1. What is the title, rank and position of the Legal Adviser?

In the Ministry of Foreign Affairs (MOFA) of the Republic of Korea, the Legal Adviser is the Director-General for International Legal Affairs. He reports to the Foreign Minister and two VIce Foreign Ministers. The position is occupied by a career diplomat.

2. What are the principal functions of the OLA?

The International Legal Affairs Bureau (ILAB) supports the Minister and Vice Ministers in making foreign policy decisions by providing legal advice. The ILAB also provides legal assistance to the regional and policy bureaus of MOFA, as necessary or upon request, in order to help align the Korean government’s foreign policies with international norms.

The IALB also functions as a focal point for the country’s cooperation with international judicial bodies, including the International Court of Justice, the International Criminal Court and the International Tribunal for the Law of the Sea. In case where the Republic of Korea is engaged in a dispute settlement procedures concerning public international law, the ILAB functions as the main communication and response channel. It deals with international legal issues discussed in the United Nations and its specialized agencies, including the Sixth Committee of the General Assembly, and in other treaty-based organizations. It is also in charge of various issues in the areas such as international aviation, ocean affairs, the polar regions, the international seabed and outer space.

Another function of the ILAB is to oversee issues related to the negotiation, conclusion, ratification and interpretation of treaties and other international agreements, including non-binding agreements.

3. Please give a brief description of staff employed by the OLA, including overseas staff. What is the distribution of posts between men and women within the OLA and what category of staff do they respectively belong to?

The ILAB is composed of foreign service officers, lawyers and administrative staff members. Currently, a majority (80 percent) of the members are female, and two of its three divisions are headed by female directors. In total, there are 44 members in the ILAB at present; around 30 of them are foreign service officers and researchers, and the others are administrative staff members. Most members of the ILAB are posted on a rotational basis, as are other members of MOFA.

4. Are there any specific recruitment and promotion policies, provisions and/or quotas to ensure non-discrimination and equal opportunities, e.g. for the underrepresented sex, for persons with disabilities or for persons belonging to ethnic or religious minorities or of immigrant origin?

MOFA recruits its personnel in accordance with government policies that are aimed at promoting diversity within the civil service, such as recruitment quota for gender equality or a mandatory employment scheme for persons with disabilities.

5. Is OLA staff trained on gender equality issues and are these issues mainstreamed into the OLA’s work?

All MOFA staff members are required to take regular educational programs on gender equality and prevention of sexual violence in accordance with the Framework Act on Gender Equality. Over the past few decades, the gender mainstreaming policy of the government has brought a gradual increase in the ratio of women in high-level positions, thereby promoting diverse perspectives in the workplace.

6. Briefly describe the organisation and structure of the OLA.

The Director-General, assisted by the Deputy Director-General, heads the ILAB and oversees its three divisions: the Treaties Division, the International Legal Affairs Division and the Territory and Oceans Division. Each division is headed by a director. The main functions of each division are as follows:

Treaties Division: oversees issues related to the negotiation, conclusion, ratification and interpretation of bilateral and multilateral treaties and other international agreements

International Legal Affairs Division: provides legal advice with regard to the government’s foreign policy; engages in maritime delimitation; manages issues involving the polar regions, international seabed areas and outer space, and oversees legal discussions in multilateral bodies and dispute-settlement mechanisms

Territory and Oceans Division: plans and oversees issues on territories, including conducting legal and historical research, and manages legal issues regarding international oceans and maritime affairs, including serving as a focal point for cooperation with ITLOS

7. What is the OLA’s place within the Ministry of Foreign Affairs?

The ILAB closely works with the Minister and Vice Ministers in their decision-making processes by providing legal advice whenever necessary. It also cooperates with the regional and policy bureaus on a daily basis, providing them with legal analysis on various foreign policy issues, and thus aligning the government’s foreign policies with international norms.

8. What are the main contacts of the OLA within Government?

The ILAB works in close cooperation with other government agencies, including the Office of the President; the Office of the Prime Minister; the Ministry of Justice; the Ministry of Government Legislation; the Ministry of Trade, Industry and Energy; the Ministry of Oceans and Fisheries; the Ministry of Land, Infrastructure and Transport, and the Korea Coast Guard. It also coordinates the diverse views of government agencies on a foreign policy issue, and the Director-General, Deputy Director-General and directors of the ILAB often head government delegations, consisting of multiple agencies, to international conferences.

9. Please describe the relations of the OLA with lawyers in private practice, academics and legal institutions.

The ILAB has developed strong ties with the academic circle and civil society. It is actively engaged in, and often co-hosts, public events such as academic conferences and lectures on international law issues and hold consultations with international legal experts including lawyers both on a formal and informal basis. The leadership of the ILAB serve as ex-officio board members of a number of academic societies of international law. For instance, the Director-General and the three directors are board members of the Korean Society of International Law and the Korea International Law Review. The Director-General is also on the board of the International Humanitarian Law Advisory Committee of the Korean Red Cross.

10. Please provide a brief bibliography on the OLA, if available.

There is no bibliography specifically on the ILAB. However, more information about the ILAB can be found on MOFA’s website (www.mofa.go.kr).