Article 1 (Purpose)

The purpose of this Act is to seek to ensure smooth operation of the affairs related to labor and social insurance and autonomous labor management in business or workplace through establishment of a certified public labor attorney system, thus improving the welfare of workers and contributing to the sound development of enterprises.

[This Article Wholly Amended on Aug. 3, 2007]

Enforcement Ordinance

Article 2 (Scope of Duties)

(1) Any certified public labor attorney shall perform the following duties:

1. Representation or agency of notification, application, report, statement, claim (including filing an objection, inspection claim, or adjudication claim) and remedy against infringement of rights, etc. made to the authorities under labor-related statutes and regulations;

2. Preparation and confirmation of documents under labor-related statutes and regulations;

3. Consultation and guidance regarding labor-related statutes and regulations 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 arranged under Article 52 of the Trade Union and Labor Relations Adjustment Act;

6. Representation or agency of notification, application, report, statement, claim (including filing an objection, inspection claim, or adjudication claim) and remedy against infringement of rights, etc. made to the relevant institutions under the statutes and regulations related to social insurance.

(2) "Labor management diagnosis" prescribed in paragraph (1) 4 means a series of actions to analyze and diagnose the matters concerning personnel affairs, labor management, labor-management relations, etc. of business or workplace and provide reasonable improvement measures to the business or workplace, at the request of one or both labor and management.

(3) The scope of labor-related statutes and regulations referred to in paragraph (1) 1 through 3, matters necessary for the implementation of labor management diagnosis under subparagraph 4 of the same paragraph, and the scope of statutes and regulations related to social insurance referred to in subparagraph 4 of the same paragraph shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Aug. 3, 2007]

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Article 3 (Qualification)

A person who has passed a qualification examination for certified public labor attorneys prescribed in Article 3-2 shall be qualified for a certified public labor attorney.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

Enforcement Ordinance

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Article 3-2 (Qualification Examination for Certified Public Labor Attorneys)

(1) A qualification examination for certified public labor attorneys shall be administered by the Minister of Employment and Labor and consist of the first, second and third examinations.
(2) Requirements for application for a qualification examination for certified public labor attorneys under paragraph (1), examination subjects, examination method, delivery of qualification certificates and other necessary matters shall be prescribed by the Presidential Decree.
(3) If a person who is disqualified from taking a qualification examination for certified public labor attorneys pursuant to paragraph (2) has taken a qualification examination for certified public labor attorneys and passed its final examination, the Minister of Employment and Labor shall revoke the decision to pass the person.
(4) Requirements for application for a qualification examination for certified public labor attorneys under paragraph (1), examination subjects, examination method, delivery of qualification certificates and other necessary matters shall be prescribed by the Presidential Decree.
(5) Any person wishing to take the qualifying examination for certified public labor attorneys shall pay such fees as prescribed by Presidential Decree, up to an amount not exceeding the actual expenses of the exam. In such cases, matters necessary regarding fee payment methods and refund of such fees shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8615, Aug. 3, 2007]

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Article 3-3 (Partial Exemption from Examination)

(1) Any of the following persons shall be exempt from the first round of the qualifying examination for certified public labor attorneys in all subject areas, and from the second round of examination in subject areas prescribed by Presidential Decree not exceeding 1/2 of the total number of subject areas for 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 Corps for at least five years from among those who have careers in the field of labor administration for at least ten years;

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 Corps for at least eight years from among those who have careers in the field of labor administration for at least 15 years.

(2) Any person who has careers in the field of such labor-related affairs prescribed by Presidential Decree for at least ten years shall be exempt from the first round of examination in some of the subject areas, as prescribed by Presidential Decree.

(3) The scope of public officials having careers in the field of labor administration prescribed in any subparagraph of paragraph (1) shall be prescribed by Presidential Decree.

(4) Any person who has passed the first round of examination shall be exempt from the next first-round examination only once, and any person who has passed the second round of examination from the next first and second-round examinations only once.

(5) Paragraphs (1) and (2) shall not apply to any of the following persons:

1. A person who has been removed or dismissed from office by impeachment or disciplinary actions;

2. A person who has been subject to a disciplinary action equivalent to demotion or suspension from office for receiving money, valuables, or entertainment.

