The Korean Supreme Court decided that occupational duties of the compensation management qualification, one of the private qualification, infringed the occupational duties of attorney-at-law provided by Attorney –At-Law Act.
But, on the existing F...
The Korean Supreme Court decided that occupational duties of the compensation management qualification, one of the private qualification, infringed the occupational duties of attorney-at-law provided by Attorney –At-Law Act.
But, on the existing Framework Act on Qualification, it is impossible to infringe the occupational duties each other between the compensation management qualification, one of the private qualification and the attorney-at-law. Therefore, the Supreme Court’s decision was illegal against the existing Framework Act on Qualification
On the existing Framework Act on Qualification, the national qualification such as Attorney-At-Law means a qualification which is instituted, managed and operated by the State in accordance with Acts and subordinate statutes, and the private qualification means which is instituted, managed and operated by a person(any corporation, organization or individual) other than State.
On the existing Framework Act on Qualification, the occupational duties of the compensation management qualification, one of private qualification, only means an ability, the level of acquisition of knowledge, technique, attitude, etc. of which necessary for the performance of occupational duties is assessed or recognized in accordance with specific criteria and procedures, and never means to perform acts of related to occupational duties upon delegations of parties differently from attorney-at-law. The existing Framework Act on Qualification and any other Acts to allow the private qualification to perform acts of related to occupational duties upon delegations of parties. In case of the occupational duties of the compensation management qualification, the occupational duties means only the objects to assess or recognize an ability, the level of acquisition of knowledge, technique, attitude, etc. of which necessary for the performance of occupational duties.