ACT ON DISCIPLINE OF PROSECUTORS
Act No. 438, Feb. 15, 1957
Amended by Act No. 1153, Sep. 24, 1962
Act No. 1573, Dec. 16, 1963
Act No. 3882, Dec. 31, 1986
Act No. 6082, Dec. 31, 1999
Act No. 7078, Jan. 20, 2004
Act No. 7427, Mar. 31, 2005
Act No. 8056, Oct. 27, 2006
Act No. 9817, Nov. 2, 2009
Act No. 12585, May 20, 2014
Act No. 13709, Jan. 6, 2016
Act No. 14581, Mar. 14, 2017
The purpose of this Act is to provide for matters necessary for disciplinary action against a public prosecutor.
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 2 (Grounds for Disciplinary Action) |
A public prosecutor falling under any of the following shall be subject to disciplinary action:
| 2. | Where he/she violates any of his/her official duties, or neglects any of his/her duties; |
| 3. | Where he/she commits any act detrimental to his/her prestige or dignity as a public prosecutor, regardless of whether it is related to his/her official duties. |
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 3 (Categories of Disciplinary Action) |
| (1) | Disciplinary action shall be classified into dismissal, removal, suspension from office, salary reduction, and reprimand. <Amended by Act No. 9817, Nov. 2, 2009> |
| (2) | Deleted. <by Act No. 8056, Oct. 27, 2006> |
| (3) | Suspension from office means suspending a public prosecutor from performing his/her official duties for a period of between not less than one month and not more than six months without remuneration. <Amended by Act No. 9817, Nov. 2, 2009> |
| (4) | Salary reduction means reducing a salary by not more than 1/3 for a period of between not less than one month and not more than one year. <Amended by Act No. 9817, Nov. 2, 2009> |
| (5) | Reprimand means having a public prosecutor reflect on a misconduct he/she has committed while engaging in his/her official duties. <Amended by Act No. 9817, Nov. 2, 2009> |
[This Article Wholly Amended by Act No. 1153, Sep. 24, 1962]
| Article 4 (Public Prosecutor Disciplinary Committee) |
| (1) | The Public Prosecutor Disciplinary Committee (hereinafter referred to as the "Committee") shall be established in the Ministry of Justice in order to deliberate on disciplinary action against public prosecutors. |
| (2) | The Committee shall be comprised of seven members including a chairperson with three reserve members. |
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 5 (Duties of Chairperson and Terms of Office of Members) |
| (1) | The Minister of Justice shall hold the office of chairperson. |
| (2) | Persons listed in each of the following subparagraphs shall become members: |
| 1. | The Vice Minister of Justice; |
| 2. | Two public prosecutors nominated by the Minister of Justice; |
| 3. | One person each commissioned by the Minister of Justice from among lawyers, professors of law, and persons having profound knowledge and experience. |
| (3) | Reserve members shall be nominated by the Minister of Justice from among public prosecutors. |
| (4) | The term of office of the members under paragraph (2) 3 shall be three years. |
| (5) | The chairperson shall have overall control over the affairs of the Committee, convene meetings and preside thereover. |
| (6) | When the chairperson is unable to perform his/her official duties due to inevitable circumstances, a member nominated by the chairperson shall act on his/her behalf, and the member nominated by the chairperson is unable to perform his/her official duties due to extenuating circumstances, the reserve member nominated by the chairperson shall act on his/her behalf. |
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 6 (Committee Officials) |
| (1) | The Committee shall have one secretary and several assistant secretaries. |
| (2) | The Director of the Prosecution Division Bureau in the Ministry of Justice shall hold the office of secretary, and assistant secretaries shall be appointed by the chairperson from among public officials of the Prosecution Division in the Prosecution Bureau. |
| (3) | The secretary and assistant secretaries shall engage in affairs concerning the preparation or preservation of documents related to disciplinary action upon receiving the order of the chairperson. |
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 7 (Requests for and Commencement of Disciplinary Action) |
| (1) | The Committee shall begin its deliberation on disciplinary action at the request of the Prosecutor General. |
| (2) | Where the Prosecutor General deems that a public prosecutor has committed an act falling under any subparagraph of Article 2, he/she shall make a request under paragraph (1). |
| (3) | Disciplinary action against a public prosecutor who is the Prosecutor General and imposition of disciplinary dues under Article 7-2 (hereinafter referred to as "disciplinary action, etc.") shall be requested by the Minister of Justice. <Amended by Act No. 12585, May 20, 2014> |
| (4) | A request for disciplinary action shall be made in writing to the Committee. |
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 7-2 (Disciplinary Dues) |