[This Article Wholly Amended on Aug. 3, 2007]

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Article 3-4 (Certified Public Labor Attorney Qualification Deliberation Committee)

(1) A Certified Public Labor Attorney Qualification Deliberation 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：
1. Matters concerning the qualification examination for certified public labor attorneys, such as the adjustment of examination subjects, etc.；
2. Matters concerning requirements for partial exemption from the examination；
3. Other matters concerning the acquisition of a certified public labor attorney’s qualification；and
4. Determination of the number of attorneys selected through the examination
(2) Matters necessary for the establishment and operation of the Certified Public Labor Attorney Qualification Deliberation Committee shall be prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

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Enforcement Ordinance

Article 3-5 (Measures for Exam Cheaters)

For applicants who commit an act of cheating in a qualification examination for certified public labor attorneys, the Minister of Employment and Labor shall suspend or nullify the examination or cancel the decision to pass, and suspend their qualification to take such examination for five years from the date on which he/she suspends or nullifies the examination or cancels the decision to pass.
<This Article Newly Inserted by Act No. 8615, Aug. 3, 2007>

Article 4 (Reasons for Disqualification)

None of the following persons shall become a certified public labor attorney:

1. A minor;

2. A person under adult guardianship or limited guardianship;

3. A person who has been declared bankrupt and has not been reinstated;

4. A public official in whose case three years have not elapsed since his/her discharge was imposed as part of disciplinary action;

5. A person in whose case three years have not elapsed since his/her imprisonment without labor or a heavier punishment declared by a court was completely executed or exempted;

6. A person in whose case two years have not elapsed since his/her suspension of the execution declared by a court was completely executed;

7. A person who is under suspension of sentence of his/her imprisonment without labor or a heavier punishment;

8. A person whose registration is revoked permanently pursuant to Article 20.

[This Article Wholly Amended on Aug. 3, 2007]

Article 5 (Registration)

(1) When a person licensed as a certified public labor attorney intends to commence duties referred to in Article 2, he/she shall apply for registration with the Korea Certified Public Labor Attorneys Association (hereinafter referred to as the "Certified Public Labor Attorneys Association"), as prescribed by Presidential Decree.

(2) When any of the following persons applies for registration pursuant to paragraph (1), the Certified Public Labor Attorneys Association shall reject such registration:

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 in whose case three years have not passed since his/her registration was revoked pursuant to Article 19 (1) 1;

4. A person in whose case three years have not passed since his/her registration was revoked pursuant to Article 20.

(3) When the Certified Public Labor Attorneys Association rejects registration pursuant to paragraph (2), it shall notify the applicant thereof, expressly clarifying the grounds therefor.

(4) Where the Certified Public Labor Attorneys Association fails to make or reject registration until three months have passed since the date of receipt of an application for registration under paragraph (1), registration shall be deemed made.

(5) A person whose registration is rejected under paragraph (2) may file an objection with the Minister of Employment and Labor, clarifying the reason why the rejection of registration is unjust, within three months from the date of receipt of a notice under paragraph (3).

(6) Where the objection referred to in paragraph (5) is deemed well-grounded, the Minister of Employment and Labor shall order the Certified Public Labor Attorneys Association to make registration for the relevant certified public labor attorney.

[This Article Wholly Amended on May 25, 2010]

Enforcement Ordinance

Article 5-2 (Training of Certified Public Labor Attorneys)

(1) If a person with qualification as a certified public labor attorney (excluding those falling under each subparagraph of Article 3-3 (1) and Article 3-3 (2)) is to commence his/her duties, he/she shall receive training for a period prescribed by the Presidential Decree but not exceeding one year before registering him/herself pursuant to Article 5.
(2) Any certified public labor attorney who has completed registration pursuant to Article 5 paragraph (1) (hereinafter referred to as "practicing labor attorney") shall receive refresher training that includes enhancement of expertise and ethics of practicing labor attorneys (hereinafter referred to as "refresher training) for the number of hours prescribed by Presidential Decree not exceeding eight hours per year (including at least one hour of training in professional ethics necessary for certified public labor attorneys);
1. Where he/she is unable to perform the normal duties of a certified public labor attorney due to illness, etc.；
2. Where he/she has a justifiable reason not to receive maintenance training, such as suspension of business, etc.；and
3. Cases prescribed by the Certified Public Labor Attorney Association under Article 24, where a certified public labor attorney is not fit to receive maintenance training due to old age.
(3) The Minister of Employment and Labor may designate an institution or organization that suits the criteria prescribed by the Presidential Decree, such as for facilities, personnel and training performance, etc., as an institution providing maintenance training (hereinafter referred to as “designated training institution”).
(4) If a designated training institution falls under any of the following subparagraphs, the Minister of Employment and Labor may cancel the designation. Provided that in the case of subparagraph 1, the designation shall be cancelled：
1. Where the institution has obtained designation in a false or any other fraudulent way；
2. Where the institution treats a person who has not completed maintenance training as one who has；and
3. Where the institution fails to meet the criteria under paragraph (3).
(5) The contents of training under paragraphs (1) and (2) shall be prescribed by the Presidential Decree and training method and procedures and other necessary matters shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
<This Article Newly Inserted by Act No. 10321, May 25, 2010>

