Advanced Search

Certified Public Labor Attorney Act


Published: 2010-06-04

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
law view
 Article 1 (Purpose)   print
The purpose of this Act is to improve the welfare of workers and to contribute to the sound development of enterprises through striving for a smooth operation of labor-related matters and for autonomous labor management in business or workplaces, by establishing a certified public labor attorney system.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 2 (Scope of Duties)   print
(1) Any certified public labor attorney shall perform duties concerning the following affairs:
1. Representation or agency of notification, application, report, statement, claim (including filing an objection, inspection claim and adjudication claim) and remedy of rights, etc. made to the authorities under labor-related Acts and subordinate statutes;
2. Writing and confirming all the documents under labor-related Acts and subordinate statutes;
3. Consultation and guidance regarding labor-related Acts and subordinate statutes and labor management;
4. Labor management diagnosis on the business or workplace to which the Labor Standards Act is applicable;
5. Private mediation or arbitration under Article 52 of the Trade Union and Labor Relations Adjustment Act.
(2) "Labor management diagnosis" in paragraph (1) 4 means a series of acts to analyze and diagnose the matters concerning personnel affairs, labor management, labor-management relations, etc. of business or workplace and provide reasonable reform measures to the business or workplace, at the request of one or both of labor and management parties.
(3) The scope of labor-related Acts and subordinate statutes under paragraph (1) 1 through 3 and matters necessary for the implementation of labor management diagnosis under paragraph (1) 4 shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 3 (Qualification)   print
Any person who has passed the qualification examination for certified public labor attorneys under Article 3-2 shall be qualified for a certified public labor attorney.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 3-2 (Qualification Examination for Certified Public Labor Attorneys)   print
(1) The qualification examination for certified public labor attorneys shall be administered by the Minister of Employment and Labor, and shall be conducted with the distinction of the first, second, and third examinations. <Amended by Act No. 10339, Jun. 4, 2010>
(2) No person falling under the grounds for disqualification referred to in Article 4 on the basis of the date on which final successors in the qualification examination for certified public labor attorneys are announced shall apply for the qualification examination for certified public labor attorneys. <Newly Inserted by Act No. 10321, May 25, 2010>
(3) The Minister of Employment and Labor shall cancel his/her determination of final success in the qualification examination for certified public labor attorneys of those who have applied for the qualification examination for certified public labor attorneys even though they are disqualified to apply for the qualification examination for certified public labor attorneys pursuant to paragraph (2). <Newly Inserted by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(4) Matters necessary for the applicants, subjects, and methods of examinations referred to in paragraph (1), delivery of qualification certificate, and others shall be prescribed by Presidential Decree. <Amended by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 3-3 (Exemption from Part of Examination)   print
(1) Any person who falls under any of the following subparagraphs shall be exempted from the whole subjects of the first examination of the qualification examination for certified public labor attorneys, and from such part of subjects of the second examination thereof as prescribed by Presidential Decree within the scope of 1/2 of the subjects of the second examination:
1. Any person who has served as a public official of Grade V or higher or a public official in general service belonging to the Senior Civil Service for not less than five years from among those who have careers in the field of labor administration for ten years or more;
2. Any person who has served as a public official of Grade VI or higher or a public official in general service belonging to the Senior Civil Service for not less than eight years from among those who have careers in the field of labor administration for 15 years or more.
(2) Any person who has careers in the field of such labor-related affairs prescribed by Presidential Decree for ten years or more shall be exempted from such part of the subjects of the first examination as prescribed by Presidential Decree.
(3) The scope of public officials having careers in the field of labor administration under any subparagraph of paragraph (1) shall be prescribed by Presidential Decree.
(4) Any person who has passed the first examination shall be exempted from the next first examination only once, and any person who has passed the second examination from the next first and second examinations only once.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 3-4 (Certified Public Labor Attorney Qualification Deliberative Committee)   print
(1) A Certified Public Labor Attorney Qualification Deliberative Committee may be established in the Ministry of Employment and Labor to deliberate on the following matters concerning the acquisition of a certified public labor attorney's qualification: <Amended by Act No. 10339, Jun. 4, 2010>
1. Matters concerning the qualification examination for certified public labor attorneys, such as the adjustment of subjects;
