest or risks violating public interest;
6. Where a foreign legal consultant office violates Article 33 or 34;
7. Where a foreign legal consultant office handles a case, combined with domestic
legal services and foreign legal services, jointly with a law office, law firm, limited
liability law firm, or law firm partnership without registration, and then distributes
profits accrued therefrom, in violation of Article 34-2 (1);
8. The representative of a foreign legal consultant office authorized for
establishment, fails to file an application for registration with the Korean Bar
Association within three months, in violation of Article 18 (1).
(2) Where a head office has established a joint-venture law firm under Article 35-
2, the Minister of Justice shall revoke authorization to establish a foreign legal
consultant office established by the relevant head office under Article 15.<Amended by
Act No. 14056, Mar. 2, 2016>
(3) Where authorization to establish a foreign legal consultant office is revoked

under paragraph (1) 1 through 7 or (2), it shall be deemed de-registered from the
Korean Bar Association.<Amended by Act No. 14056, Mar. 2, 2016>
(4) The Minister of Justice shall hold a hearing when he/she intends to revoke any
authorization to establish a foreign legal consultant office on any ground provided for
in paragraph (1).<Newly Inserted by Act No. 14056, Mar. 2, 2016>
12
(5) Article 17 shall apply mutatis mutandis to revocation of 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 apply mutatis
mutandis to office employees in a foreign legal consultant office. In such cases,
"attorney-at-law" and "head of local bar association" shall be construed as
"representative of a foreign legal consultant office;" and "head of the Korean Bar
Association," respectively.
Article 21 (Loss Compensation regarding Accepted Cases) (1) In order to indemnify

loss arising from the provision of foreign legal services and the operation of a foreign
legal consultant office, partners of a foreign legal consultant office shall 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 on
liability to compensate loss pursuant to paragraph (1), on a legal service contract and
advertisement as prescribed by Presidential Decree.
Article 22 (Preparation of Registers, etc.)

Each foreign legal consultant office shall prepare and keep a register of cases it
accepts. In such cases, Article 28 (2) and (3) of the Attorney-at-Law Act shall
apply mutatis mutandis to the preparation of registers of accepted cases, etc.
Article 23 (Operation of foreign legal consultant offices, etc.) (1) No foreign legal
consultant office shall establish any 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 mutatis mutandis 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 relevant Articles of the
Attorney-at-Law Act that apply mutatis mutandis, "law firm" and "attorney-at-law"
shall be construed as "foreign legal consultant office" and "foreign legal consultant,"
respectively.
(3) With regard to a foreign legal consultant office (which shall be comprised of at
least two partners), provisions on partnerships prescribed in the Civil Act shall apply
13
mutatis mutandis to matters not otherwise prescribed in this Act.
CHAPTER V RIGHTS AND OBLIGATIONS OF FOREIGN LEGAL CONSULTANTS
Article 24 (Scope of Practice)

A foreign legal consultant shall perform any of the following services:<Amended by Act
No. 14056, Mar. 2, 2016>
1. Legal advice on the statutes of the home country of license;

2. Legal advice on agreements, the home country of license of which is a party, and
on universally approved customary international law;
3. Representation in international arbitration cases: Provided, That the services
concerning the statutes of the Republic of Korea shall be excluded therefrom.
Article 24-2 (Representation of International Arbitration Case by Foreign-Licensed

Lawyer Being Non-Foreign Legal Consultant) (1) An foreign-licensed lawyer
(excluding persons who fall under any subparagraph of Article 5; hereafter the same
shall apply in this Article) being a non-foreign legal consultant, may perform the
services set forth in subparagraph 3 of Article 24.
(2) No foreign-licensed lawyer in paragraph (1) shall reside in the Republic of
Korea for more than 90 days a year in connection with performing any of the
services set forth in subparagraph 3 of Article 24: Provided, That any period of
residence in the Republic of Korea due to his/her own injury or illness, medical
treatment or visiting an injured or diseased relative, or any other extenuating
circumstance, shall be excluded from the calculation of such period of residence.
[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]
Article 25 (Methods of Performing Practice) (1) Every foreign legal consultant may
practice in any of the following positions: <Amended by Act No. 14056, Mar. 2, 2016>
1. A partner of a foreign legal consultant office;
2. A non-partner of a foreign legal consultant affiliated therewith;
3. A foreign legal consultant affiliated with a law office, a law firm, a limited liability
law firm, or a law firm partnership;
4. A senior foreign legal consultant (referring to a foreign legal consultant who
satisfies the requirements prescribed in Article 35-11 (1); hereinafter the same
14
shall apply) of a joint-venture law firm;

5. An affiliated foreign legal consultant who is not a senior foreign legal consultant of
a joint-venture law firm.
(2) Every foreign legal consultant shall be prohibited from being affiliated or
employed by more than one foreign legal consultant office, law office, law firm,
limited liability law firm, law firm partnership, or joint-venture law firm
simultaneously, or from holding concurrent positions.<Amended by Act No. 14056, Mar. 2,
2016>
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 thereof to the Minister of Justice without delay.
(2) The Korean Bar Association, upon receipt of notice given under paragraph (1),
shall report it to the Minister of Justice without delay.
Article 27 (Indication 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 commonly used 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 the aforementioned home country of license in the title; hereafter the
same shall apply in this Article). In such cases, in addition to the job title, the foreign
legal consultant may add a corresponding job title a foreign-licensed lawyer in
his/her native language in parenthesis, combined with the name of the home country,
followed by the name of the home country of license in Korean, which is commonly
used in the Republic of Korea, together with the expression "byeonhosa (attorney-
at-law)". <Amended by Act No. 14056, Mar. 2, 2016>
(2) Every foreign legal consultant office shall use a title which combines the name of
the head office with "foreign legal consultant office" as suffix. In such cases, the title
may be accompanied by the name of the area in which the foreign legal consultant
office is located.<Amended by Act No. 10542, Apr. 5, 2011>
(3) While performing duties, no foreign legal consultant or foreign legal consultant
office shall use any title or indication other than that prescribed in paragraphs (1)
15
and (2).
(4) For easy recognition by ordinary people, every foreign legal consultant office
shall display a signboard indicating its partners, affiliated foreign legal consultants,
and their home country of license, at an appropriate place both inside and outside the
office.
(5) Every joint-venture law firm shall indicate all of its joint-venture participants,
senior attorneys-at-law, affiliated attorneys-at-law, senior foreign legal
consultants, and affiliated foreign legal consultants (in cases of a foreign legal
consultant, including his/her home country of license designated by the Minister of
Justice under Article 6 (2)).<Amended by Act No. 14056, Mar. 2, 2016>
(6) Every foreign legal consultant or joint-venture law firm shall clarify to clients,
his/her or its home country of license (in cases of a joint-venture law firm, referring
to the home country of license of the foreign legal consultant in charge) and scope of
practice, before making a contract on foreign legal services, etc., with the clients.
<Newly Inserted by Act No. 14056, Mar. 2, 2016>
(7) No person, other than a foreign legal consultant, shall use any title or indication
which represents or causes him/his to be recognized mistakenly as a foreign legal
consultant.
Article 28 (Ethical Standard, etc.) (1) No foreign legal consultant shall engage in any
conduct that compromises his/her dignity.
(2) No foreign legal consultant shall conceal any fact 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 reside in the
Republic of Korea for more than 180 days per year from the date he/she commences
practice.
(2) Where a foreign legal consultant resides overseas due to his/her injury or illness,
medical treatment of or visit to injured or ill relatives, or other extenuating
circumstances, such period spent overseas shall be considered residency in the
Republic of Korea.
16
Article 30 (Obligation of Confidentiality)