Enforcement Ordinance

Enforcement Ordinance

Article 6 (Restriction on Installation of office)

A practicing labor attorney shall install and operate just one office.
<This Article Wholly Amended by Act No. 10321, May 25, 2010>

Article 7 (Joint Office)

(1) A practicing labor attorney may install a joint office with not less than two certified public labor attorneys in order to perform the duties effectively and to increase public trust.
(2) The installation and operation of a joint office and other necessary matters shall be prescribed by the Presidential Decree.
(3) In respect of matters concerning a joint office which are not provided in this Act, the provisions of the Civil Act concerning partnerships shall apply mutatis mutandis.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

Article 7-2 (Labor Consulting Corporation)

A practicing labor attorney may establish a corporation in order to perform the duties in a systematic and specialized manner.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

Article 7-3 (Members, etc. of Labor Consulting Corporation)

(1) The members of a labor consulting corporation shall be composed of not less than two certified public labor attorneys.
(2) A person who is in the period of suspension after suspension of duty was imposed on him/her shall not be a member of a labor consulting corporation.
(3) A labor consulting corporation may employ a certified public labor attorney who is not its member (hereinafter referred to as “affiliated certified public labor attorney”).
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>
<Title of This Article Amended by Act No. 10321, May 25, 2010>

Article 7-4 (Procedure, etc. for Establishment of Labor Consulting Corporation)

(1) For a labor consulting corporation to be incorporated, the certified public labor attorney who will be its member shall prepare Articles of incorporation, and obtain authorization thereof from the Minister of Employment and Labor, as prescribed by the Presidential Decree. The same shall apply to an amendment of the Articles of incorporation.
(2) The Articles of incorporation shall contain the following matters：
1. Purpose；
2. Name；
3. Location of principal and branch offices；
4. Names and addresses of members；
5. Matters concerning the contribution from members；
6. The period or conditions, if the period of existence or conditions of dissolution are determined；and
7. Other matters prescribed by the Presidential Decree.
(3) A labor consulting corporation shall register under the conditions as prescribed by the Presidential Decree.
(4) A labor consulting corporation shall be formed by registration of incorporation in the area where the principal office is located.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

Article 7-5 (Dissolution of labor consulting corporation)

(1) A labor consulting corporation shall be dissolved due to any of the following causes：
1. Occurrence of any condition for dissolution prescribed by the Articles of incorporation；
2. Resolution by a general meeting of members；
3. Merger；
4. Bankruptcy；and
5. Cancellation of authorization of incorporation.
(2) If a labor consulting corporation is dissolved, the liquidator shall report the reason to the Minister of Employment and Labor without delay.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

Article 7-6 (Cancellation, etc. of Authorization for labor consulting corporation)

The Minister of Employment and Labor may cancel authorization for a labor consulting corporation or order the suspension of its business for a period of not more than one year if the labor consulting corporation falls under any of the following subparagraphs：Provided that the authorization shall be cancelled if the labor consulting corporation falls under any of subparagraphs 1 through 3：
1. Where the labor consulting corporation fails to supply a new member within three months from the date on which the number of its members fall short of the number specified in Article 7-3 (1)；
2. Where the labor consulting corporation renders services in violation of an order of suspension of business；
3. Where the labor consulting corporation has obtained authorization under Article 7-4 in a false or any other fraudulent way；
4. Where the labor consulting corporation installs or operates an office in violation of Article 7-7 (3)；
5. Where the labor consulting corporation employs a business assistant in violation of Article 11 (4) which shall apply mutatis mutandis pursuant to Article 7-10 (2)
6. Where a member or an affiliated certified public labor attorney of the labor consulting corporation violates Article 13；
7. Where the labor consulting corporation has gained profits by making a person who is or was a practicing labor attorney (including a person who is or was a business assistant to a person who is or was a practicing labor attorney) disclose the facts learned in relation to his/her business, without any justifiable ground；and
8. Where the labor consulting corporation fails to comply with an order of reporting, submission of materials, etc., or refuses, obstructs or evades an inspection or inquiry under Article 18 (1).
<This Article Wholly Amended by Act No. 10321, May 25, 2010>

