APEC economy: Republic of Korea; Jurisdiction: Republic of Korea
Temporary practice ('fly-in, fly-out' practice)
There is no express rule allowing temporary practice by foreign lawyers.
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer can obtain a licence entitling them to offer advisory services on foreign and international law in Korea. However, an applicant must get a qualification approval from the Ministry of Justice and be registered with the Korean Bar Association in accordance with Foreign Legal consultant Act.
Full licensing
A foreign lawyer cannot obtain a full licence to practise law in this jurisdiction. The relevant impediment is that only a local lawyer is allowed to be granted a full licence to practise law in that jurisdiction.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may be employed by another local lawyer of a local firm;
- local lawyers may not be employed by a foreign lawyer or foreign firm;
- foreign lawyers may not provide services in some other form of commercial association with local lawyers;
- foreign law firms are permitted to establish a commercial presence in Korea. However, an applicant must get a qualification approval from the Minister of Justice and register with the Korean Bar Association in accordance with specific procedures prescribed in the Foreign Legal Consultant Act.
Other regulatory issues
In this jurisdiction:
- foreign lawyers cannot establish an office in the absence of enabling legislation;
- there are specific rules in relation to advertising. These rules are the Attorney-at-Law Act and the Rules of the Korean Bar Association;
- there are specific rules in relation to use of names by lawyers or law firms. These rules are the Attorney-at-Law Act.
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Ministry of Justice | www.moj.go.kr |
| Peak professional association representing the legal profession | Korean Bar Association | www.koreanbar.or.kr |
| Other associations playing a significant role in developing policy for the legal profession | Judicial Research and Training Institute | jrti.scourt.go.kr |