No person who is or was a foreign legal consultant shall disclose any confidential
matter of which he/she becomes aware in relation to his/her duties: Provided, That
this shall not apply where such disclosure of confidential matters is specifically
prescribed otherwise by Acts.
Article 31 (Advertisements) (1) A foreign legal consultant, foreign legal consultant

office, or joint-venture law firm may advertise his/her or its partners home
countries of license, education, careers, expertise, performance records (in cases of
a joint-venture law firm, referring to its joint-venture participants, senior
attorneys-at-law, and senior foreign legal consultants), and other matters
necessary for publicizing services through media, such as broadcasts, newspapers,
magazines, and computer communications. <Amended by Act No. 14056, Mar. 2, 2016>
(2) In order to review matters on 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 construed as "foreign legal consultant", "foreign
legal consultant office," or "joint-venture law firm," respectively.<Amended by Act No.
14056, Mar. 2, 2016>
Article 32 (Supervision, etc., by Minister of Justice) (1) Any foreign legal consultant,
foreign legal consultant office, and joint-venture law firm shall be subject to the
supervision of the Minister of Justice and the Korean Bar Association with respect to
his/her and its activities. <Amended by Act No. 14056, Mar. 2, 2016>
(2) The Korean Bar Association, upon becoming aware that a foreign legal
consultant, foreign legal consultant office, or joint-venture law firm violates any
obligation prescribed in this Act, shall report such fact to the Minister of Justice.
<Amended by Act No. 14056, Mar. 2, 2016>
Article 33 (Obligation of Submitting Evidence)

When the Minister of Justice or the Korean Bar Association requires a foreign legal
consultant, foreign legal consultant office, or joint-venture law firm to submit data
17
on the current status of his/her or its practice and property, details of accepted
cases, accounting records, and other necessary data, clarifying grounds for
supervision referred to in Article 32 (1), the foreign legal consultant, the foreign
legal consultant office, or joint-venture law firm, shall comply with such
requirement. <Amended by Act No. 14056, Mar. 2, 2016>
Article 34 (Prohibition of Employment, Partnership, Concurrent Positions, etc.) (1) No

foreign legal consultant or foreign legal consultant office shall employ any attorney-
at-law, certified judicial scrivener, patent attorney, certified public accountant,
certified tax accountant, or customs broker.
(2) No foreign legal consultant or foreign legal consultant office shall handle any
case jointly with any attorney-at-law, certified judicial scrivener, patent attorney,
certified public accountant, certified tax accountant, and customs broker in any
manner including partnership, affiliation, establishment of a comprehensively
collaborative relationship, and joint acceptance of cases, and accordingly apportion
compensation or proceeds therefrom.
(3) No foreign legal consultant or foreign legal consultant office shall make a
contract of association, establish a law firm, hold shares with, nor entrust operation
to any attorney-at-law, law firm, limited liability law firm, law firm partnership,
certified judicial scrivener, joint firm of certified judicial scriveners, patent attorney,
patent firm, limited liability patent firm, certified public accountant, accounting firm,
certified tax accountant, tax firm, customs brokers and customs firm; nor in any
manner, shall he/she or it jointly establish and operate, or have a partnership with
any law office, law firm, limited liability law firm, law firm partnership, certified
judicial scrivener office, joint firm of certified judicial scriveners, patent lawyer's
office, patent firm, limited liability patent firm, certified public accountant office,
accounting firm, certified tax accountant office, tax firm, customs broker office, and
customs firm.<Amended by Act No. 11962, Jul. 30, 2013>
Article 34-2 (Joint Handling of Cases of foreign legal consultant office) (1) Where a
foreign legal consultant office whose head office is established and operated in a
Justice in accordance with the free trade agreement, etc., is registered in advance
for joint handling of cases, etc., as provided in Article 34-3 with the Korean Bar
18
Association (hereinafter referred to as "registration for joining handling of cases,

etc.), notwithstanding Article 34 (2), the foreign legal consultant office may jointly
handle a case, combined with domestic legal services and foreign legal services,
based on a separate contract for a case, together with a law office, law firm, limited
liability law firm, or law firm partnership and may distribute profits incurred
therefrom.
(2) Where a member of the foreign legal consultant office or a foreign legal
consultant working for the foreign legal consultant office, but not a member thereof,
deals with a case pursuant to paragraph (1), he/she shall not be unduly involved in
legal services handled by an attorney-at-law of a law office, law firm, limited
liability law firm, and law firm partnership, beyond the scope of practice under
Article 24.
[This Article Newly Inserted by Act No. 10542, Apr. 5, 2011]
Article 34-3 (Registration for Joint Handling of Cases) (1) A representative of a

foreign legal consultant office who intends to jointly handle a case, etc., shall file a
written application for registration to jointly handle cases, etc.
(2) Upon receipt of an application pursuant to paragraph (1), the Korean Bar
Association, where no specific circumstance exists to the contrary, shall register the
office with the list of foreign legal consultant offices without delay and issue the
applicant with certificate of registration of the foreign legal consultant office, and it
shall make a written notice on its purpose to the applicant and the Minister of Justice.
(3) Other matters necessary for procedures to register joint handling of cases, etc.,
of a foreign legal consultant office, except as provided for in paragraphs (1) and (2),
shall be determined by the Korean Bar Association.
Article 34-4 (Revocation of Registration for Joint Handling of Cases) (1) Where the
head office of a foreign legal consultant office which is registered to jointly handle
cases, etc., is not established and operated in a party country to a free trade
agreement, etc., prescribed by the Minister of Justice, the Minister of Justice may
order the Korean Bar Association to revoke the registration therefor.
(2) Where the Korean Bar Association is ordered to de-register under paragraph
(1) or a ground for order for de-registration exits, it shall de-register the joint
19
handling of cases, etc.