2. Matters concerning requirements for partial exemption from examinations;
3. Other matters concerning the acquisition of a certified public labor attorney's qualification;
4. Determination of the number of those who pass the examination.
(2) Necessary matters concerning the composition, operation, etc. of the Certified Public Labor Attorney Qualification Deliberative Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 3-5 (Measures on those who are Cheating in Examination)   print
The Minister of Employment and Labor shall suspend or nullify the examination with respect to the applicants who have cheated in the qualification examinations for certified public labor attorneys or cancel the determination of passing the examination and suspend the qualifications for taking the examination for five years from the date when the examination is suspended or nullified or the determination of passing the examination is cancelled. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 8615, Aug. 3, 2007]
law view
 Article 4 (Disqualifications)   print
No person who falls under any of the following subparagraphs shall become a certified public labor attorney:
1. A minor;
2. A person of incompetency or quasi-incompetency;
3. A person who was sentenced to bankruptcy and has not been reinstated;
4. A person who was a discharged public official due to disciplinary measures and for whom three years have not elapsed since the date of discharge;
5. A person who was sentenced to imprisonment without prison labor or heavier punishment, and for whom three years have not elapsed after the termination of, or exemption from, its execution;
6. A person who was consigned to a suspended sentence and for whom two years have not elapsed since the grace period expired;
7. A person who is in the period of grace of the deferred sentence of imprisonment without prison labor or heavier punishment.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 5 (Registration)   print
(1) When a person licensed as a certified public labor attorney intends to start to conduct the duties referred to in Article 2, he/she shall apply for registration with the Minister of Employment and Labor as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(2) When a person applying for registration pursuant to paragraph (1) is one of the following persons, the Minister of Employment and Labor shall reject such registration: <Amended by Act No. 10339, Jun. 4, 2010>
1. A person falling under the grounds for disqualification referred to in Article 4;
2. A person who fails to receive training and education referred to in Article 5-2 (1);
3. A person for whom three years have not passed since his/her registration was cancelled pursuant to Article 19 (1) 1;
4. A person for whom three years have not passed since his/her registration was cancelled pursuant to Article 20.
(3) When the Minister of Employment and Labor rejects registration pursuant to paragraph (2), he/she shall notify the applicant thereof, expressly clarifying the grounds therefor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 10321, May 25, 2010]
law view
 Article 5-2 (Education of Certified Public Labor Attorneys)   print
(1) In order for persons licensed as a certified public labor attorney (excluding those falling under the subparagraphs of paragraph (1), and paragraph (2) of Article 3-3) to start to conduct duties, they shall receive training and education for a period prescribed by Presidential Decree within the scope of one year, before applying for registration referred to in Article 5.
(2) Any certified public labor attorney who has completed registration pursuant to Article 5 (1) (hereinafter referred to as "practicing labor attorney") shall receive refresher training programmed to include contents to enhance expertise and ethics of practicing labor attorneys (hereinafter referred to as "refresher training) for the number of hours prescribed by Presidential Decree within the scope of eight hours per year: Provided, That the same shall not apply to the following cases:
1. When a certified public labor attorney is unable to normally conduct the duties of certified public labor attorneys due to disease, etc.;
2. When a certified public labor attorney has a justifiable ground not to receive refresher training, such as suspension of business;
3. When it is not appropriate for a certified public labor attorney to take refresher training due to old age, which is determined by the Certified Public Labor Attorneys Association referred to in Article 24.
(3) The Minister of Employment and Labor may designate institutions and groups satisfying standards prescribed by Presidential Decree for facilities, manpower, educational records, etc. as an institution providing refresher training (hereinafter referred to as "designated educational institution"). <Amended by Act No. 10339, Jun. 4, 2010>
(4) When a designated educational institution falls under any of the following, the Minister of Employment and Labor may cancel the relevant designation: Provided, That he/she must cancel the relevant registration in cases of subparagraph 1: <Amended by Act No. 10339, Jun. 4, 2010>
1. When a designated educational institution is found to have obtained designation by false or other unjust means;
2. When a designated educational institution handles persons with incompletion of refresher training as if they completes refresher training;
3. When a designated educational institution fails to satisfy the standards referred to in paragraph (3).
(5) The contents of education referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree, and methods of and procedures for education and other matters necessary therefor shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 10321, May 25, 2010]
law view
 Article 6 (Restriction on Establishment of Offices)   print
Each practicing labor attorney shall establish and operate only one office.
[This Article Wholly Amended by Act No. 10321, May 25, 2010]
law view
 Article 7 (Joint Offices)   print
(1) Practicing labor attorneys may install a joint office comprised of not less than two practicing labor attorneys in order to handle the affairs effectively and to increase public trust.
(2) Installation and operation of a joint office and other necessary matters shall be prescribed by Presidential Decree.
(3) To matters concerning joint offices, which are not provided for in this Act, the provisions related to partnership in the Civil Act shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 7-2 (Labor Law Firms)   print
Any practicing labor attorney may establish a labor law firm in order to perform business in a systematical and specialized manner.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 7-3 (Members, etc. of Labor Law Firms)   print
(1) The members of a labor law firm shall be comprised of not less than two practicing labor attorneys.