Article 7-7 (Offices of labor consulting corporation)

(1) A labor consulting corporation may have a branch office in addition to its principal office. In such cases, the branch office shall indicates that it is a branch office of the labor consulting corporation.
(2) A member or an affiliated certified public labor attorney of a labor consulting corporation shall not have an separate office apart from the labor consulting corporation.
(3) The principal office and branch office of a labor consulting corporation shall each have not fewer than one certified public labor attorney working full time.
<This Article Newly Inserted by Act No. 10321, May 25, 2010>

Article 7-8 (Labor consulting corporation’s Methods of Rendering Services)

(1) A labor consulting corporation shall render services under the name of the corporation, and designate a certified public labor attorney (hereinafter referred to as “responsible certified public labor attorney”) to take charge of each service requested：Provided that if an affiliated certified public labor attorney is designated as a responsible certified public labor attorney, he/she shall be designated along with a member of the labor consulting corporation.
(2) If a labor consulting corporation designates no responsible certified public labor attorney when rendering services, all members of the labor consulting corporation shall be deemed to have been designated as the responsible certified public labor attorney.
(3) A responsible certified public labor attorney shall represent his/her labor consulting corporation when he/she renders services assigned to him/her.
(4) Written documents prepared by a labor consulting
corporation with regard to its services shall indicate the name of the corporation and the responsible certified public labor attorney shall put his/her name and seal or put his/her signature on them.
<This Article Newly Inserted by Act No. 10321, May 25, 2010>

Article 7-9 (Prohibition of Competitive Business)

(1) No member or affiliated certified public labor attorney of a labor consulting corporation shall render services falling within the scope of services of the labor consulting corporation for him/herself or for a third person, and be employed as a member or an affiliated certified public labor attorney of other labor consulting corporations.
(2) A person who was a member or an affiliated certified public labor attorney of a labor consulting corporation shall not perform the work of a certified public labor attorney after retirement with regard to the services he/she rendered or agreed to render as a responsible certified public labor attorney of the labor consulting corporation：Provided that this shall not apply if the labor consulting corporation gives consent.
<This Article Newly Inserted by Act No. 10321, May 25, 2010>

Article 7-10 (Mutatis Mutandis Application)

(1) In respect of matters regarding labor consulting corporations, which are not provided in this Act, the provisions of the Commercial Act concerning commercial partnerships shall apply mutatis mutandis.
(2) Articles 11, 12, 12-3, 12-4, 13, 14, 17, 20-3 and 26-2 shall apply mutatis mutandis to labor consulting corporations unless the provisions are inconsistent with the nature of labor consulting corporations.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

Article 8 (Name, etc. of Office)

(1) Deleted.
(2) Deleted.
(3) A person who is not a certified public labor attorney under this Act shall not use as its name, certified public labor attorney, office of certified public labor attorney, joint office of certified public labor attorney and labor juristic person, or other names similar thereto.
(4) A person who is not a joint office of certified public labor attorney or a labor consulting corporation under this Act shall not use in its name, joint office of certified public labor attorney and labor consulting corporation, or any other term similar thereto.
<Title of this Article Amended by Act No. 8615, Aug. 3, 2007>

Article 9 (Discontinuation of Business)

Where a practicing labor attorney intends to discontinue his/her business, he/she shall report to the Certified Public Labor Attorneys Association.

[This Article Wholly Amended on Aug. 3, 2007]

Article 10 Deleted.

Article 11 (Business Assistant)

(1) A practicing labor attorney may have assistants who will assist his/her business.
(2) The actions of a business assistant in connection with his/her duties shall be considered to be the actions of the practicing public labor attorney who employs him/her.
(3) A person who falls under any subparagraph of Article 4 shall not become a business assistant：Provided that this shall not apply if the person was declared bankrupt and has not reinstated yet.
(4) A practicing labor attorney shall not have as his/her business assistant a person who falls under paragraph (3).
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

Article 12 (Maintenance of Dignity, Obligation of Good Faith, etc.)