(3) Where the Korean Bar Association revokes registration for joint handling of
cases, etc., pursuant to paragraph (2), it shall make a written notice on its purpose
and grounds to the relevant foreign legal consultant office without delay and report
such to the Minister of Justice.
(4) Article 12 (2) and (3) shall apply mutatis mutandis to an application for any
objection to registration revocation under paragraph (2).
Article 34-5 (Report on Joint Handling of Cases) (1) A representative of a foreign

legal consultant office that completed registering joint handling of cases, etc., shall
report to the Korean Bar Association by January 31 each year, the name, business
location of a legal office, law firm, limited liability law firm, or law firm partnership
being a party to a contract concluded in the previous year by a foreign legal
consultant office pursuant to Article 34-2 (1), as well as the date of a contract and
other matters prescribed by the Korean Bar Association.
(2) Upon receipt of reports pursuant to paragraph (1), the Korean Bar Association
shall make a written notice on its purpose to the Minister of Justice.
(3) Other matters necessary for procedures to report joint handling of cases, etc., of
a foreign legal consultant office, except as provided for in paragraphs (1) and (2),
shall be prescribed by the Korean Bar Association.
Article 35 (Application Mutatis Mutandis of the Attorney-at-Law Act)

@Articles 28-2, 30 through 34 and 38 of the Attorney-at-Law Act shall apply
mutatis mutandis to the duties, etc., of a foreign legal consultant. In such cases, in
the relevant provisions of the Attorney-at-Law Act that apply mutatis mutandis,
"attorney-at-law" shall be construed as "foreign legal consultant;" "law office" as
"foreign legal consultant office," and "affiliated local bar association" as "the Korean
Bar Association," respectively.<Amended by Act No. 14056, Mar. 2, 2016>
20
CHAPTER V-II JOINT VENTURES LAW FIRMS
Article 35-2 (Establishment) (1) A law firm, limited liability law firm, or law firm
partnership may establish a law firm in a joint venture with a person established in a
Justice for the primary purpose of performing legal services regardless of its legal
form.
(2) Where a foreign joint-venture participant has offices whose prime purpose is the
performance of legal services, such as offices, local offices, local corporations, and
branch offices, in a number of countries, a party country to a free trade agreement,
etc., in paragraph (1) shall be determined on the basis of the country where the
highest decision-making office is located.
Article 35-3 (Applications, etc., for Establishment) (1) In order to establish a joint-
venture law firm, joint-venture participants shall prepare the articles of
incorporation and obtain authorization from the Minister of Justice through the local
bar association in the locality of its principal office and the Korean Bar Association.
The same shall also apply where the joint-venture law firm intends to amend the
articles of incorporation.
(2) In order to obtain authorization for the establishment of a joint-venture law firm
or the amendment to its articles of incorporation, joint-venture participants, shall file
a written application therefor, accompanied by evidentiary documents prescribed by
Presidential Decree.
(3) The term of validity of authorization granted under paragraph (1), shall be five
years from the date the Minister of Justice grants authorization for establishment.
(4) An application for renewal of authorization for establishment may be filed five to
ten months before the term of validity prescribed in paragraph (3) expires.
Article 35-4 (Matters to be Included in Articles of Incorporation)

Each joint-venture law firm shall include the following in the articles of
incorporation:
21
1. Objectives, name, and locations of the principal office and branch offices;
2. Names, registration numbers (or numbers corresponding to registration numbers,
if no registration number is issued) of all joint-venture participants, and the
address of its principal office;
3. Types and value of investment, or standards for assessment and share ratio;
4. Matters concerning the accession and secession of joint-venture participants and
other changes;
5. Matters concerning the meetings of joint-venture participants;
6. Name and resident registration number (date of birth, in cases of a foreigner) of
each senior attorney-at-law (referring to an attorney-at-law qualified under
Article 35-11 (1); hereinafter the same shall apply) of the joint-venture law firm
and senior foreign legal consultant, and the address of the representative thereof;
7. Matters concerning authority and obligations of senior attorneys-at-law of the
joint-venture law firm and its senior foreign legal consultants;
8. Matters concerning the representative of the joint-venture law firm;
9. Matters concerning assets and accounting;
10. Where any term of existence or ground for dissolution is prescribed, such term
or grounds.
Article 35-5 (Registration) (1) Upon obtaining authorization for establishment, a joint-
venture law firm shall register the establishment within two weeks therefrom. The
same shall also apply where any change is made in registered matters.
(2) Matters to be registered under paragraph (1) shall be as follows:
1. Objectives, name, and locations of the principal office and branch offices;
2. Names, registration numbers (or numbers corresponding to registration numbers,
if no registration number exists) of all joint-venture participants, and the address
of its principal office;
3. Types and value of investment, and the portion of investment already made;
4. Name and resident registration number (date of birth, in cases of a foreigner) of
each senior attorney-at-law of the joint-venture law firm and senior foreign legal
consultant, and the address of the representative thereof;
22
5. Matters concerning the representative of the joint-venture law firm;

6. Where it is prescribed that at least two persons will be the co-representatives of
the joint-venture law firm, the relevant regulations;
7. Where any term of existence or ground for dissolution is prescribed, such term or
ground;
8. Date on which the authority for establishment was granted.
(3) A joint-venture law firm shall be duly formed upon registration for its
establishment at the seat of its principal office.
Article 35-6 (Names) (1) A joint-venture law firm shall specify the names of all joint-
venture participants (including a short title generally used) in parallel with its name,
and shall use the words "joint-venture law firm" in its name.
(2) A person who is not a joint-venture law firm shall be prohibited from using the
name "joint-venture law firm" or any name similar thereto.
Article 35-7 (Composition of Joint Venture Law Firms) (1) A joint-venture law firm
shall be comprised of at least one local joint-venture participant and at least one
foreign joint-venture participant.
(2) No joint-venture participant shall establish more than two joint-venture law
firms.
(3) Where a joint-venture law firm fails to satisfy any of the requirements for joint-
venture participants prescribed in paragraph (1), it shall rectify them within three
months.
Article 35-8 (Joint Venture Participants) (1) A local joint-venture participant that
establishes a joint-venture law firm, shall satisfy the following requirements:
1. It shall have been normally operated for at least three years since it was duly
established under the Attorney-at-Law Act;
2. It must have at least five attorneys-at-law, each of whom has been in a position
falling under any subparagraph of Article 42 (1) of the Court Organization Act for
at least five years in total, and at least three of them shall be members of the local
23
participants in the relevant joint venture;

3. Where the highest decision-making body of its principal office has made a
resolution or decided to establish a joint-venture law firm;
4. It shall have been operated in satisfaction of the following requirements:
(a) It has not been punished by imposition of disciplinary action or criminal
punishment under the Attorney-at-Law Act during the recent five years: Provided,
That the same shall not apply where it has been punished by imposition of
disciplinary action or criminal punishment of a fine not exceeding three million won
and the ground therefor falls under any insignificant ground prescribed by
Presidential Decree, taking into account the details, motives, etc., of the act that has
become the cause of the disciplinary action or criminal punishment;
(b) The representative shall not have been punished by disciplinary action or
sentenced to imprisonment without labor or heavier punishment under the Attorney-
at-Law Act during the recent five years in connection with providing services of
local joint-venture participant: Provided, That the same shall not apply where he/she
has been punished by disciplinary action and the ground therefor falls under any
insignificant ground prescribed by Presidential Decree, taking into account the details
of, motives for, etc., the act that has become the cause of the disciplinary action or
criminal punishment;
5. It must have expertise suitable for providing services of the joint-venture law
firm, in light of the constituents of human resources, practice of services,
competency in performing services, etc., of the local joint-venture participant.
(2) A foreign joint-venture participant that establishes a joint-venture law firm,
shall satisfy each of the following requirements:
1. It has been operated normally for at least three years since it was duly established
under the Act of a party country to a free trade agreement, etc.;
2. It must have at least five attorneys-at-law, each of whom has performed legal
services for at least five years after obtaining qualification as a foreign-licensed
attorney-at-law, at least three of whom shall be members of the local participants
in the relevant joint venture;
3. Where the highest decision-making office in Article 35-2 (2) has made a
resolution or decided to establish a joint-venture law firm;
24
4. It shall have been operated in satisfaction of the following requirements:

(a) It has not been punished by imposition of disciplinary action or disposition
corresponding to criminal punishment under the Attorney-at-Law Act (including
any Acts of foreign countries corresponding to this Act or the Attorney-at-Law
Act) during the recent five years regardless of countries: Provided, That the same
shall not apply to cases falling under any insignificant ground prescribed by
Presidential Decree, taking into account the details of, motives for, etc., the act that
has become the cause of the disciplinary action or criminal punishment;
(b) The representative has not been punished by imposition of disciplinary action or
disposition corresponding to imprisonment without labor or heavier punishment under
the Attorney-at-Law Act (including any Acts of foreign countries corresponding to
this Act or the Attorney-at-Law Act) during the recent five years regardless of
countries: Provided, That the same shall not apply in cases falling under any
insignificant ground prescribed by Presidential Decree, taking into account the details
of, motives for, etc., the act that has become the cause of the disciplinary action or
criminal punishment;
5. It must have expertise suitable for providing services of the joint-venture law
firm, in light of the constituents of human resources, practice of services,
competency in providing services, etc. of the foreign joint-venture participant.
Article 35-9 (Participation of Joint Venture Participants) (1) A person who intends to
participate in a joint venture, may participate in the joint-venture law firm after
obtaining consent of all of the joint-venture participants and authorization from the
Minister of Justice.
(2) A joint-venture participant that newly participates in a joint-venture law firm,
shall satisfy the requirements prescribed in Article 35-8.
Article 35-10 (Secession of Joint Venture Participants) (1) Any joint-venture

participant may withdraw from the joint venture at will: Provided, That it shall give
six-months' prior notice.
(2) Any local joint-venture participant shall naturally withdraw from the joint
venture when it falls under any of the following grounds:
25
1. Where it is dissolved under the Attorney-at-Law Act;

2. Where it receives an order to suspend its business under the Attorney-at-Law
Act;
3. Where any ground for withdrawal prescribed by the articles of incorporation of the
joint-venture law firm occurs.
(3) Any foreign joint-venture participant shall naturally withdraw from the joint
venture when it falls under any of the following grounds:
1. Where it is dissolved under any Act of a party country to a free trade agreement,
etc., or any situation corresponding thereto occurs;
2. Where it receives an order to suspend its business under any Act of a party
country to a free trade agreement, etc., or where any situation corresponding
thereto occurs;
3. Where any ground for withdraw prescribed in the articles of incorporation of the
joint-venture law firm occurs.
Article 35-11 (Senior Attorneys-at-Law and Senior Foreign Legal Consultants) (1)
Notwithstanding Article 34 (4) of the Attorney-at-Law Act, a joint-venture law
firm shall have at least two senior attorneys-at-law and senior foreign legal
consultants that satisfy all of the following requirements:
1. They shall be members of the joint-venture participants;
2. Each of them shall have been at a position falling under any subparagraph of
Article 42 (1) of the Court Organization Act for at least five years in total, or have
performed legal affairs for at least five years in total after obtaining qualification as
a foreign-licensed lawyer, including at least two years experience in the home
country of license;
3. In cases of a foreign legal consultant, the home country of its license shall be a
Justice pursuant to Article 35-2 (1).
(2) The number of senior foreign legal consultants of a joint-venture law firm shall
not exceed the number of senior attorneys-at-law.
(3) Notwithstanding Article 35-15 (3) hereof and Articles 21 (3) and 48 (3) of the
Attorney-at-Law Act (including cases of application mutatis mutandis under
26
Articles 58-16 and 58-30 of the same Act), a senior attorney-at-law or senior
foreign legal consultant as joint-venture law firm may hold a concurrent position as
a member of a joint-venture participant with the permission of the Minister of
Justice.
(4) Where a joint-venture law firm fails to satisfy all of the requirements for the
number of senior attorneys-at-law or senior foreign legal consultants prescribed in
paragraphs (1) and (2), it shall rectify them within three months.
Article 35-12 (Affiliated Attorneys-at-Law and Affiliated Foreign Legal Consultants)

(1) Notwithstanding Article 34 (4) of the Attorney-at-Law Act, a joint-venture law
firm may have affiliated attorneys-at-law who are not senior attorneys-at-law and
affiliated foreign legal consultants who are not senior foreign legal consultants.
(2) In cases of a foreign legal consultant in paragraph (1), the home country of its
license shall be a party country to a free trade agreement, etc., publicly notified by
the Minister of Justice pursuant to Article 35-2 (1).
(3) The number of affiliated foreign legal consultants of a joint-venture law firm
shall not exceed the number of affiliated attorneys-at-law.
(4) Where a joint-venture law firm fails to satisfy the requirements prescribed in
paragraph (3), it shall rectify them within three months.
Article 35-13 (Representative)

The representative of a joint-venture law firm shall be elected at a meeting of joint-
venture participants (referring to a meeting comprised of persons representing
joint-venture participants; hereinafter the same shall apply) from among the persons
who satisfy all of the following requirements:
1. They shall be senior attorneys-at-law or senior foreign legal consultants;
2. In cases of a foreign legal consultant, the home country of its license shall be a
country where the foreign participant in the joint venture is located under Article
35-2 (2).
27
Article 35-14 (Office Staff) (1) A joint-venture law firm may employ staff for its
office.
(2) Article 22 (2) through (5) of the Attorney-at-Law Act shall apply mutatis
mutandis to office staff of a joint-venture law firm. In such cases, "attorney-at-
law" shall be construed as "joint-venture law firm," and "the president of a local bar
association" as "President of the Korean Bar Association," respectively.
Article 35-15 (Offices) (1) A joint-venture law firm may establish branch offices.
(2) Where a joint-venture law firm opens or moves its office or establishes a branch
office, it shall report such fact without delay, to the Minister of Justice through the
local bar association in the locality of its principal office and the Korean Bar
Association.
(3) No attorney-at-law or foreign legal consultant of a joint-venture law firm shall
establish any office other than the joint-venture law firm, the prime purpose of
which is providing legal services, regardless of its legal form.
(4) The standards for establishment of branch offices in paragraph (1) shall be
prescribed by Presidential Decree.
Article 35-16 (Shares) (1) No foreign participant in a joint venture shall hold shares in
the joint-venture law firm in excess of 49/100.
(2) In applying paragraph (1), if there are multiple foreign joint-venture participants
at a joint-venture law firm, the share ratio shall be based on the total shares of
respective foreign joint-venture participants.
(3) A joint-venture participant that fails to obtain consent from all other joint-
venture participants, shall be prohibited from transferring any or all of its share.
Article 35-17 (Exercise of Voting Rights) (1) A joint-venture participant shall exercise
his/her voting right at a meeting of joint-venture participants in accordance with
his/her share ratio.
(2) A meeting of joint-venture participants shall adopt a resolution with the
concurrent vote of a majority of all voting rights.
28
Article 35-18 (Profit Sharing)

Notwithstanding Article 34 (5) of the Attorney-at-Law Act, all joint-venture
participants shall take profits in accordance with the share ratio, except as otherwise
expressly prescribed by the articles of incorporation.
Article 35-19 (Scope of Services)