(2) No person who is under the suspension of duty pursuant to Article 20 shall be a member of a labor law firm. <Amended by Act No. 10321, May 25, 2010>
(3) Each labor law firm may employ certified public labor attorneys who are not members (hereinafter referred to as "associate certified public labor attorney"). <Newly Inserted by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 7-4 (Procedures, etc. for Incorporation of Labor Law Firms)   print
(1) When incorporating a labor law firm, the certified public labor attorney who will be a member shall prepare its articles of incorporation, and obtain authorization thereof from the Minister of Employment and Labor, as prescribed by Presidential Decree. The same shall also apply to the modifications of the articles of incorporation. <Amended by Act No. 10339, Jun. 4, 2010>
(2) In the articles of incorporation, the following matters shall be indicated: <Amended by Act No. 10321, May 25, 2010>
1. Purpose;
2. Name;
3. Location of the principal office and branch offices;
4. Names and addresses of members;
5. Matters concerning the contribution from members;
6. The period or grounds, if the period of existence or ground for dissolution is determined;
7. Other matters prescribed by Presidential Decree.
(3) Each labor law firm shall be registered, as prescribed by Presidential Decree.
(4) Each labor law firm shall be formed by registration of incorporation in its main office.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 7-5 (Dissolution of Labor Law Firms)   print
(1) A labor law firm shall be dissolved due to any of the following grounds:
1. Occurrence of grounds for dissolution determined by the articles of incorporation;
2. Resolution by a general meeting of members;
3. A merger;
4. Bankruptcy;
5. Cancellation of authorization of incorporation.
(2) If a labor law firm is dissolved, the liquidator shall, without delay, report the ground for such dissolution to the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 7-6 (Cancellation of Authorization for Establishment, etc. of Labor Law Firms)   print
When a labor law firm falls under any of the following, the Minister of Employment and Labor may cancel the relevant authorization for the establishment thereof or order the suspension of business for a period fixed not to exceed one year: Provided, That he/she shall cancel the relevant authorization in cases under subparagraphs 1 through 3: <Amended by Act No. 10339, Jun. 4, 2010>
1. When a labor law firm fails to supplement members within three months from the date on which it comes to fall short of the number of members referred to in Article 7-3 (1);
2. When a labor law firm conducts business in violation of an order for suspension of business;
3. When a labor law firm is found to have obtained authorization referred to in Article 7-4 by false or other unjust means;
4. When a labor law firm establishes and operates an office in violation of Article 7-7 (3);
5. When a labor law firm employs assistants in violation of Article 11 (4) which applies mutatis mutandis pursuant to Article 7-10 (2);
6. When a member or an associate certified public labor attorney of a labor law firm violates Article 13;
7. When a labor law firm derives interests by making practicing labor attorneys or former practicing labor attorneys (including assistants or former assistants to practicing labor attorneys or former practicing labor attorneys) divulge the facts they knew in the course of conducting duties, without justifiable grounds;
8. When a labor law firm fails to follow orders for submitting reports, data, etc., under Article 18 (1) or refuses, interferes with or evades inspections or questions.
[This Article Wholly Amended by Act No. 10321, May 25, 2010]
law view
 Article 7-7 (Offices of Labor Law Firms)   print
(1) Each labor law firm may have branch offices in addition to its principal office. In such cases, it shall indicate, in such branch offices, the fact that they are its branch offices.
(2) No member nor associate certified public labor attorney of any labor law firm shall establish separate offices other than that of the labor law firm.
(3) One or more full-time member who is a certified public labor attorney shall be placed in the principal office and each branch office of a labor law firm.
[This Article Newly Inserted by Act No. 10321, May 25, 2010]
law view
 Article 7-8 (Methods of Conduct of Business of Labor Law Firms)   print
(1) Each labor law firm shall conduct business in its name and designate certified public labor attorneys to each case accepted, who are to take charge of such case (hereinafter referred to as "certified public labor attorney in charge"): Provided, That when a labor law firm designates an associate certificated public labor attorney as a certified public labor attorney in charge, it shall do so by designating any member of the labor law firm to join him/her.
(2) When a labor law firm conducts business without designating a certified public labor attorney in charge, all members of the labor law firm shall be deemed designated as a certified public labor attorney in charge.
(3) Each certified public labor attorney in charge shall represent the relevant labor law firm when conducting his/her business designated.
(4) Each labor law firm shall mark its name on every document it prepares in connection with its business, and each certified public labor attorney in charge shall put his/her name and seal thereto or write his/her autograph thereon.