| (1) | Where any request for a disciplinary action is made by the Prosecutor General against a public prosecutor or by the Minister of Justice against a public prosecutor who is the Prosecutor General pursuant to Article 7, if the ground for such disciplinary action is acceptance of money, valuables, or entertainment, or embezzlement or misappropriation of public funds, the Committee shall be requested to adopt a resolution to impose disciplinary dues not exceeding five times the amount of money, valuables, or entertainment accepted or public funds embezzlement or misappropriation, in addition to the relevant disciplinary action. |
[This Article Newly Inserted by Act No. 12585, May 20, 2014]
| Article 7-3 (Request for Another Disciplinary Action, etc.) |
| (1) | Where any judgement on nullity or revocation of the dispositions of disciplinary actions, etc. is made for any of the following grounds, the Prosecutor General (referring to the Minister of Justice in the case of disciplinary action, etc. against a public prosecutor who is the Prosecutor General) shall request another disciplinary action, etc.: Provided, That he/she may decide not to request any disciplinary action, etc. with respect to a disposition of salary reduction or reprimand for which judgement has been made on its nullity or revocation due to the ground provided for in subparagraph 3: |
| 1. | Where there is any obvious defect in the application of any Act or subordinate statute, evidence, or investigation of facts; |
| 2. | Where there is any defect in the organization of the Committee, resolution of disciplinary actions, etc., or any other procedural defect; |
| 3. | Where any disciplinary action or disciplinary dues determined are excessive. |
| (2) | Where the Prosecutor General (referring to the Minister of Justice in the case of disciplinary action, etc. against a public prosecutor who is the Prosecutor General) intends to request the disciplinary action, etc. under paragraph (1), he/she shall make the request within three months from the date on which the judgment of the court becomes final and conclusive, and the Committee shall resolve in preference to other disciplinary cases. |
[This Article Newly Inserted by Act No. 12585, May 20, 2014]
| Article 7-4 (Verification of Grounds for Disciplinary Action of Public Prosecutors Desiring Retirement) |
| (1) | Where a public prosecutor desires to be retired, the Minister of Justice shall verify whether there exist any grounds for disciplinary action referred to in Article 2 at the Supreme Prosecutors’ Office. |
| (2) | Where the verification pursuant to paragraph (1) reveals any grounds for disciplinary action corresponding to dismissal or removal or suspension from office, the Prosecutor General (referring to the Minister of Justice in the case of disciplinary action against a public prosecutor who is the Prosecutor General) shall request disciplinary action, etc., without delay. |
| (3) | Where disciplinary action is requested pursuant to paragraph (2), the Committee shall make a decision on disciplinary action, etc. prior to other cases for disciplinary action. |
[This Article Newly Inserted by Act No. 14581, Mar. 14, 2017]
| Article 8 (Service of Duplicate on Discipline Accused Person and Suspension of Performance of His/Her Duties) |
| (1) | The Committee shall serve a discipline accused person with the duplicate of a request for disciplinary action. |
| (2) | The Minister of Justice may, if deemed necessary, order a discipline accused person to suspend the performance of his/her official duties. |
| (3) | The Prosecutor General may, when a request is expected to be made for disciplinary action against a public prosecutor under investigation due to reasons that constitute grounds for removal, dismissal or suspension from office and it is deemed evidently inappropriate for the public prosecutor to continue performing his/her official duties, request the Minister of Justice to order the public prosecutor to suspend the performance of his/her official duties. In such cases, when the Minister of Justice deems the request appropriate, he/she shall order the suspension of performance of duties for a period of not less than two months. <Amended by Act No. 13709, Jan. 6, 2016> |
| (4) | When the Minister of Justice deems it necessary for a fair investigation, he/she may order the public prosecutor whose performance of duties is suspended pursuant to paragraph (2) or (3) to wait in another Public Prosecutors’ Office or an agency under the jurisdiction of the Ministry of Justice in charge of survey and research for judicial administration for a period of up to two months. <Newly Inserted by Act No. 13709, Jan. 6, 2016> |
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 9 (Appearance of Discipline Accused Person) |
In receipt of a request for disciplinary action, the chairperson may fix a date for deliberation on the disciplinary action and may order a discipline accused person to appear on such date.