A joint-venture law firm may perform services, excluding all of the following, to the
extent they do not conflict with this Act or other statues:
1. Representation of judicial proceedings or legal proceedings against the State, local
governments, and other public institutions, and preparation of legal documents for
such proceedings;
2. Representation of the preparation of deeds upon request in Article 2 of the Notary
Public Act;
3. Counselling on labor;
4. Representation of services for the sole purpose of acquiring, losing, or changing a
right to real estate, intellectual property right, mining right, and other rights which
shall be constituted or serve as requirements for prevailing against upon the
registration with an administrative agency, and preparation of documents for such
purposes;
5. Representation of performance of affairs related to relatives and inheritance
where a citizen of the Republic of Korea is a relevant party or where the related
property is located in the Republic of Korea, and preparation of documents for such
purposes.
Article 35-20 (Method of Conducting Services) (1) A joint-venture law firm shall
perform its services in the name of the law firm and designate an attorney-at-law to
be in charge of such services (hereinafter referred to as "attorney-at-law in
charge") or a foreign legal consultant to be in charge of such services. An affiliated
attorney-at-law or affiliated foreign legal consultant shall be designated jointly with
senior attorneys-at-law or senior foreign legal consultants.
29
(2) In designating under paragraph (1), no foreign legal consultant shall be

designated as a foreign legal consultant in charge of affairs other than those
prescribed in Article 24.
(3) When a joint-venture law firm performs any services in Article 49 (2) of the
Attorney-at-Law Act, it shall designate a person to be in charge of services, from
among attorneys-at-law who can perform such duty.
(4) When a joint-venture law firm fails to designate an attorney-at-law in charge
or a foreign legal consultant in charge, as prescribed in paragraph (1), all senior
attorneys-at-law and all senior legal consultants shall be deemed designated as an
attorney-at-law in charge: Provided, That in cases of services other than those
prescribed in Article 24, all senior attorneys-at-law shall be deemed designated as
an attorney-at-law in charge.
(5) When an attorney-at-law in charge or a foreign legal consultant in charge is
unable to take charge of any service, a joint-venture law firm shall promptly
designate another attorney-at-law in charge or foreign legal consultant in charge
pursuant to paragraph (1).
(6) Paragraph (4) shall apply mutatis mutandis where a joint-venture law firm fails
to designate an attorney-at-law in charge or a foreign legal consultant in charge, as
prescribed in paragraph (5).
(7) When a joint-venture law firm designates an attorney-at-law in charge or a
foreign legal consultant in charge under paragraphs (1) through (6), it shall promptly
give a written notice to the client that it accepts the case. The same shall also apply
where an attorney-at-law in charge or a foreign legal consultant in charge is
replaced.
(8) Each attorney-at-law in charge or foreign legal consultant in charge shall
represent the joint-venture law firm respectively when he/she or it performs
designated services.
(9) Each joint-venture law firm shall mark its name on every document that it
prepares in connection with its services, and an attorney-at-law in charge and a
foreign legal consultant in charge shall place their names and seals thereon or sign it.
30
Article 35-21 (Prohibition of Unreasonable Involvement)

In performing any legal services, other than those prescribed in Article 24, no
foreign legal consultant of a joint-venture law firm shall instruct any order to an
attorney-at-law of the joint-venture law firm with respect to performing his/her
duties or involve unreasonably therein.
Article 35-22 (Restrictions on Services of Partners, etc.) (1) An attorney-at-law or a

foreign legal consultant of a joint-venture law firm shall be prohibited from
performing services as an attorney-at-law or a foreign legal consultant on his/her
or its account or on a third person's account: Provided, That where a senior
attorney-at-law or senior foreign legal consultant holds a concurrent position as a
member of the joint-venture participants, performing services on the account of the
relevant joint-venture participants shall be excluded therefrom.
(2) No former attorney-at-law or foreign legal consultant of any joint-venture law
firm shall perform services as an attorney-at-law or foreign legal consultant
concerning any case that the law firm has approved to accept after receiving
consultation, during the period he/she or it has been affiliated with the relevant
joint-venture law firm.
Article 35-23 (Performance of Separate Duties by Local Participants in Joint Venture)

A local joint-venture participant may perform the duties prescribed in Article 3 of
the Attorney-at-Law Act, separately from the joint-venture law firm.
Article 35-24 (Preparation and Keeping of Register)

A joint-venture law firm shall prepare and keep a register of cases he/she accepts.
In such cases, Article 28 (2) and (3) shall apply mutatis mutandis to the entry, etc.,
in registers of accepted cases.
Article 35-25 (Restriction on Acceptance of Case)

No joint-venture law firm shall provide services with respect to any of the following
cases: Provided, That the same shall not apply in cases falling under subparagraph 2,
31
in which the client of the accepted case consents thereto:

1. A case brought by the opposing party, which the attorney-at-law has already
accepted (including cases joint-venture participant has approved to accept) after
being consulted by the other party of the case;
2. A case brought by the opposing party of another case, which the attorney-at-law
has already accepted (including cases that a joint-venture participant has already
accepted);
3. A case a senior attorney-at-law, senior foreign legal consultant, affiliated
attorney-at-law, or affiliated foreign-licensed lawyer (including a member or an
affiliated lawyer of a local joint-venture participant, and a member, an affiliated
foreign legal consultant or an affiliated attorney-at-law of a foreign joint-venture
participant) handles or begins to handle as a public official, mediator, or arbitrator.
Article 35-26 (Prohibition of Employment, Partnership, Concurrent Positions, etc.) (1)

No joint-venture law firm shall employee any certified judicial scrivener, patent
attorney, certified public accountant, certified tax accountant, nor customs broker.
(2) No joint-venture law firm shall jointly handle any case with any certified judicial
scrivener, licensed patent attorney, certified public accountant, certified tax
accountant, and customs broker in any manner including partnership, affiliation,
establishment of a comprehensively collaborative relationship, and joint acceptance
of cases, and accordingly share compensation or proceeds therefrom.
(3) No joint-venture law firm shall make any contract of association, establish a law
firm, hold shares with, and entrust operation to any attorney-at-law, law firm,
limited liability law firms, law firm partnership, certified judicial scrivener, joint firm
of certified judicial scriveners, patent attorney, patent firm, limited liability patent
firm, certified public accountant, accounting firm, certified tax accountant, tax firm,
customs brokers, and customs firm; or in any manner, shall he/she or it jointly
establish and operate, or have a partnership with certified judicial scrivener office,
joint firm of certified judicial scriveners, patent lawyer's office, patent firm, limited
liability patent firm, certified public accountant office, accounting firm, certified tax
accountant office, tax firm, customs broker office, and customs firm.
32
Article 35-27 (Reporting, etc.) (1) A joint-venture law firm shall report to the
Minister of Justice, on any change in the following matters:
1. Matters concerning Article 35-8;
2. Matters concerning Articles 35-11 through 35-13;
3. Matters concerning Article 35-16;
4. Other matters concerning authorization to establish a joint-venture law firm.
(2) The Minister of Justice may request a joint-venture law firm to submit
documents evidencing matters prescribed in paragraph (1).
(3) The Minister of Justice may request any administrative agency or other public or
private organization to submit documents necessary for the authorization for
establishment or the revocation thereof.
Article 35-28 (Liability for Damages) (1) If a person who represents a joint-venture
law firm (including an attorney-at-law in charge and a foreign legal consultant in
charge) causes any loss to a third person in the course of performing his/her duties,
the joint-venture law firm and the relevant representative shall be jointly and
severally liable to compensate such loss.
(2) In order to indemnify the liability to compensate loss related to the performance
of its services, operation, etc., a joint-venture law firm shall subscribe to an
insurance policy or a mutual aid fund as prescribed by Presidential Decree.
(3) A joint-venture law firm shall specify matters concerning the liability for the
compensation of damage referred to in paragraph (2), on case acceptance contracts
and advertisements as prescribed by Presidential Decree.
Article 35-29 (Revocation of Authorization) (1) The Minister of Justice may revoke
authorization to establish any of the following joint-venture law firms: Provided,
That in cases falling under subparagraph (2), the authorization for establishment
shall be revoked:
1. Where any important part of its written application for authorization for the
establishment or evidentiary documents thereof is omitted, or where there is a
33
substantial ground to believe any content thereof is false;

