Items	EUCCK’s Proposal	Comment
Foreign Legal Consultants Act - General	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.	The Enforcement Decree of the Foreign Legal Consultant Act took effect on September 26. 2009.
Foreign Legal Consultants Act - Article 16	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.	The requirements specified in Article 16(1) and (2) are stated in the Korea-EU FTA commitment text. According to the text, setting out the requirements for qualification approval of a foreign legal consultant and for establishment authorization for a foreign legal consultant office is within the Korean government authority. The issues in regards to shortening the required period for a foreign legal consultant and foreign legal consultant office could be discussed if necessary, during the amendment process to the Act.
Foreign Legal Consultants Act - Article 25	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.	A Korean lawyer employed by a beop-mu-beop-in(law company) is prohibited from holding concurrent law offices , and from providing legal services for his/her account or a third person's account. A Korean lawyer is also forbidden from holding more than one job. A Foreign Legal Consultant may be permitted to work in other occupations after he/she suspends or quits practice as FLC.
Foreign Legal Consultants Act - Article 4(3)	Recommend that the term be increased to three years for those Foreign Legal Consultant applicants already working for any fields in Korea.	Compared to other countries, Korea's position for prior domestic experience of a Foreign Legal Consultant is fairly generous. In Japan, service performed in the country is counted as prior experience not less than a year, whereas in China, service performed in the country is not recognized as prior experience.
Foreign Legal Consultants Act - Article 27	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.	The use of the title "Foreign Legal consultant" is to minimize any potential confusion that could result from the opening of the legal services market. For the interest of the domestic clients, Korea permits a Foreign Legal Consultant to include the name of his/her title of a lawyer in the language of the Home Country of License, or the name of the country in Korean before the Korean title “byeon-ho-sa(korean lawyer)in parenthesis.
Foreign Legal Consultant Act - Article 29	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.	Japan(180 days) and China(six months) also have adopted the residency requirement. Article 29(2) specifies that in case a Foreign Legal Consultant stays overseas due to his/her own injury or illness, care for or visit to the injured or ill relatives, or other unavoidable circumstances, the period stayed in overseas is considered a stay in Korea.