[This Article Newly Inserted by Act No. 10321, May 25, 2010]
law view
 Article 7-9 (Prohibition on Concurrent Holding of Office)   print
(1) Every member or associate certified public labor attorney of any labor law firm shall neither conduct business falling into the scope of business of the relevant labor law firm for the sake of himself/herself or third person nor become a member or associate certified public labor attorney of another labor law firm.
(2) Any person who was a member or an associate certified public labor attorney of a labor law firm shall not conduct the business of certified public labor attorneys after resignation, which he/she was conducting or accepted to conduct as a certified public labor attorney in charge of the relevant labor law firm when he/she was belonging to the relevant labor law firm: Provided, That the same shall not apply to cases where he/she obtains the consent of the relevant labor law firm thereto.
[This Article Newly Inserted by Act No. 10321, May 25, 2010]
law view
 Article 7-10 (Provisions Applicable Mutatis Mutantis)   print
(1) The provisions relevant to general partnerships under the Commercial Act shall apply mutatis mutandis to the matters not prescribed in this Act regarding labor law firms.
(2) Articles 11, 12, 12-3, 12-4, 13, 14, 17, 20-3 and 26-2 shall apply mutatis mutandis to labor law firms insofar as the provisions are not inconsistent with the nature of labor law firms. <Amended by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 8 (Names, etc. of Offices)   print
(1) and (2) Deleted. <by Act No. 5887, Feb. 8, 1999>
(3) A person who is not a certified public labor attorney under this Act shall not use the names of certified public labor attorneys, an office of a certified public labor attorney, joint office of certified public labor attorneys, labor law firm, or any other similar thereto. <Amended by Act No. 8615, Aug. 3, 2007>
(4) A person who is not a joint office of certified public labor attorneys, or a labor law firm under this Act, shall not use the names of joint office of certified public labor attorneys, labor juridical person, or any other similar thereto. <Amended by Act No. 8615, Aug. 3, 2007>
law view
 Article 9 (Discontinuation of Business)   print
If a practicing labor attorney intends to discontinue the business, he/she shall report to the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 10 Deleted.<by Act No. 5815, Feb. 5, 1999>   print
law view
 Article 11 (Business Assistant)   print
(1) Any practicing labor attorney may have assistants who will assist business.
(2) The actions of a business assistant in connection with his/her duties shall be deemed the actions of the practicing labor attorney who hired him/her.
(3) No person who falls under any subparagraph of Article 4 may become a business assistant: Provided, That this shall not apply to a person who was sentenced to bankruptcy and has not been reinstated under subparagraph 3 of the same Article. <Amended by Act No. 8780, Dec. 21, 2007>
(4) No practicing labor attorney may have a person who falls under paragraph (3) as a business assistant. <Newly Inserted by Act No. 8780, Dec. 21, 2007>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 12 (Maintenance of Dignity, Duty of Good Faith, etc.)   print
(1) Each practicing labor attorney shall always maintain dignity, and perform his/her duties fairly with trust and good faith. Where he/she cannot perform his/her duties fairly, he/she shall not perform duties provided for in Article 2.
(2) Each practicing labor attorney shall sign and affix his/her name and seal thereon or sign the documents he/she prepared or confirmed under Article 2 (1).
(3) Deleted. <by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 12-2 Deleted.<by Act No. 5887, Feb. 8, 1999>   print
law view
 Article 12-3 (Application for Inspection of Related Books, etc.)   print
Any practicing labor attorney may, when required to perform the duties as prescribed in Article 2, request for inspection of related books and documents of the related institution or of the related person. In such cases, if the application is to perform the duties under Article 2 (1) 1 or 2, no related institution which received the application concerned may reject it without justifiable grounds.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 12-4 (Guarantee on Liability of Compensation for Damages)   print
Each practicing labor attorney, in order to guarantee the liability of compensation for the damages caused to clients, intentionally or by negligence, during the performance of business, shall purchase the guaranteed insurance, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 13 (Prohibited Acts)   print
No practicing labor attorney nor his/her business assistant shall perform the following acts:
1. The act, through falsehood or fraudulent method, to have the client gain monetary interest, such as insurance money, or have the client not make insurance payments and other monetary obligations under labor-related Acts and subordinate statutes;
2. The act to have the client not perform the notification and report, and other obligations under labor-related Acts and subordinate statutes;
3. Guiding/counselling and other similar acts for acts violating Acts and subordinate statutes;
4. The acts using a professional broker or soliciting for a case by unjust methods.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 14 (Strict Observance of Confidential Information)   print