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 10 (Appearance and Examination of Discipline Accused Person) |
The Committee may start deliberation on the fixed date for deliberation and examine a discipline accused person concerning facts and other necessary matters upon a request for disciplinary action.
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 11 (Discipline Accused Person's Right to State and Submit Evidence) |
Where a discipline accused person appears on the fixed date for deliberation as ordered to do so by the chairperson, the discipline accused person may make an oral or written statement on facts in his/her defense and submit evidence.
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 12 (Appointment of Special Counsel) |
A discipline accused person may appoint a lawyer or person with the expertise and experience as a special counsel, and require him/her to make a supplementary statement or submit evidence.
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 13 (Testimony of Expert Witnesses, Examination of Witnesses, etc.) |
The Committee may, ex officio or at request of a discipline accused person or his/her special counsel, order the testimony of an expert witness, and examine a witness, and request an administrative agency or other agencies to make inquires about the fact thereof or to submit documents.
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 14 (Absence of Discipline Accused Person) |
Where a discipline accused person fails to appear on the fixed date for deliberation as ordered to do so by the chairperson, the Committee may deliberate on the basis of the submitted documents.
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 15 (Preliminary Examination) |
| (1) | If deemed necessary for the deliberation of a case, the Committee may designate a member to conduct a preliminary examination. |
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 16 (Right to Final Statement) |
The chairperson shall provide a discipline accused person who appears as ordered to do so by the chairperson and his/her special counsel with an opportunity to make a closing statement.
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 17 (Grounds for Exclusion) |
| (1) | The chairperson or any member shall not participate in the deliberation of a disciplinary case against himself/herself or a person who is or was his/her relative. |
| (2) | A person who has requested disciplinary action shall not participate in the deliberation of any case. |
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 18 (Resolution of Disciplinary Action) |
| (1) | The Committee shall, upon finishing the deliberation of a case, adopt a resolution for disciplinary action by the affirmative votes of a majority of all members. |
| (2) | The Prosecutor General may present his/her opinion to the Committee before adopting a resolution for disciplinary action under paragraph (1). |
| (3) | The chairperson may have a vote and have a deciding vote in the case of a tie. |
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 19 (Determination of Disciplinary Action) |
The Committee shall decide upon whether to take disciplinary action or the kind and degree of such disciplinary action, according to the seriousness of an act subject to disciplinary action, taking account of the ordinary behavior and performance record of a discipline accused person.
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 20 (Participation of Secretary and Preparation of Protocol) |
| (1) | The secretary shall participate in the deliberation on a case, prepare a protocol, and affix his/her signature and seal on the protocol together with the chairperson. |
| (2) | The secretary participating in preliminary examinations shall prepare a protocol, and affix his/her signature and seal on the protocol together with other members participating in the examination. |
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 21 (Decision on Absence of Suspicion) |
When the Committee resolves that a case has no grounds to impose disciplinary action, it shall close the case and inform the details thereof to a discipline accused person and a person who has requested disciplinary action.
