공인노무사의 진술대리권 부여에 대한 법적 검토

If an employer fails to comply with a corrective order or does not submit a document stating the employee's willingness to waive the penalty for wage arrears while a complaint is pending at a local labor office, the labor inspector will initiate a criminal investigation ex officio. Once the case enters the investigation stage, certified public labor attorneys (CPLAs) who assisted during the complaint process are no longer allowed to provide legal assistance. As a result, employees must hire a new legal counsel or face the investigation alone, despite the continuity of factual and legal issues from the original complaint. This creates serious difficulties for vulnerable workers who often cannot afford new legal representation. They have to explain their case again from the beginning, which delays redress and consumes unnecessary administrative resources, potentially leading them to abandon their claims. To address these issues, CPLAs should be allowed to represent clients during the investigation phase, ensuring uninterrupted legal assistance for those in need. This article further explores the permissible scope of CPLAs’ duties, examining whether other professionals - such as administrative agents - can fulfill their role, and whether CPLAs should be granted authority to represent parties in administrative, civil, or criminal proceedings under labor and social insurance laws. For the former, it is suggested that a comprehensive analysis be undertaken, taking into account the need for specialised knowledge, the qualifications of other professionals, the legislative intent, and the relevant legal provisions. For the latter, a gradual extension of the representation rights of CPLAs’ - starting with administrative proceedings - is recommended, subject to the strengthening of professional competence.