No person who is or was a practicing labor attorney (including a person who is or was a business assistant of a person who is or was a practicing labor attorney) shall disclose the facts learned in relation to his/her business to other persons without justifiable grounds.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Articles 15 and 16 Deleted.<by Act No. 5887, Feb. 8, 1999>   print
law view
 Article 17 (Keeping, etc. of Books)   print
(1) Each practicing labor attorney shall furnish his/her office with books prepared in connection with his/her business and keep such books for three years. In such cases, such books may be prepared, managed and kept as electronic documents provided for in subparagraph 1 of Article 2 of the Framework Act on Electronic Transaction. <Amended by Act No. 10321, May 25, 2010>
(2) The types and forms of displaying books and records and other necessary matters under paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 18 (Order, etc. of Supervision)   print
(1) If it is necessary to confirm whether or not a practicing labor attorney or a labor law firm violates this Act or an order issued under this Act, the Minister of Employment and Labor may issue an order to report matters concerning business or to submit data or any necessary order and may have the affiliated public official access a business office to inspect books and other documents, or ask any questions. <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(2) When the Minister of Employment and Labor enters a place or conducts an inspection pursuant to paragraph (1), he/she shall notify the relevant practicing labor attorneys or labor law firms of necessary matters, such as date and time, details, etc. seven days prior to such entry or inspection: Provided, That the same shall not apply to cases where urgency is required or it is deemed that advance notice may hinder the attainment of objectives of such entry or inspection. <Newly Inserted by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(3) Each public official who visit or conduct an inspection under paragraph (1) shall carry with him/herself certification indicating his/her authority, and show it to the person concerned. <Amended by Act No. 10321, May 25, 2010>
(4) The Minister of Employment and Labor may have the Certified Public Labor Attorneys Association under Article 24 perform the inspection of business under paragraph (1). In such cases, the Certified Public Labor Attorneys Association shall report the result thereof to the Minister of Employment and Labor. <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 19 (Cancellation, etc. of Registration)   print
(1) The Minister of Employment and Labor shall cancel registration if a practicing labor attorney falls under any of the following: <Amended by Act No. 10339, Jun. 4, 2010>
1. Where he/she falls under the disqualifications under Article 4;
2. Where he/she makes a report on the discontinuation of business under Article 9;
3. Deleted; <by Act No. 10321, May 25, 2010>
4. Where he/she is deceased.
(2) When the Minister of Employment and Labor cancels registration pursuant to paragraph (1), he/she shall notify the person whose registration is cancelled thereof without delay, expressly clarifying the grounds therefor. <Newly Inserted by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(3) Any person whose registration was cancelled under paragraph (1) shall return the registration certificate. <Amended by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 20 (Disciplinary Action)   print
(1) When a practicing labor attorney falls under any of the following, the Minister of Employment and Labor shall take a disciplinary action resolved by the Certified Public Labor Attorney Disciplinary Committee: <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
1. When a practicing labor attorney establishes and operates two or more offices in violation of Article 6;
2. When a practicing labor attorney becomes a member of a labor law firm in violation of Article 7-3 (2);
3. When a practicing labor attorney violates Article 7-2 which prohibits concurrent holding of office;
4. When a practicing labor attorney employs assistants in violation of Article 11 (4);
5. When a practicing labor attorney violates Article 12 which pertains to maintaining of dignity, duty of good faith, etc.;
6. When a practicing labor attorney conducts prohibited acts falling under the subparagraphs of Article 13;
7. When a practicing labor attorney violates the obligation not to divulge confidential information under Article 14;
8. When a practicing labor attorney fails to follow an order for submitting reports, data, etc., or refuses, interferes with or evades inspections or questions, as prescribed in Article 18 (1);
9. When a practicing labor attorney violates Article 20-3 which pertains to prohibition on lending certificates of qualification, etc.;
10. When a practicing labor attorney borrows another person's certificate of qualification to establish and operate a labor law firm or a joint office;
11. When a practicing labor attorney in the conduct of duties referred to in Article 2 makes clients illicitly gain wealth, such as insurance money paid pursuant to labor-related Acts and subordinate statutes or dissuade clients from paying premiums or performing other financial liabilities, by intention or by gross negligence;
12. When a practicing labor attorney conducts duties in violation of a disposition of suspension of duties referred to in paragraph (3) 2.
