The Enforcement Decree of the Foreign Legal Consultants Act (now legislated and which will come into effect on September 2009) has not been made public and what eventually becomes drafted in the Enforcement Decree may set further onerous conditions for the establishment of a Foreign Legal Consultants Law office in Korea.
Recommend that the Enforcement Decree of the Foreign Legal Consultants Act be made public before the conclusion of the EU-Korea Fair Trade Negotiations, so that agreement on legal services sector is not subject to any unknown terms of to be later stipulated in an Enforcement Decree to be promulgated in the future.
Foreign Legal Consultants Act - Article 16
The Foreign Legal Consultants Act allows the Head Law Office “duly organized under the laws of a country which is a signatory to a Free Trade Agreement, and has been operating in a normal manner for five years or longer” to set up a Foreign Legal Consultants Office in Article 16(1).- Article 16(2) imposes a seven year experience requirement for the representative of the Foreign Legal Consultant Office.
Recommend that the five year period in Article 16(1) and seven year period under Article 16(2) be removed as the imposition of such limitation is against the spirit of the EU-Korea Fair Trade Agreement negotiations. Those restrictions should rather follow rules and guidelines of the bar association of the country which is a signatory to the Free Trade Agreement.
Foreign Legal Consultants Act - Article 25
A Foreign Legal Consultant who advises on the laws of a country which is a signatory to a Free Trade Agreement may only work for a Korean law firm or a Foreign Legal Consultant Law Office.- However, a Foreign Legal Consultant may not work in the capacity of a Foreign Legal Consultants for other entities, such as companies, foreign embassies, Korean government and quasi-government bodies.
Recommend that the registration for Foreign Legal Consultants be broadened so that Foreign Legal Consultants be allowed to work for any entities in Korea to advise on the laws of the country which is a signatory to the Free Trade Agreement.
Foreign Legal Consultants Act - Article 4(3)
A Foreign Legal Consultant applicant who has worked in Korea may count two years of service performed regarding the laws of the Home Country of License towards the three year work experience requirement
Recommend that the term be increased to three years for those Foreign Legal Consultant applicants already working for any fields in Korea.
Foreign Legal Consultants Act - Article 27
Article 27 states that a registered legal consultant is obliged to use the Foreign Legal Consultant title, with the option of using an addition title of the name of Home Country of License in the language of the Home Country or the name of the Home Country of the License followed by the “Attorney” in the Korean language.
Recommend a Foreign Legal Consultant be allowed to choose and use any one or all of the titles permitted under Article 27.
Recommend the period of residency be reduced, and to include the period for overseas travel on business to count towards the days for Korean residency.
Foreign Legal Consultant Act - Article 29
Article 29 imposes a residency requirement of 180 days per year to remain qualified as a registered Foreign Legal Consultant.
Recommend the period of residency be reduced, and to include the period for overseas travel on business to count towards the days for Korean residency.
Foreign Legal Consultant Act - Article 16(2)
Article 16(2) states the Head Office shall be deemed to be the office which serves as the top decision making body.
Recommend that the Head Office be defined to be the country in which its Head Office is incorporated.
Foreign Legal Consultant Act - Article 34
Article 34 prohibits the hiring of Korean attorneys by Foreign Legal Consultant Law Office.
Recommend that this article be amended to reflect the time table for liberalization of the Korean legal services market.