(1) A certified labor attorney shall always maintain his/her dignity and perform his/her duties fairly based on trust and good faith, and where the certified labor attorney cannot perform such duties fairly, he/she shall not perform the duties prescribed in Article 2.

(2) Each practicing labor attorney shall write his name and affix his/her seal on the documents he/she prepared or confirmed under Article 2 (1).

(3) Deleted.

[This Article Wholly Amended on Aug. 3, 2007]

Article 12-2 Deleted.

Article 12-3 (Application for Inspection of Related Books, etc.)

A practicing labor attorney, if necessary for performing the duties under Article 2, may request the inspection of related books and documents of a related institution or of a related person. In this case, if the request is made to perform the duties under Article 2 (1) 1 or 2, the related institution so requested shall not refuse the request without a justifiable reason.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

Article 12-4 (Guarantee of Compensation for Damage)

In order to guarantee compensation for damage caused to a client intentionally or negligently during the performance of his/her duties, a practicing labor attorney shall take out guarantee insurance under the conditions prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

Article 13 (Prohibited Acts)

Neither practicing labor attorney nor his/her business assistant shall perform the following acts:

1. An act of having a client obtain gains on property, such as insurance money, by fraud or other improper means or having the client neither pay insurance premium nor fulfill other monetary obligations under the statutes and regulations related to labor and social insurance;

2. An act of having a client not perform notification, reporting, and other obligations under the statutes and regulations related to labor and social insurance;

3. Guiding, counseling and other similar acts for violation of statutes and regulations;

4. An act of using a professional broker or soliciting a case by unjust means.

[This Article Wholly Amended on Aug. 3, 2007]

Article 14 (Keeping of Secrets)

A person (including a person who is or was a business assistant to a person who is or was a practicing labor attorney) who is or was a practicing labor attorney shall not disclose facts learned in relation to his/her business to other persons without a just cause.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

Article 15 Deleted.

Article 16 Deleted.

Article 17 (Keeping, etc. of Books)

(1) Each practicing labor attorney shall furnish his/her office with books prepared in connection with his/her business and preserve such books for three years. In such cases, such books may be prepared, maintained, and preserved in electronic form provided for in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions.

(2) The types and forms of books and records required to be maintained under paragraph (1) and other necessary matters shall be determined by Ordinance of the Ministry of Employment and Labor.

[This Article Wholly Amended on Aug. 3, 2007]

Article 18 (Order, etc. for Supervision)

(1) The Minister of Employment and Labor may, if necessary for finding out whether a practicing labor attorney or a labor consulting corporation violates this Act or any order issued under this Act, order the report of matters concerning his/her services, the submission of materials or other necessary things, and have his/her public official enter the office to inspect books, documents, etc., or ask questions.
(2) In the event of making an entry, inspection, etc., pursuant to paragraph (1), the Minister of Employment and Labor shall inform the practicing labor attorney or labor consulting corporation of necessary matters, such as the date and details, etc., no later than seven days in advance：Provided that this shall not apply in urgent cases or if such advance notice is deemed to prevent the accomplishment of the purpose.
(3) A public official who enters an office, inspects, etc., under paragraph (1) shall carry a certificate indicating such authority, and show it to a related person.
(4) The Minister of Employment and Labor may have the Certified Public Labor Attorney Association under Article 24 inspect business under paragraph (2). In this case, the Certified Public Labor Attorney Association shall report the results thereof to the Minister of Employment and Labor.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

Article 19 (Cancellation, etc. of Registration)

(1) The Certified Public Labor Attorneys Association shall revoke registration if a practicing labor attorney falls under any of the following:

1. Where he/she is disqualified on the grounds prescribed in Article 4;

2. Where he/she reports discontinuation of business, as set forth in Article 9;

3. Deleted;

4. Where he/she is deceased.

(2) When the Certified Public Labor Attorneys Association revokes registration pursuant to paragraph (1), he/she shall notify the person whose registration is revoked thereof without delay, expressly clarifying the grounds therefor.

(3) Any person whose registration was revoked under paragraph (1) shall return the registration certificate.