(2) Where a practicing labor attorney commits a violation under each subparagraph of paragraph (1) and makes a report on the discontinuation of business, he/she shall be subject to the disciplinary action under paragraph (3) through a resolution by the Certified Public Labor Attorney Disciplinary Committee. <Amended by Act No. 10321, May 25, 2010>
(3) The types of disciplinary action against a practicing labor attorney and any other certified public labor attorney who makes a report on the discontinuation of business under paragraph (2) (hereinafter referred to as "practicing labor attorney, etc."; hereafter the same shall apply in this Article) shall be as follows: <Amended by Act No. 10321, May 25, 2010>
1. Cancellation of registration;
2. Suspension of duties for not more than three years;
3. Imposition of fine for negligence not exceeding ten million won;
4. Reprimand.
(4) If it is deemed that a practicing labor attorney, etc. falls under any ground for disciplinary action provided for in any subparagraph of paragraph (1), the Certified Public Labor Attorneys Association under Article 24 shall request the Minister of Employment and Labor to make a resolution on disciplinary action against the practicing labor attorney, etc. <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(5) Each resolution on disciplinary action referred to in paragraph (1) or (2) shall be made upon request of the Minister of Employment and Labor, and the right to request a resolution on disciplinary action shall be nullified three years after the date on which causes falling under any of the subparagraphs of paragraph (1) occur. <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(6) When a practicing labor attorney, etc. fails to pay a fine for negligence referred to in paragraph (3) 3 by the deadline for payment, the Minister of Employment and Labor may collect it in the same manner as delinquent national taxes are collected. <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
(7) Giving notice of resolutions on disciplinary action and other matters necessary therefor shall be prescribed by Presidential Decree. <Amended by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 20-2 (Certified Public Labor Attorney Disciplinary Committee)   print
(1) In order to deliberate on and resolve disciplinary action against certified public labor attorneys, a Certified Public Labor Attorney Disciplinary Committee shall be established in the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The organization and operation of the Certified Public Labor Attorney Disciplinary Committee and other matters necessary therefor shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10321, May 25, 2010]
law view
 Article 20-3 (Prohibition of Lending Qualification)   print
No certified public labor attorney shall have any other person carry out the affairs of certified public labor attorneys by using his/her name or the name of his/her office, nor shall lend the qualification certificate or the registration certificate.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 21 Deleted.<by Act No. 5477, Dec. 24, 1997>   print
law view
 Article 22 (Hearings)   print
If the Minister of Employment and Labor intends to take any of the following actions, he/she shall hold a hearing: <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
1. Cancellation of authorization for incorporation, etc. referred to in Article 7-6;
2. Resolution by the Certified Public Labor Attorney Disciplinary Committee under Article 20 (1) and (2).
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 23 Deleted.<by Act No. 5887, Feb. 8, 1999>   print
law view
 Article 24 (Incorporation, etc. of Certified Public Labor Attorneys Association)   print
(1) A Korea Certified Public Labor Attorneys Association (hereinafter referred to as the "Certified Public Labor Attorneys Association") shall be established in order to promote the quality and maintenance of dignity of certified public labor attorneys, and to improve the certified public labor attorney system and the effective performance of affairs.
(2) A person who intends to establish the Certified Public Labor Attorneys Association pursuant to paragraph (1) shall enact the regulations of the Association and obtain the approval thereof from the Minister of Employment and Labor. The same shall apply where he/she intends to modify the matters approved. <Amended by Act No. 10339, Jun. 4, 2010>
(3) The major provisions to be prescribed in the Association regulations under paragraph (2) shall be prescribed by Presidential Decree.
(4) The Certified Public Labor Attorneys Association shall be a juristic person.
(5) With respect to the matters on the Certified Public Labor Attorneys Association that are not prescribed by this Act, the provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 24-2 (Joining Certified Public Labor Attorneys Association and Activities for Public Interests)   print
(1) Every practicing labor attorney shall join the Certified Public Labor Attorneys Association.
(2) The Certified Public Labor Attorneys Association shall actively participate in the activities for public interest, such as supporting the socially disadvantaged.
[This Article Newly Inserted by Act No. 8615, Aug. 3, 2007]
law view
 Article 25 (Guidance, Supervision, etc.)   print
(1) If necessary to supervise the Certified Public Labor Attorneys Association, the Minister of Employment and Labor may order the Certified Public labor Attorneys Association to report the matters regarding the business or to submit materials, or issue other necessary orders and may have the affiliated public official inspect or ask questions about books and documents by accessing the office. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Article 18 (3) shall apply mutatis mutandis to public officials under paragraph (1). <Amended by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 26 (Business Entrustment)   print
(1) The Minister of Employment and Labor may entrust the following affairs to the Certified Public Labor Attorneys Association: <Amended by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
1. Training and education of certified public labor attorneys;
2. Guidance and training affairs of the workers and employers in relation to the rationalization of labor management;
2-2. Affairs concerning registration and closure of business of certified public labor attorneys;
3. Other affairs designated and recognized by the Minister of Employment and Labor as necessary to enforce this Act.
(2) The Minister of Employment and Labor may entrust affairs on management of the qualification examination for certified public labor attorneys under Article 3-2 (1) to the Human Resources Development Service of Korea under the Human Resources Development Service of Korea Act. <Amended by Act No. 10339, Jun. 4, 2010>
(3) If the Minister of Employment and Labor entrusts affairs to the Certified Public Labor Attorneys Association or the Human Resources Development Service of Korea under paragraph (1) or (2), he/she may subsidize the necessary expenses within budgetary limits. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 26-2 (Support, etc. of Socially Disadvantaged)   print
(1) The State or public agencies may have certified public labor attorneys support the socially disadvantaged with respect to the cases related to labor-related Acts and subordinate statutes.