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 22 (Preparation of Written Decision on Disciplinary Action) |
| (1) | When the Committee makes a decision on disciplinary action, a written decision shall be prepared, and signed and sealed by the chairperson and members participating in the deliberation. |
| (2) | A summary of a written decision on disciplinary action shall be served, respectively, on a person having authority to execute disciplinary action under Article 23, discipline accused person and person who has requested disciplinary action. |
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 23 (Execution of Disciplinary Action) |
| (1) | In executing disciplinary action, the Prosecutor General, Chief of High Public Prosecutor’s Office or Chief of District Public Prosecutor’s Office to which the public prosecutor subject to the disciplinary action belongs shall execute reprimand, and the President shall execute dismissal, removal, suspension from office, or salary reduction, upon the recommendation of the Minister of Justice. |
| (2) | When taking disciplinary action against any public prosecutor, it shall be published in the Official Gazette. |
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 24 (Suspension of Deliberation on Disciplinary Action) |
When an impeachment or prosecution is made in respect of the ground of disciplinary action, the deliberation on the disciplinary action shall be suspended until the case is closed: Provided, That evident proofs exist for the ground of the disciplinary action for which a prosecution is made, or the proceedings of a criminal trial do not proceed due to the insanity, disease, etc. of the discipline accused person, the deliberation on the disciplinary action may proceed.
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 25 (Prescription of Grounds for Disciplinary Action, etc.) |
| (1) | A request for disciplinary action, etc. shall not be made when three years (five years in cases of accepting money, valuables or entertainment, or embezzling or misappropriating public funds) elapse from the date on which a ground for disciplinary action, etc. comes into existence. |
| (2) | Where the period prescribed in paragraph (1) elapses or the remaining period is less than one month because the process of a disciplinary action was not able to proceed pursuant to the main sentence of Article 24, the period prescribed in paragraph (1) shall be deemed to expire on the date on which one month elapses from the date the case under Article 24 is closed. |
[This Article Wholly Amended by Act No. 12585, May 20, 2014]
| Article 26 (Application Mutatis Mutandis of the Criminal Procedure Act) |
[This Article Wholly Amended by Act No. 9817, Nov. 2, 2009]
| Article 27 Deleted. <by Act No. 9817, Nov. 2, 2009> |
ADDENDA
Article 28
This Act shall enter into force on the date of its promulgation.
Article 29
The Military Government Ordinance No. 116 (Public Prosecutor Discipline Ordinance) is hereby repealed.
ADDENDUM <Act No. 1153, Sep. 24. 1962>
This Act shall enter into force 30 days after the date of its promulgation.
ADDENDUM <Act No. 1573, Dec. 16. 1963>
ADDENDA <Act No. 3882, Dec. 31. 1986>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDA <Act No. 6082, Dec. 31. 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7078, Jan. 20. 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ...
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8056, Oct. 27, 2006>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9817, Nov. 2, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation |
| (2) | (Transitional Measures concerning Extension of Prescription of Disciplinary Action) A person who has grounds to be subject to disciplinary action before this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 25. |
ADDENDA <Act No. 12585, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 7-3 shall enter into force three months after the date of its promulgation. Articles 2 (Applicability concerning Disciplinary Dues)
The amended provisions of Article 7-2 shall apply where a ground for disciplinary action comes into existence after this Act enters into force. Articles 3 (Request for Another Disciplinary Action, etc.)
The amended provisions of Article 7-3 shall apply where the judgment of nullity or revocation of a disciplinary action, etc. is made after the same amended provisions enter into force. Articles 4 (Prescription of Grounds for Disciplinary Action, etc.)
The amended provisions of Article 25 shall apply where the period of prescription of grounds for disciplinary action, etc. expires after this Act enters into force.
ADDENDUM <Act No. 13709, Jan. 6, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14581, Mar. 14, 2017>
This Act shall enter into force on the date of its promulgation.