[This Article Wholly Amended on Aug. 3, 2007]

Article 20 (Disciplinary Action)

(1) When a certified labor attorney falls under any of the following, the Minister of Employment and Labor shall take disciplinary action by a resolution of the Certified Public Labor Attorney Disciplinary Committee:

1. When he/she establishes and operates at least two offices in violation of Article 6;

2. When he/she becomes a member of a labor law firm in violation of Article 7-3 (2);

3. When he/she violates the prohibition of concurrent holding of two offices under Article 7-9;

4. When he/she employs assistants in violation of Article 11 (4);

5. When he/she violates the maintenance of dignity, duty of good faith, etc. under Article 12;

6. When he/she conducts prohibited acts falling under the subparagraphs of Article 13;

7. When he/she violates the obligation not to divulge confidential information prescribed in Article 14;

8. When he/she fails to follow an order to submit reports, data, etc., or refuses, interferes with or evades inspections or questions, as prescribed in Article 18 (1);

9. When he/she violates the prohibition of lending certificates of qualification, etc. under Article 20-3;

10. When he/she borrows another person's certificate of qualification to establish and operate a labor law firm or a joint office;

11. When he/she, while conducting duties referred to in Article 2, makes clients illicitly gain monetary interest, such as insurance money paid pursuant to labor-related statutes and regulations, or dissuade clients from paying premiums or performing other monetary obligations, by intention or gross negligence;

12. When he/she conducts duties in violation of a disposition of suspension of performance of duties referred to in paragraph (3) 3;

13. When he/she is sentenced to imprisonment without labor or a heavier punishment at least two times in connection with the duties of a certified labor attorney (including cases where suspension of execution is sentenced) and the execution of such sentence becomes final (excluding cases of criminal negligence);

14. When he/she has repeatedly a ground for disciplinary action after being subject to a disciplinary action of suspension of performance of duties for three years at least two times under this Act and is deemed highly inappropriate to perform the duties of a certified labor attorney;

15. When he/she violates the regulations of the Certified Public Labor Attorneys Association.

(2) Deleted.

(3) The types of disciplinary actions against a certified labor attorney shall be as follows:

1. Permanent revocation of registration (limited to cases of paragraph (1) 13 and 14);

2. Revocation of registration;

3. Suspension of performance of duties for not more than three years;

4. Imposition of an administrative fine not exceeding ten million won;

5. Reprimand.

(4) If it is deemed that a certified labor attorney falls under any ground for disciplinary action provided for in any subparagraph of paragraph (1), the Certified Public Labor Attorneys Association prescribed in Article 24 shall request the Minister of Employment and Labor to reach a resolution on disciplinary action against the certified labor attorney.

(5) Each resolution on disciplinary action referred to in paragraph (1) shall be reached 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 reasons falling under any of the subparagraphs of paragraph (1) arise.

(6) When a certified labor attorney fails to pay an administrative fine referred to in paragraph (3) 4 by the deadline for payment, the Minister of Employment and Labor may collect it in the same manner as he/she collects delinquent national taxes.

(7) Giving notice of resolutions on disciplinary action and other matters necessary therefor shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Aug. 3, 2007]

Article 20-2 (Disciplinary Committee for Certified Public Labor Attorneys)

(1) The Disciplinary Committee for Certified Public Labor Attorneys shall be set up in the Ministry of Employment and Labor to deliberate and decide on disciplinary action against certified public labor attorneys.
(2) The composition and operation of the Disciplinary Committee for Certified Public Labor Attorneys and other necessary matters shall be prescribed by the Presidential Decree.
<This Article Newly Inserted by Act No. 10321, May 25, 2010>

Article 20-3 (Prohibition of Act of Lending Qualifications, etc.)

A certified public labor attorney shall not have any other person perform the duties of a certified public labor attorney under his/her name or the name of his/her office, nor lend his/her qualification certificate or registration certificate.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>
<This article is moved from Article 20-2 by Act No. 10321, May 25, 2010>

Article 21 Deleted.

Article 22 (Hearings)

If the Minister of Employment and Labor intends to take any of the following dispositions, he/she shall hold a hearing:

1. Cancellation of authorization for incorporation, etc. referred to in Article 7-6;

2. Resolution by the Certified Public Labor Attorney Disciplinary Committee reached under Article 20 (1).

[This Article Wholly Amended on Aug. 3, 2007]

Article 23 Deleted.

