「외국법자문사법」상 외국법자문법률사무소의 법적 지위-문제점과 개선방안을 중심으로-

Abstract

Foreign Legal Consultant Act(FLCA) was unwillingly introduced to Korea by the expressure to open legal service market. The enactment of FLCA, however, has positive effect in that domestic clients will be able to receive foreign legal services provided by foreign law firms in Korea. Nevertheless FLCA are in need of systematic modification in order to establish the legal status of foreign legal consultant office at this point. As FLCA lacks the carful consideration on the legal status of foreign legal consultant office from the enactment, contending relevant provisions are mixed in FLCA, which make it difficult to decide in deciding the legal status of foreign legal consultant office. Though there exists an argument that foreign legal consultant office in Korea can sould be regarded as a representitive office of the foreign law firm, but, in my opinion, the unclear provisions in FLCA regarding foreign legal consultant office is could be easily interpreted as an independent entity, separated from the foreign law firm. However if we interpret the legal status of foreign legal consultant office as a independent office, two problems arises as follows: ① insufficient protection of domestic clients, ② gaps between the real operation of foreign legal consultant office and norms of FLCA. To solve these problems, this paper proposes to revise FLCA on the status of foreign legal consultant office to be considered as a representitive office of the foreign law firm.