Ministry of Justice: "Administrative Scriveners Act Falls Under Ministry of the Interior and Safety"
No Official Interpretation from Ministry of the Interior and Safety Yet

Despite potential violations of current laws, the visa application linkage service for foreigners offered by convenience store chain 'CU' and visa agency 'KB Visa' is rapidly spreading. This new type of administrative service connects users with administrative scriveners when they fill out a simple form using a QR code posted at CU stores. However, the Ministry of Justice and the Ministry of the Interior and Safety have not provided a clear stance on whether this service violates relevant laws.

Photo to aid understanding of the above article. Pixabay

Photo to aid understanding of the above article. Pixabay

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KB Visa Lacks Administrative Scrivener Qualifications


Article 22, Clause 6 of the current Administrative Scriveners Act prohibits "using a person whose business is to broker administrative scrivener work or soliciting delegations through improper means." Article 79-2 of the Immigration Control Act stipulates that only registered administrative scriveners or attorneys may provide visa agency services for foreigners.


The core issue is that KB Visa is a general corporation and not an administrative scrivener office. In 2020, KB Visa was once issued a registration certificate as an immigration agency by the Ministry of Justice, but this was due to an administrative error, and the registration was subsequently revoked. KB Visa, not being a registered administrative scrivener under the Immigration Control Act, operates the platform under its corporate name, provides its services by connecting clients to qualified administrative scriveners, and promotes this business model.


Recurring Issues with Each New Platform Service


The government has not issued an official position on whether such actions constitute "improper solicitation of delegations" or "brokering of work" under the Administrative Scriveners Act. A Ministry of Justice official, citing Article 79-2 of the Immigration Control Act, stated, "Visa applications on behalf of foreigners may only be handled by registered administrative scriveners or attorneys, and ordinary corporations without such qualifications cannot perform this work." However, regarding whether this service violates the Administrative Scriveners Act, the official clarified, "The Administrative Scriveners Act is not under the jurisdiction of the Ministry of Justice, so the determination should be made by the relevant department, which is the Ministry of the Interior and Safety."


An official from the Ministry of the Interior and Safety commented, "Recently, we have received similar civil complaints and are internally reviewing the interpretation of the relevant laws," adding that no definitive legal interpretation has yet been issued.

CU and KB Visa have partnered to provide Visa agency services through nationwide stores and online platforms. CU.

CU and KB Visa have partnered to provide Visa agency services through nationwide stores and online platforms. CU.

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This case is part of an ongoing conflict between specialized professions and platform companies that arises whenever technology-based platform services emerge. In the legal sector, disputes have continued for years over online legal platforms such as LawTalk. Similar controversies have persisted in the medical field with telemedicine platforms, as well as in tax and labor automation services.


"Convenience Is Great, but Legal Violations Are Unacceptable"


A representative of the Korea Association of Administrative Scriveners stated, "Applying for a visa through a convenience store may seem convenient for citizens because it connects them to professional administrative scriveners, but providing convenience in violation of the law cannot be justified." The representative added, "The Administrative Scriveners Act is based on the premise that qualified professionals directly receive delegations and perform the work themselves. Therefore, if a corporation without administrative scrivener qualifications, such as KB Visa, intermediates or promotes this process, there is a high risk of legal violation." The representative further stated, "We will respond firmly to illegal visa agency activities by unqualified individuals and will continue to work to protect the rights and interests of foreign consumers."



Lee Jinyoung, Law Times Reporter


※This article is based on content supplied by Law Times.

This content was produced with the assistance of AI translation services.

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