Article 24 (Establishment, etc. of Certificated Public Labor Attorney Association)

(1) The Korea Certified Public Labor Attorney Association (hereinafter referred to as “Certified Public Labor Attorneys Association”) shall be set up to promote the quality of certified public labor attorneys and maintain their dignity and to improve the certified public labor attorney system and carry out related work efficiently.
(2) For the Certified Public Labor Attorney Association to be established pursuant to paragraph (1), the regulations of the association shall be established and approval therefor shall be obtained from the Minister of Employment and Labor. The same shall apply in the case of modifying the matters approved.
(3) Major contents to be included in the regulations of the association under paragraph (2) shall be prescribed by the Presidential Decree.
(4) The Certified Public Labor Attorney Association shall be a corporation.
(5) With regard to matters concerning the Certified Public Labor Attorney Association which are not prescribed by this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

Article 24-2 (Joining Certified Public Labor Attorney Association and Public Interest Activities)

(1) A person who intends to file for registration under Article 5 (1) shall join the Certified Public Labor Attorneys Association.

(2) The Certified Public Labor Attorneys Association shall actively participate in public interest activities, such as supporting the socially disadvantaged.

[This Article Newly Inserted on Aug. 3, 2007]

Article 24-3 (Registration Review Committee)

(1) The Registration Review Committee shall be established under the Certified Public Labor Attorneys Association in order to review matters regarding the rejection of registration under Article 5 (2) and the revocation of registration under Article 19.

(2) Matters necessary for the organization, operation, etc. of the Registration Review Committee shall be prescribed by the regulations of the the Certified Public Labor Attorneys Association.

[This Article Newly Inserted on Jan. 29, 2020]

Article 25 (Guidance, Supervision, etc.)

(1) The Certified Public Labor Attorneys Association shall be supervised by the Minister of Employment and Labor.

(2) The Certified Public Labor Attorneys Association shall, without delay, report the details of decisions made at a general meeting to the Minister of Employment and Labor.

(3) Where the Minister of Employment and Labor deems that the decisions referred to in paragraph (2) are in violation of statutes, regulations, or the regulations of the Association, he/she may cancel such decisions.

(4) The Certified Public Labor Attorneys Association shall, without delay, report to the Minister of Employment and Labor matters regarding registration, rejection of registration, revocation of registration, and discontinuance of business.

(5) Where the Minister of Employment and Labor deems that grounds for rejection of registration and revocation of registration prescribed in paragraph (4) do not fall under the grounds prescribed in Article 5 (2) or 19 (1), he/she may order the Certified Public Labor Attorneys Association to register such matters or to revoke such revocation of registration.

(6) Where the Minister of Employment and Labor deems that a person registered as a certified public labor attorney falls under any of the subparagraphs of Article 5 (2), he/she may order the Certified Public Labor Attorneys Association to revoke the registration of such certified public labor attorney.

(7) 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 matters regarding the relevant business affairs or to submit materials, or issue other necessary orders and may require a public official under his/her jurisdiction to enter the relevant office to inspect books, documents, etc. or to ask questions.

(8) Article 18 (3) shall apply mutatis mutandis to public officials prescribed in paragraph (7).

[This Article Wholly Amended on Aug. 3, 2007]

Article 26 (Entrustment of Affairs)

(1) The Minister of Employment and Labor may entrust the following affairs to the Certified Public Labor Attorneys Association:

1. Training and education of certified public labor attorneys;

2. Guidance and training for the workers and employers in relation to the rationalization of labor management;

2-2. Deleted;

3. Other affairs designated as such as are deemed necessary by the Minister of Employment and Labor to enforce this Act.

(2) The Minister of Employment and Labor may entrust affairs related to management of the qualifying examination for certified public labor attorneys under Article 3-2 (1) to the Human Resources Development Service of Korea, as prescribed in the Human Resources Development Service of Korea Act.

(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.

[This Article Wholly Amended on Aug. 3, 2007]

Article 26-2 (Support, etc. for Vulnerable Groups)

(1) The State or public agencies may have certified public labor attorneys support the socially disadvantaged with respect to the cases on statutes and regulations related to labor and social insurance.

(2) Where the State or public agencies intend to have certified public labor attorneys support the socially disadvantaged under paragraph (1), matters concerning support methods and procedures, the scope of the socially disadvantaged, remuneration of certified public labor attorneys, etc. shall be governed, as prescribed by other statutes.

