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Subsidy and Financial Aid–The Difference Between Administrative Scrivener and Labor and Social Security Attorney Part 1

Due to the spreading of COVID-19, the government has issued a few solutions, as a result many people turn to the professional consultant for assistance. However, as many people may have the confusion of who to turn to for specific case, to clear this confusion, we would like to provide an insight to the difference between Administrative Scrivener and Labor and Social Security Attorney in this article.

  1. The Difference in Terms of the Scope of Work

(1) About the Administrative Scrivener

The administrative scrivener is the legal specialist based on the Act concerning Administrative Scrivener.

The administrative scrivener is mainly in charge of the preparation and submission of the documents of rights and obligations, and proof of fact to governmental office. (1-3 of administrative scrivener law). The administrative scrivener is also allowed to work as agent and provide consultation.

“Scope of work”

Creation, application agent and consultation regarding documents submitted to governmental office.

Creation, application agent and consultation regarding documents of rights and obligations.

Creation, application agent and consultation regarding documents of fact proof. Etc.

(2) About the Labor and Social Security Attorney

Labor and Social Security Attorney is the legal specialist based on the Act concerning Labor and Social Security Attorneys.

The Labor and Social Security Attorney is mainly in charge of the solutions to the labor welfare, social insurance, and pension from the employment till the unemployment.

The Labor and Social Security Attorney can be registered without obtaining the qualification of lawyer.

“Scope of work”

Social insurance procedure

Employment management consultation

Consultation on pension and agent of various procedures

Dispute resolution procedure (not as court, but mediation procedure)

Labor management concerning the industry, and other labor related matters or procedures related to social insurance based on labor and social insurance laws. (Appear and make a statement as an assistant in court with a lawyer.) Etc.

  1. The Difference Between Subsidy and Financial Aid

Concerning the subsidy and financial aid, either the Administrative Scrivener or the Labor and Social Security Attorney can prepare related documents and submit to governmental office.

Generally speaking, most financial aid programs are designated by Ministry of Health, Labor and Welfare, the creation of documents is based on the Labor and Social Security Attorney law and as the work is exclusive to licensed Labor and Social Security Attorney, the person only qualified as Administrative Scrivener is not allowed to deal with this program.

In a word, the scope of work as a labor and social security attorney includes all matters related to labor force and social insurance, which is based on the labor and social security attorney law.

In another word, even if the financial aid is granted by Ministry of Health, Labor and Welfare, as long as it is based on other law (such as technology, equipment, and driving fund) instead of the labor and social security attorney law, the application can be made through administrative scrivener.

In addition, though the financial aid is decided by the cabinet, there are some parts that are not based on any law orders, in this case, the administrative scrivener can step in and assist with application. Vice versa, the name of the financial aid program may vary, as long as it is based on the labor and social security attorney law, even it’s under the work scope of labor and social security attorney.

To put it in a simple way, if the financial aid is related to employment support, career improvement, the senior and the handicapped, it is most likely the program decided by Ministry of Health, Labor and Welfare, and it should be within the domain of labor and social security attorney.

If the financial aid is related to sales promotion, development of new product, driving fund, equipment investment, permit, business license, and intellectual asset, the application can be made through other specialists such as patent attorney, administrative scrivener, tax account, small/medium size business consultant.

YAGANI KAJI GROUP is working in partnership with lawyers, judicial scriveners, administrative scriveners, tax accounts, land and house investigators. We provide consultation with regards to application of various financial aid programs, should you have worries in this regard, we are happy to offer assistance.

Toll Free: 0120-138-552         

For Chinese:090-8456-6196

For English:080-9346-2991     

For Korean:090-8448-2133

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