Government legislation ministry rules pre-degree real estate work fails expert criteria

The government legislation ministry said Wednesday that individuals who worked in real estate for less than three years before obtaining a master's degree do not meet the legal requirements to be classified as development professionals. The ruling clarifies that the reduced experience threshold applies only to work performed after the advanced degree is conferred.

The inquiry involved a person who held a licensed real estate agent qualification and had accumulated between two and three years of industry experience prior to earning a master's degree in a related field. Under current regulations, professionals with a bachelor's degree typically require three years of post-qualification experience, while those with a master's degree need only two years.

In its response dated July 8 regarding case number 26-0403, the ministry stated that such candidates cannot be considered to have met the professional manpower requirements under the enforcement decree of the Act on the Management and Promotion of Real Estate Development. The interpretation emphasizes that the provision reducing the requirement from three years to two is strictly an exception regarding the duration of service, not the timing of when that service occurs. Consequently, the regulation mandates that the two years of experience must be accrued specifically after obtaining the master's degree.

Officials noted that the distinction ensures professionals possess higher levels of knowledge and expertise before taking responsibility for development projects, thereby protecting public property rights. The agency cited previous precedents, including a 2020 interpretation, to support the view that career periods before and after obtaining an advanced degree must be treated separately to secure responsible personnel.

While the ministry's interpretations serve as guidelines for uniform executive enforcement, they do not carry the same legal binding force as a final court judgment.