2. Where a joint-venture participant establishes at least two joint-venture law
firms, in violation of Article 35-7 (2);
3. Where it fails to replenish a joint-venture participant within three months, in
violation of Article 35-7 (3);
4. Where a joint-venture participant fails to satisfy the requirements prescribed in
Article 35-8;
5. Where it violates any statutes concerning the performance of its services.
(2) If the Minister of Justice intends to revoke authorization to establish a joint-
venture law firm under paragraph (1), he/she shall hold a hearing.
Article 35-30 (Dissolution) (1) A joint-venture law firm shall be dissolved, in any of
the following cases:
1. When a ground for dissolution prescribed in the articles of incorporation occurs;
2. When all partners consent to the dissolution;
3. When it becomes bankrupt;
4. When the authorization for establishment is revoked;
5. When it fails to have authorization renewed after the validity term of authorization
expires.
(2) When a law firm is dissolved, a liquidator shall promptly report to the Minister of
Justice through the local bar association at the seat of its principal office and the
Korean Bar Association.
Article 35-31 (Notice on Authorization, etc.)

When authorization for establishment, revocation thereof, or dissolution of a joint-
venture law firm, is made, the Minister of Justice shall promptly give notice to the
local bar association at the seat of its principal office and the Korean Bar
Association.
Article 35-32 (Provisions Applicable Mutatis Mutandis)
34
@Chapter VI shall apply mutatis mutandis to disciplinary action against a joint-

venture law firm.
Article 35-33 (Application Mutatis Mutandis of other Acts) (1) Articles 27, 28-2, 30,
and 32 through 37 of the Attorney-at-Law Act (excluding Article 34 (4) and (5) of
the same Act) shall apply mutatis mutandis to a joint-venture law firm. In such
cases, "attorney-at-law" shall be construed as "joint-venture law firm," and "local
bar association with which he/she is affiliated" as "the Korean Bar Association,"
respectively.
(2) Except as otherwise expressly prescribed in this Act, the provisions of the
Commercial Act concerning unlimited liability partnership companies shall apply
mutatis mutandis: Provided, That the same shall not apply to Articles 173, 230, 232
through 240, and 242 through 244 of the Commercial Act.
CHAPTER VI DISCIPLINARY ACTION
Article 36 (Category of Disciplinary Action)

The types of disciplinary action against foreign legal consultants are as follows:
1. Revocation of qualification approval;
2. De-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 Action) (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 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 given rise to grounds for disciplinary actions referred to in
paragraph (2) after having been subject to disciplinary actions taken to suspend
35
his/her practice not less 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 disciplinary action falling under subparagraphs 2 through 5 of
Article 36 shall be as follows:
1. Where a foreign legal consultant violates any of the provisions of 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 engages in conduct compromising his/her dignity
as a foreign legal consultant, regardless of whether such conduct 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 a Foreign Legal
Consultant Disciplinary Committee.
(2) Both the Ministry of Justice and the Korean Bar Association shall each establish
a Foreign Legal Consultant Disciplinary Committee.
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 instead
recommend an attorney-at-law qualified as a foreign-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.
36
(3) When the members referred to in paragraph (1) are recommended, the same
number of reserve members shall be recommended together therewith.
(4) No person for whom ten years have yet to elapse since he/she is qualified as an
attorney-at-law shall 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 resolutions with the 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) (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 other than the chairperson and vice chairperson, 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 an attorney-at-law who is qualified a
foreign-licensed lawyer, instead:
1. Two judges from among the judges recommended by the Minister of Court
Administration;
2. Two public prosecutors from among public prosecutors;
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;
37
5. One person, other than an attorney-at-law, who is either a professor of a law

school or a person with experience and a reputation for virtue.
(3) 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.
(5) The chairperson shall control the affairs of the Disciplinary Committee of the
Ministry of Justice, represent the committee, and convene and preside over
meetings.
(6) When the chairperson cannot perform his/her duties in extenuating
circumstances, the vice chairperson shall perform the duties on behalf of the
chairperson; when the vice chairperson is also unable to perform his/her duties, a
member pre-designated by the chairperson shall perform the duties on his/her
behalf.
(7) The decision made by the Disciplinary Committee of the Ministry of Justice shall
pass resolutions with the concurrent vote of a majority of the enrolled members.
(8) A member of the Disciplinary Committee of the Ministry of Justice who is not a
public official, shall be deemed a public official for the purposes of Articles 127 and
129 through 132 of the Criminal Act.<Newly Inserted by Act No. 13715, Jan. 6, 2016>
(9) Except as otherwise expressly prescribed in paragraphs (1) through (8),
matters necessary for the operation of the Disciplinary Committee of the Ministry of
Justice, and for the process for disciplinary action, shall be prescribed by Ordinance
of the Ministry of Justice.<Newly Inserted by Act No. 14056, Mar. 2, 2016>
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 actions 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 actions referred to in
Article 37 (1), and any case where an objection is raised against a disciplinary
decision made by the Disciplinary Committee of the Korean Bar Association.
Article 42 (Requests for the Commencement of Disciplinary Action) (1) When a foreign
legal consultant is deemed to fall under any ground for disciplinary actions in
38
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 no such
request shall be made after the lapse of three years from the date on which the
ground for such disciplinary action occurred.
(2) When a foreign legal consultant is deemed to fall under any ground for
disciplinary actions in accordance with Article 37, a client or his/her legal
representative, spouse, lineal relatives, and siblings may, with such ground stated,
request the president of the Korean Bar Association to commence disciplinary action
against the relevant foreign legal consultant.
(3) Where the chief prosecutor of the District Public Prosecutors' Office discovers
that a foreign legal consultant falls under any ground for disciplinary actions 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 relevant foreign legal consultant.
(4) Where the president of the Korean Bar Association does not make a request to
commence disciplinary action upon the application referred to in paragraphs (2) and
(3), he/she shall give a written notice to the applicant on the reason.
(5) Article 97-5 of the Attorney-at-Law Act shall apply mutatis mutandis to
objections raised by an applicant who makes a request to commence disciplinary
action.
Article 43 (Period for Making Disciplinary Actions, etc.) (1) The Disciplinary Committee
of the Korean Bar Association shall determine disciplinary action within six months
from the date it received a request to commence disciplinary action or it commenced
a process for disciplinary action in accordance with Article 97-5 (2) of the
Attorney-at-Law Act that applies mutatis mutandis in Article 42 (5). Provided, That
in extenuating circumstances, the Disciplinary Committee of the Korean Bar
Association may extend the period within six months through a resolution.
(2) Paragraph (1) shall also apply when the Disciplinary Committee of the Ministry
of Justice receives a request to commence disciplinary action falling under any
ground prescribed in Article 37 (1), or objections raised against a decision made by
39
the Disciplinary Committee of the Korean Bar Association.
Article 44 (Execution and Process of Disciplinary Action, etc.) (1) Disciplinary actions
prescribed in 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 on 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 mutatis mutandis to disciplinary
actions 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 actions commences in accordance with
Article 42 (1) against a foreign legal consultant, there is a high probability that the
result of a trial or disciplinary action decision will lead to the revocation of approval
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 relevant
foreign legal consultant: Provided, That the same shall not apply 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 relevant foreign legal consultant 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 mutatis
mutandis to the foreign legal consultant's suspension of practice. In such cases, in
relevant Articles of the Attorney-at-Law Act that apply mutatis mutandis,
"attorney-at-law" shall be construed as "foreign legal consultant."
40
CHAPTER VII PENAL PROVISIONS
Article 46 (Penal Provisions)

