Introduction         Promotion Act

Introduction

Promotion Act

The Korean Society of Law Promotion Act【 Enacted March 29, 2007, Act No. 8323 】

Article 1 (Purpose) The purpose of this act is to contribute to the development of constitutionalism and the stability of national life by fostering the Korean Society of Law, promoting mutual cooperation between domestic and international legal practitioners, and advancing jurisprudence

Article 2 (Subsidy) The State may grant subsidies to cover expenses incurred for the operation of the Korean Society of Law (hereinafter referred to as “the Society”).

Article 3 (Free loan of state-owned property) The State may, if necessary for the promotion of the Society, allow the Society to loan, use, or profit from national property free of charge within the scope of its use in spite of the "State Property Act."

Article 4 (Submission of business plans) The Society must submit the following documents to the Minister of Justice: 1)Business plan and budget for each fiscal year; and 2)Performance results and balance sheet for each fiscal year

Article 5 (Cooperation of member organizations) The Society reserves the right to request membership fees from law firms, courts, government organizations, and other institutions.

Article 6 (Prohibition of use of similar names) Those entities that are not the Society may not use the title “the Korean Society of Law” or similar titles.

Article 7 (Fines)

  1. Any person who violates Article 6 shall be subject to a fine of not more than 5 million won.
  2. The fine for violating Paragraph 1 shall be imposed and collected by the Minister of Justice as prescribed by the Presidential Decree.
  3. Any person who objects to the disposition of the fine for negligence under Paragraph 2 may file a complaint with the Minister of Justice within 30 days from the date of notification of the disposition.
  4. When a person who has been fined pursuant to Paragraph 2 files an objection under Paragraph 3, the Minister of Justice must notify the court with relevant jurisdiction without delay, and the notified court shall hold a separate trial to determine the fine under the Non-Contentious Case Litigation Procedure Act.
  5. If the complainant fails to lodge an objection within the time limit set forth in Paragraph 3 and fails to pay the fine, the fine shall be collected in accordance with the procedure for national tax delinquency.

Supplemental provision This decree shall be enforced from the date of promulgation. However, Article 6 and Article 7 shall take effect six months after the promulgation.

Enforcement Decree of the Korean Society of Law Promotion Act【 Enacted September 27, 2007 Presidential Decree No. 20285 】

Article 1 (Purpose)
The purpose of this Decree is to specify matters delegated by the “Korean Society of Law Promotion Act” and the requirements for its implementation.
Article 2 (Imposition of fines)
  1. In order for the Minister of Justice to impose a fine pursuant to Article 7 of the "Korean Society of Law Promotion Act", after investigating and confirming a violation, the Minister of Justice must inform the accused, in writing, of the violation and the fine.
  2. To impose a penalty pursuant to Paragraph 1, the Minister of Justice must give a person who is subject to a fine for negligence an opportunity to state his or her defense orally or in writing (including electronic documents), and a minimum of ten days’ notice before the accused may present his or her defense. If a defense is not presented within this specified period, the Ministry will assume that the accused will not present one:
  3. The fine shall be determined as follows:
    1. When the title “The Korean Society of Law” is used: 4 million won
    2. When a title similar to “The Korean Society of Law” is used: 2 million won
  4. The Minister of Justice may either increase or reduce the fine to one-half of the amount specified under Paragraph 3 after taking into account the motive, content, and frequency of the violation. However, the amount cannot exceed 5 million won.

Article 3 (Procedure for collecting fines)
Fines shall be collected in accordance with the procedure for the collection of revenue under the Management of the National Funds Act. In this case, notice of the fine shall include the procedure for objection and a timeframe within which to make an objection.
Supplemental provision
The decree shall come into effect on September 30, 2007.