(3) When a certified public labor attorney supports the socially disadvantaged as prescribed in paragraph (1), the Minister of Employment and Labor may deem such certified public labor attorney to have completed specific hours of refresher training, as prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Wholly Amended on Aug. 3, 2007]

Article 27 (Restrictions on Affairs)

(1) No person who is not a certified public labor attorney shall perform the duties prescribed in Article 2 (1) 1, 2, or 4 as a profession: Provided, That this shall not apply, except as otherwise prescribed in other statutes.

(2) A person who shall not perform the duties prescribed in paragraph (1) as a profession shall not place any label or advertisement that he/she performs the relevant duties or any misleading label or advertisement that he/she performs the duties.

[This Article Wholly Amended on Aug. 3, 2007]

[Title Amended on Jan. 29, 2020]

Article 27-2 (Review of Regulations)

(1) No person shall engage in any of the following acts with regard to the acceptance of a case that falls under the duties specified in Article 2 (1) 1, 2, or 4:

1. Introducing, arranging, or enticing a party to the case or any other relevant person to a specific certified public labor attorney or his/her business assistant after receiving or promising to receive money, valuables, entertainment, or other benefits in advance;

2. Receiving or demanding money, valuables, entertainment, or other benefits in return for introducing, arranging, or enticing a party to the case or any other relevant person to a specific certified public labor attorney or his/her business assistant.

(2) A person who is not a certified public labor attorney shall not share remuneration and other benefits earned through the business affairs that may be provided only by certified public labor attorneys.

[This Article Newly Inserted on Jan. 29, 2020]

[Previous Article 27-2 moved to Article 27-3 ]

Article 27-3 (Re-Examination of Regulation)

The Minister of Employment and Labor shall examine the appropriateness of standards for partial exemption from examination referred to in Article 3-3 and of the liability guarantee insurance system referred to in Article 12-4 every five years, counting from December 31, 2010 and shall take measures, such as abolition, mitigation, or maintenance.

[This Article Newly Inserted on May 25, 2010]

[Moved from Article 27-2 ]

Article 28 (Penal Provisions)

(1) Any of the following persons shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding thirty million won:

1. A person who violates the obligation of strict observation of confidentiality prescribed in Article 14;

2. A person who violates matters regarding the restriction on business affairs under Article 27 (1);

3. A person who introduces or arranges the business affairs of a certified public labor attorney, in violation of Article 27-2 (1);

4. A person who shares remuneration or other benefits through the business affairs that may be provided only by certified public labor attorneys, in violation of Article 27-2 (2).

(2) Any of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding ten million won:

1. A person who perform duties of certified public labor attorney 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 prohibition of lending of certificates of qualification, etc. and any counterpart thereof;

4. A person who violates Article 8 (3) and (4) pertaining to prohibition of the use of similar names;

5. A person who violates the restriction on labeling or advertising under Article 27 (2).

(3) Deleted.

[This Article Wholly Amended on Aug. 3, 2007]

Article 29 (Joint Penal Provisions)

If a practicing labor attorney who is an employee of a labor juristic person or a business assistant of a practicing labor attorney commits the offence referred to in Article 28 in relation to the business of the labor juristic person or practicing labor attorney, the fine prescribed in the same Act shall be imposed on the labor juristic person or practicing labor attorney, in addition to the punishment of the offender：Provided that this shall not apply unless the labor juristic person or practicing labor attorney neglects to give considerable attention or supervision to the business concerned in order to prevent such offence.
<This Article Wholly Amended by Act No. 9255, Dec. 26, 2008>

Article 30 (Fines for Negligence)

(1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding two million won：
1. A person who fails to receive maintenance training under Article 5-2 (2)；
2. A person who violates the obligation to report discontinuation of business under Article 9；
2-2. A person who fails to take out guarantee insurance under Article 12-4 (including cases subject to mutatis mutandis application under Article 7-10 (2))；and
3. A person who violates the obligation to record, manage and preserve books concerning business under Article 17 (1) (including cases subject to mutatis mutandis application under Article 7-10 (2).
4. Deleted.
(2) The fine for negligence under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor under the conditions as prescribed by the Presidential Decree.
(3) Deleted.
(4) Deleted.
(5) Deleted.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

Article 31 (Delegation of Authority)

Part of the authority of the Minister of Labor under this Act may be delegated to the head of a local labor office under the condition as prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 8615, Aug. 3, 2007>

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