Any of the following persons shall be punished by imprisonment with prison labor for
not more than seven years or by a fine not exceeding 50 million won, or by both
concurrently:<Amended by Act No. 14056, Mar. 2, 2016>
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
offers or promises to give such money, articles or other forms of bribery or
benefits to any third party, in compensation for providing or mediating foreign legal
affairs: Provided, That a foreign-licensed lawyer who is not a foreign legal
consultant and performs the services under Article 24-2 (1) shall be excluded
therefrom;
2. Any person who violates Article 33 or 34 of the Attorney-at-Law Act that apply
mutatis mutandis pursuant to Article 35 or 35-33;
3. Any foreign legal consultant who receives or promises to receive money, articles,
other forms of bribery or other benefits or who offers 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., concerning the following cases: Provided, That this shall not apply
where a foreign legal consultant performs services pursuant to 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 statutes;
(e) Other general legal affairs.

not more than five years, or by a fine not exceeding 30 million won, or by both
41
concurrently:<Amended by Act No. 10629, May. 19, 2011; Act No. 14056, Mar. 2, 2016>
1. A foreign legal consultant who performs services beyond the scope of his/her
services, in violation of Article 25 (1);
2. A person who discloses any confidential information in violation of Article 30 and a
person who obtains and uses confidential information for any illegal gain, with
knowledge of such violation;
3. A person who employs an attorney-at-law, in violation of Article 34 (1);
4. A foreign legal consultant and an attorney-at-law who violates Article 34 (2) or
(3);
5. A foreign legal consultant who falls under any of the following categories:
(a) A person who serves documents issued for a court or an administrative agency
of a foreign country, and examines evidence;
(b) A person who represents services for the sole purpose of acquiring, losing, or
changing a right to real estate, intellectual property right, mining right, and other
rights which shall be constituted or serve as requirements for prevailing against upon
the registration with an administrative agency or prepares documents for such
purpose;
6. A foreign legal consultant or an attorney-at-law who violates Article 35-26 (2)
or (3).

not more than three years or by a fine not exceeding 20 million won, or by both
concurrently:<Amended by Act No. 14056, Mar. 2, 2016>
1. A person who obtains qualification approval or registers by falsely filing an
application to the Minister of Justice or the Korean Bar Association with respect to
qualification approval or registration of a foreign legal consultant;
2. A Korean attorney-at-law employed, in violation of Article 34 (1);
3. A person who employs any certified judicial scrivener, patent attorney, certified
public accountant, certified tax accountant, or customs broker, in violation of
Article 34 (1);
4. Any certified judicial scrivener, patent attorney, certified public accountant,
certified tax accountant, or customs broker who violates Article 34 (2) or (3);
42
5. A person who has acquired any right in dispute, in violation of Article 32 of the
Attorney-at-Law Act, as applies mutatis mutandis pursuant to Articles 35 and
35-33 (1);
6. A person, not a foreign legal consultant, who indicates or writes the title foreign
legal consultant or foreign legal consultant office, or who indicates or writes that
he/she provides foreign legal services for personal gain;
7. A person who obtains authorization to establish a joint-venture law firm in Article
35-3 (1) by filing a false application therefor with the Minister of Justice, by
submitting a false certificate or manipulating a document, etc.;
8. A person who uses a similar name, in violation of Article 35-6 (2);
9. A person who employs any certified judicial scrivener, patent attorney, certified
public accountant, certified tax accountant, or customs broker, in violation of
Article 35-26 (1);
10. A certified judicial scrivener, patent attorney, certified public accountant,
certified tax accountant, or customs broker, who violates Article 35-26 (2) or (3).

not more than a year or by a fine not exceeding 10 million won, or by both
concurrently: <Amended by Act No. 14056, Mar. 2, 2016>
1. A person advertises in violation of Article 23 (2) 1 of the Attorney-at-Law Act
that applies mutatis mutandis pursuant to Article 31 (3);
2. A certified judicial scrivener, patent attorney, certified public accountant, certified
tax accountant, or customs broker, employed in violation of Article 34 (1);
3. A person who violates Article 31 (1) 3 of the Attorney-at-Law Act as applies
mutatis mutandis pursuant to Article 35, or a person who violates subparagraph 3
of Article 35-25;
4. A certified judicial scrivener, patent attorney, certified public accountant, certified
tax accountant, or customs broker employed, in violation of Article 35-26 (1);
5. A person who introduces, refers, or entices a party to a case or other interested
persons in a case, to a specific attorney-at-law or office staff thereof, in violation
of Article 37 (1) of the Attorney-at-Law Act, which applies mutatis mutandis
pursuant to Article 35-33 (1).
43
Article 50 (Habitual Offenders)

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 exploited by any person who has committed
any offense referred to in Article 46 or by a third party aware of such illegal
handling, shall be confiscated. When confiscation is impossible, the value equivalent
to the market prices of such money, valuables, and other interests, shall be collected
in lieu thereof.
Article 53 (Fines for Negligence) (1) Any of the following persons shall be punished by
a fine for negligence not exceeding 30 million won: <Amended by Act No. 14056, Mar. 2,
2016>
1. A person who violates Article 15 (3);