(2) Where the State or public agencies intend to have certified public labor attorneys support the socially disadvantaged under paragraph (1), matters concerning the method of and procedure for the support, the scope of the socially disadvantaged, remuneration of certified public labor attorneys, etc. shall be governed as prescribed by other Acts.
(3) When a certified public labor attorney supports the socially disadvantaged pursuant to paragraph (1), the Minister of Employment and Labor may recognize such certified public labor attorney to complete a specific time of refresher training as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 10321, May 25, 2010; Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 27 (Restriction of Affairs)   print
No person who is not a certified public labor attorney shall perform the affairs under Article 2 (1) 1, 2 or 4 as a profession: Provided, That this shall not apply to persons for whom other Acts and subordinate statutes prescribe otherwise.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 27-2 (Re-Examination of Regulations)   print
The Minister of Employment and Labor shall examine the appropriateness of standards for exemption from part of examination referred to in Article 3-3 and of the liability guarantee insurance system referred to in Article 12-4 every five years from the 31st day of December of 2010 and take measures against the results thereof, such as abolition, mitigation and maintaining. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 10321, May 25, 2010]
law view
 Article 28 (Penal Provisions)   print
(1) Any of the following persons shall be punished by imprisonment for not more than three years, or by a fine not exceeding ten million won: <Amended by Act No. 10321, May 25, 2010>
1. A person who violates the obligation of strict observation of confidential information under Article 14;
2. A person who violates the restriction of affairs under Article 27.
(2) Any of the following persons shall be punished by imprisonment for not more than one year, or by a fine not exceeding four million won: <Amended by Act No. 10321, May 25, 2010>
1. A person who conducts the business of certified public labor attorneys without being registered as a certified public labor attorney pursuant to Article 5 (1)
2. A person who conducts prohibited acts falling under subparagraph 1, 2 or 4 of Article 13;
3. A person who violates Article 20-3 pertaining to prohibiton on the lending of certificates of qualification, etc. and the counterpart thereof;
4. A person who violates Article 8 (3) and (4) pertaining to prohibition on the use of similar names.
(3) Deleted. <by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 29 (Joint Penal Provisions)   print
If a practicing labor attorney or an associate certified public labor attorney who is a member of a labor law firm or a business assistant of a practicing labor attorney has committed a violation as prescribed in Article 28 with respect to the affairs of such labor law firm or practicing labor attorney, not only shall the violator be punished, but the labor law firm or practicing labor attorney also shall be fined in accordance with the relevant provisions: Provided, That this shall not apply where the labor law firm or practicing labor attorney has not neglected to pay due attention to and supervise the relevant affairs in order to prevent such violation. <Amended by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 9255, Dec. 26, 2008]
law view
 Article 30 (Fines for Negligence)   print
(1) Any of the following persons shall be punished by a fine for negligence not exceeding two million won: <Amended by Act No. 10321, May 25, 2010>
1. A person who fails to receive refresher training referred to in Article 5-2 (2);
2. A person who violates the obligation to report the discontinuation of business under Article 9;
2-2. A person who fails to purchase guarantee insurance referred to in Article 12-4 (including cases to which Article 12-4 applies mutatis mutandis according to Article 7-10 (2));
3. A person who violates the obligation to prepare, manage and keep the books and records related to the business under Article 17 (1) (including cases to which Article 17 (1) applies mutatis mutandis according to Article 7-10 (2));
4. Deleted. <by Act No. 10321, May 25, 2010>
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(3) through (5) Deleted. <by Act No. 10321, May 25, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
law view
 Article 31 (Delegation of Authority)   print
Thee authority of the Minister of Employment and Labor under this Act may be partially delegated to the heads of local government offices of employment and labor, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]
ADDENDUM
This Act entered into force on July 1, 1985.
ADDENDA<Act No. 4234, Apr. 7, 1990>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Practical Training) Practical training under the amended provisions of Article 5 (1) shall not be applied to any person who completed required practical training, determined by Ordinance of the Ministry of Labor, before this Act enters into force.
(3) (Transitional Measures concerning Registration) Any certified public labor attorney, with permission to begin business under the previous provisions at the time this Act enters into force, shall be deemed to have registered for the opening of business.
