Lawful Use of the Title “Attorney” in South Korea

By Juwon Kang, June 16, 2026

1. Overview

To lawfully use the title “attorney” in Korea, one must in principle (1) acquire the qualification of an attorney under the Attorney-at-Law Act and (2) complete registration with the Korean Bar Association. The act of a non-attorney indicating or stating the title of attorney is subject to criminal punishment (Attorney-at-Law Act, Article 112, subparagraph 3).

2. Requirements for Acquiring ‘Attorney’ Qualification

Article 4 of the Attorney-at-Law Act confers attorney qualification on a person falling under one of the following three.

Subparagraph	Content
1	A person who passed the Judicial Examination and completed the course of the Judicial Research and Training Institute
2	A person qualified as a judge or prosecutor
3	A person who passed the Bar Examination

(Attorney-at-Law Act, Article 4)

That said, even with the above qualification, a person who falls within a disqualification ground prescribed in Article 5 of the Attorney-at-Law Act (a sentence of imprisonment without labor or heavier, bankruptcy, being an adult ward, permanent expulsion, etc.) cannot become an attorney (Attorney-at-Law Act, Article 5).

3. The Qualification-Registration Requirement

To open a practice and perform the duties of an attorney, one must register with the Korean Bar Association without fail (Attorney-at-Law Act, Article 7(1)). Performing the duties of an attorney without registering is punishable by up to 3 years’ imprisonment or a fine of up to KRW 20 million (Attorney-at-Law Act, Article 112, subparagraph 4).

Meanwhile, where one handles legal affairs while having attorney qualification but not having completed qualification registration, there is a view that—although there is no direct punishment provision—it may be subject to discipline as a violation of the registration duty of Article 7 of the Attorney-at-Law Act.

4. Prohibition on Using the Title “Attorney” and Punishment

A. The prohibition provision

Article 112, subparagraph 3 of the Attorney-at-Law Act provides that “a person who, not being an attorney, indicates or states an attorney or a law office, or indicates or states the intent to handle legal consultation or other legal affairs for the purpose of gaining profit” is punishable by up to 3 years’ imprisonment or a fine of up to KRW 20 million (Attorney-at-Law Act, Article 112, subparagraph 3).

B. The meaning of “indicating or stating an attorney”

The Supreme Court held that “‘indicating or stating an attorney’ means indicating or stating, using the title ‘attorney,’ that one is ‘an attorney under the Attorney-at-Law Act.’” Whether there was such an act must be judged by comprehensively considering the course and manner in which the title “attorney” was used, the overall context of the content indicated or stated, the possibility of misperception as to attorney qualification, and the like (Supreme Court, July 28, 2022, 2019do7563, violation of the Attorney-at-Law Act).

C. The case of a compound title such as “international attorney”

In the case of a compound title that includes the word “attorney,” such as “international attorney,” lower-court precedents have shown divergent conclusions.

• Toward guilt: the Seoul Eastern District Court at first instance (2018gojeong195) found the defendant guilty, on the ground that the title “international attorney” includes the indication “attorney” in the statement itself, and it cannot be said that the intent that one is not an attorney under the Attorney-at-Law Act is clear from it (Seoul Eastern District Court, Oct. 16, 2018, 2018gojeong195, violation of the Attorney-at-Law Act).
• Toward acquittal: the appellate court (Seoul Eastern District Court 2018no1433), however, acquitted, judging that—considering the overall context of the promotional material, namely that the certified judicial scrivener qualification was specified and the indication “U.S. law-firm international attorney” was stated as one among many credentials—it was hard to regard the defendant as having used an expression capable of being misperceived as having attorney qualification under the Attorney-at-Law Act (Seoul Eastern District Court, May 16, 2019, 2018no1433, violation of the Attorney-at-Law Act).

Thus, in the case of a compound title, the judgment is made by comprehensively considering the overall context of the title’s use and the possibility of misperception.

D. The case of a holder of foreign attorney qualification

Even a person with foreign attorney qualification cannot be said to be a person with attorney qualification prescribed in Article 4 of the Attorney-at-Law Act; so using the title “attorney” without authorization under the Foreign Legal Consultant Act is prohibited by Article 112, subparagraph 3 of the Attorney-at-Law Act (Supreme Court, Apr. 21, 2000, 99do3403, fraud / violation of the Immigration Act / violation of the Attorney-at-Law Act).

5. A Related Special Issue — the Relationship with Certified Tax Accountant and Patent Attorney Qualifications

An attorney automatically acquires certified tax accountant qualification under the Certified Tax Accountant Act, but the Constitutional Court decided that the Certified Tax Accountant Act’s prohibiting an attorney from using the title “certified tax accountant” does not infringe freedom of expression or freedom of occupation. That said, it does not go so far as to disallow an attorney from indicating “tax,” “tax agency,” or “taxation” as a type of the “affairs” he handles (Constitutional Court, May 29, 2008, 2007heonma248, confirmation of unconstitutionality of Article 20(2) of the Certified Tax Accountant Act). By contrast, in the case of the Patent Attorney Act, if an attorney registers as a patent attorney, he can also use the title “patent attorney” (see Constitutional Court, May 29, 2008, 2007heonma248).

6. Conclusion

In conclusion, a person who may lawfully use the title “attorney” in Korea is a person who has acquired the qualification under Article 4 of the Attorney-at-Law Act, has no disqualification ground, and has completed registration with the Korean Bar Association. A holder of foreign attorney qualification, an unregistered qualification holder, and a person engaged in another legal-adjacent occupation cannot use the title “attorney,” and a violation results in criminal punishment (Attorney-at-Law Act, Article 112, subparagraphs 3 and 4).

Thanks for reading!