2. The representative of a foreign legal consultant office who violates Article 21 or
23 (1);
3. A foreign legal consultant who violates Article 25 (2) and his/her employer;
4. A foreign legal consultant, the representative of a foreign legal consultant office,
or a joint-venture law firm, in violation of Article 27 (3) through (6);
5. A foreign legal consultant who violates Article 29;
6. A joint-venture law firm which violates Article 35-28 (2) or (3).
(2) Any of the following persons shall be punished by fines for negligence not
exceeding 10 million won:<Amended by Act No. 10542, Apr. 5, 2011; Act No. 14056, Mar. 2,
2016>
1. The representative of a foreign legal consultant office who violates Article 22, or
Article 22 (2) of the Attorney-at-Law Act, which applies mutatis mutandis under
Article 20 (2);
44
1-2. A person who resides in the Republic of Korea, in violation of Article 24-2 (2);
2. A foreign legal consultant, the representative of a foreign legal consultant office,
or a joint-venture law firm that fails to submit materials requested by the Minister
of Justice, or submits false documents, in violation of Articles 33;
3. The representative of a foreign legal consultant office who fails to report or makes
a false report, in violation of Article 34-5 (1);
4. A foreign legal consultant who acts in a request to prepare a deed in Article 2 of
the Notary Public Act;
5. A person who fails to report the number of cases accepted or attorney fees, in
violation of Article 28-2 of the Attorney-at-Law Act, which applies mutatis
mutandis pursuant to Article 35;
6. A joint-venture law firm which violates Article 22 (2) 1 of the Attorney-at-Law
Act, which applies mutatis mutandis pursuant to Article 35-14 (2), or Article 35-
24;
7. A person who fails to report dissolution, in violation of Article 35-30 (2);
8. A person or joint-venture law firm that fails to report the number of cases
accepted or attorney fees, in violation of Article 28-2 of the Attorney-at-Law
Act; which applies mutatis mutandis pursuant to Article 35-33 (1); or enters or
remains in the Republic of Korea for the purpose of soliciting legal cases in
violation of Article 35 of the same Act, or introduces, refers or entices a case in
violation of Article 36 of the same Act.
(3) Article 117 (4) through (7) of the Attorney-at-Law Act shall apply mutatis
mutandis to the imposition, collection, and objection thereagainst, etc., of fines for
negligence in accordance with paragraphs (1) and (2).<Amended by Act No. 14056, Mar.
2, 2016>
ADDENDA <No. 10542, 05. Apr, 2011>

Article 1 (Enforcement Date)
This Act shall enter into force on April 30, 2011.
Article 2 (Applicability to Application Charges for Qualification Approval)
The amended provisions of Article 3 (4) shall begin to apply from the first person
who applies for qualification approval after this Act enters into force.
45
Article 3 (Applicability to Application Charges for Establishment)

The amended provisions of Article 15 (4) shall be applied to the first person who
applies for establishment after this Act enters into force.
Article 4 (Applicability to Notification of Registration Purposes)
The amended provisions of Article 18 (6) shall be applied to the first person who
makes a registration after this Act enters into force.
ADDENDA <No. 10629, 19. May, 2011>

This Act shall enter into force two months after its promulgation. (Proviso Omitted)
Article 2 Omitted.
ADDENDA <No. 13715, 06. Jan, 2016>

This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Disqualifications of Incompetent Persons,
etc.)
Notwithstanding the amended provisions of subparagraph 6 of Article 5, persons
against whom a declaration of incompetency or quasi-incompetency remains in
effect under Article 2 of the Addenda to the partially amended Civil Act (Act No.
10429), as at the time the same amended provisions enter into force, shall be
governed by the former provisions.
ADDENDA <No. 13953, 03. Feb, 2016>

This Act shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 8 Omitted.
46
ADDENDA <No. 14056, 02. Mar, 2016>

This Act shall enter into force on July 1, 2016.
Article 2 Omitted.
47

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FOREIGN LEGAL CONSULTANT ACT

FOREIGN LEGAL CONSULTANT ACT

CHAPTER I GENERAL PROVISIONS

1. The term "attorney-at-law" means an attorney-at-law defined under the

CHAPTER II QUALIFICATION APPROVAL OF FOREIGN LEGAL CONSULTANTS

Article 3 (Application for Qualification Approval) (1) Every foreign-licensed lawyer

Article 4 (Prior Experience) (1) To be eligible to obtain qualification approval as a

Article 5 (Grounds for Disqualification)

1. A person, regardless of nationality, sentenced to imprisonment without prison

sentence was made definite;

CHAPTER III REGISTRATION OF FOREIGN LEGAL CONSULTANTS

Article 11 (Certificate of Registration, etc.) (1) If no grounds exist to deny registration

the certificate of registration.

Article 12 (Denial of Registration, etc.) (1) Where an applicant for registration

months of the date on which the notice is served.

CHAPTER IV FOREIGN LEGAL CONSULTANT OFFICES

Article 18 (Registration of foreign legal consultant offices) (1) Each representative of a

Article 19 (Revocation of Authorization for Establishment) (1) The Minister of Justice

<Amended by Act No. 10542, Apr. 5, 2011>

1. Where an important part of a written application for authorization for

(3) Where authorization to establish a foreign legal consultant office is revoked

(5) Article 17 shall apply mutatis mutandis to revocation of authorization for

Article 21 (Loss Compensation regarding Accepted Cases) (1) In order to indemnify

Article 22 (Preparation of Registers, etc.)

mutatis mutandis to matters not otherwise prescribed in this Act.

CHAPTER V RIGHTS AND OBLIGATIONS OF FOREIGN LEGAL CONSULTANTS

Article 24 (Scope of Practice)

1. Legal advice on the statutes of the home country of license;

Article 24-2 (Representation of International Arbitration Case by Foreign-Licensed

shall apply) of a joint-venture law firm;

Article 27 (Indication of Qualification, etc.) (1) When identifying himself/herself in

Article 30 (Obligation of Confidentiality)

Article 31 (Advertisements) (1) A foreign legal consultant, foreign legal consultant

Article 33 (Obligation of Submitting Evidence)

Article 34 (Prohibition of Employment, Partnership, Concurrent Positions, etc.) (1) No

Association (hereinafter referred to as "registration for joining handling of cases,

Article 34-3 (Registration for Joint Handling of Cases) (1) A representative of a

handling of cases, etc.

Article 34-5 (Report on Joint Handling of Cases) (1) A representative of a foreign

Article 35 (Application Mutatis Mutandis of the Attorney-at-Law Act)

CHAPTER V-II JOINT VENTURES LAW FIRMS

Article 35-4 (Matters to be Included in Articles of Incorporation)

5. Matters concerning the representative of the joint-venture law firm;

participants in the relevant joint venture;

4. It shall have been operated in satisfaction of the following requirements:

Article 35-10 (Secession of Joint Venture Participants) (1) Any joint-venture

1. Where it is dissolved under the Attorney-at-Law Act;

Article 35-12 (Affiliated Attorneys-at-Law and Affiliated Foreign Legal Consultants)

Article 35-13 (Representative)

[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]

Article 35-18 (Profit Sharing)

Article 35-19 (Scope of Services)

(2) In designating under paragraph (1), no foreign legal consultant shall be

Article 35-21 (Prohibition of Unreasonable Involvement)

Article 35-22 (Restrictions on Services of Partners, etc.) (1) An attorney-at-law or a

Article 35-23 (Performance of Separate Duties by Local Participants in Joint Venture)

Article 35-24 (Preparation and Keeping of Register)

Article 35-25 (Restriction on Acceptance of Case)

in which the client of the accepted case consents thereto:

Article 35-26 (Prohibition of Employment, Partnership, Concurrent Positions, etc.) (1)

[This Article Newly Inserted by Act No. 14056, Mar. 2, 2016]

substantial ground to believe any content thereof is false;