ADDENDA<Act No. 5018, Dec. 6, 1995>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3 (1) 2 and 21 (1) 2 shall enter into force six months after its promulgation, and the amended provisions of Articles 12-4 and 19 (1) 6-2 shall enter into force on January 1, 1997.
(2) (Transitional Measures concerning Qualification) A person who has acquisited the qualification of certified public labor attorney under the previous provisions of Article 3 (1) 2 at the time this Act enters into force, shall be deemed a certified public labor attorney under this Act notwithstanding the amended provisions of the same subparagraph.
(3) (Transitional Measures concerning Penal Provisions) The application of the penal provisions to the acts done before this Act enters into force shall follow the previous provisions.
ADDENDA<Act No. 5815, Feb. 5, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
(2) (Transitional Measures concerning Penal Provisions) In applying the penal provisions to acts committed before this Act enters into force, the previous provisions shall apply.
ADDENDA<Act No. 5887, Feb. 8, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Fine for Negligence) In applying the provisions on fines for negligence to acts committed before this Act enters into force, the previous provisions shall apply.
ADDENDA<Act No. 6333, Dec. 30, 2000>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2001.
(2) (Applicability to Disciplinary Action against Certified Public Labor Attorneys) The amended provisions of Article 20 (5) shall apply starting with persons against whom the grounds for disciplinary action occur after this Act enters into force.
(3) (Transitional Measures concerning Qualification of Certified Public Labor Attorneys) With respect to any person who has been engaged in the field of labor administration before December 31, 2000, the previous provisions shall apply, notwithstanding the amended provisions of Article 3 (1) 2. <Amended by Act No. 7046, Dec. 31, 2003>
ADDENDUM<Act No. 7046, Dec. 31, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 8473, May 17, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 8615, Aug. 3, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 26 (1) 1 and 26-2 shall enter into force on November 18, 2007, the amended provisions of Articles 3-4 (1) 4 and 3-5 shall enter into force on January 1, 2008 and the amended provisions of Articles 24 (1) and 24-2 shall enter into force six months after the date of its promulgation.
(2) (Applicability) The amended provisions of Articles 3-4 (1) 4 and 3-5 shall apply to the first qualification examination for certified public labor attorneys to be conducted after January 1, 2008.
ADDENDUM<Act No. 8780, Dec. 21, 2007>
This Act shall enter into force on January 1, 2008.
ADDENDUM<Act No. 9255, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10321, May 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation: Provided, That the amended provisions of Article 5-2 (2) shall enter into force on January 1, 2011.
Article 2 (Applicability to Method of Conduct of Business of Labor Law Firms)
The amended provisions of Article 7-8 shall apply, starting from the case that a labor law firm first accept after this Act enters into force.
Article 3 (Applicability concerning Prohibition on Concurrent Holding of Office)
(1) The amended provisions of Article 7-9 (1) shall apply, starting from the first business a member or an associate certified public labor attorney of a labor law firm conducts after this Act enters into force.
(2) The amended provisions of Article 7-9 (2) shall apply, starting from the first person who resigns from a labor law firm after this Act enters into force.
Article 4 (Transitional Measures concerning Training and Education)
Any certified public labor attorney who completed practical training pursuant to the former provisions as at the time this Act enters into force (including certified public labor attorneys who are under practical training as at the time this Act enters into force and complete the practical training after this Act enters into force) shall be deemed to complete training and education pursuant to the amended provisions of Article 5-2 (1).
Article 5 (Transitional Measures concerning Qualification of Members of Labor Law Firms)
Notwithstanding the amended provisions of Article 7-3 (3), the former provisions shall apply to those who are under the suspension of qualification due to acts conducted before this Act enters into force.
Article 6 (Transitional Measures concerning Cancellation of Authorization for Establishment of Labor Law Firms)
Notwithstanding the amended provisons of Article 7-6, the former provisions shall apply to dispositions of cancellation of authorization for the establishment of labor law firms, which are imposed against acts conducted before this Act enters into force.
Article 7 (Transitional Measures concerning Cancellation of Registration of Practicing Labor Attorneys)
Notwithstanding the amended provisions of Article 19, the former provisions shall apply to the cancellation of registration of practicing labor attorneys who are subject to a disposition of suspension of qualification pursuant to the former provisions due to acts conducted before this Act enters into force, as prescribed in Article 8 of the Addenda.
Article 8 (Transitional Measures concerning Disciplinary Action)
The former provisions shall apply to disciplinary actions taken against acts conducted before this Act enters into force.
Article 9 (Transitional Measures concerning Penal Provisions and Fines for Negligence)
The former provisions shall prevail over the application of penal provisions and fines for negligence to acts conducted before this Act enters into force.
ADDENDA<Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.