ACT ON LITIGATION TO WHICH THE STATE IS A PARTY
Wholly Amended by Act No. 3466, Dec. 17, 1981
Amended by Act No. 3563, Nov. 29, 1982
Act No. 4201, Jan. 13, 1990
Act No. 4835, Dec. 31, 1994
Act No. 5427, Dec. 13, 1997
Act No. 5587, Dec. 28, 1998
Act No. 9359, Jan. 30, 2009
The purpose of this Act is to prescribe matters necessary for the performance of litigation in which the State is a party or an intervenor and administrative litigation (including cases in which administrative authority is an intervenor; hereinafter the same shall apply), thereby ensuring the efficient performance of litigation and reasonable regulation of litigation affairs.
[This Article Wholly Amended by Act No. 9359, Jan. 30, 2009]
| Article 2 (Representative of State) |
In cases of litigation in which the State is a party or an intervenor (here- inafter referred to as "state litigation"), the Minister of Justice shall represent the State.
[This Article Wholly Amended by Act No. 9359, Jan. 30, 2009]
| Article 2-2 (Scope of Administrative Authority) |
For the purpose of applying this Act, administrative authority shall include administrative agencies, public organizations and their agencies or other individuals with authority delegated or consigned under relevant Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 9359, Jan. 30, 2009]
| Article 3 (Designation of State Litigation Performers and Appointment of Litigation Representatives) |
| (1) | The Minister of Justice may designate staff of the Ministry of Justice, public prosecutors of the prosecutors' office at each level (hereinafter referred to as "public prosecutors") or public-service advocates determined under the Public-Service Advocates Act (hereinafter referred to as "public- service advocates") and have them perform the state litigation. |
| (2) | In cases where it is deemed necessary for any state litigation related to matters which the administrative authority manages or supervises, the Minister of Justice may, after considering the opinion of the head of the administrative authority concerned, designate staff of the administrative authority and have them perform the litigation concerned. |
| (3) | Any person designated under paragraph (2) shall be under the directions of the Minister of Justice in relation to the litigation concerned. |
| (4) | The Minister of Justice may appoint attorneys-at-law as litigation representatives and have them perform the state litigation. |
[This Article Wholly Amended by Act No. 9359, Jan. 30, 2009]
| Article 4 (Presentation of Opinion) |
The Minister of Justice, in relation to state litigation and administrative litigation that have an important bearing on the national interest or public welfare, may present a judicial opinion to the court with the permission of such court, or may designate the staff of the Ministry of Justice, public prosecutors or public-service advocates and have them present their opinions.
[This Article Wholly Amended by Act No. 9359, Jan. 30, 2009]
| Article 5 (Designation of Administrative Litigation Performers and Appointment of Litigation Representatives) |
| (1) | The head of the administrative authority may designate staff of the authority concerned or staff of its superior administrative authority (in such cases, he/she shall obtain approval of the head of the superior authority concerned in advance) and have them perform the administrative litigation. |
| (2) | The head of the administrative authority may appoint attorneys-at- law as litigation representatives and have them perform the administrative litigation. |
[This Article Wholly Amended by Act No. 9359, Jan. 30, 2009]
| Article 6 (Direction of Minister of Justice to Head of Administrative Authority) |
| (1) | In the performance of the administrative litigation, the head of the administrative authority shall be under the directions of the Minister of Justice. |
| (2) | In cases where the Minister of Justice deems it necessary for the administrative litigation, he/she may designate staff of the Ministry of Justice, public prosecutors or public-service advocates and have them perform such litigation, and may instruct the head of the administrative authority to dismiss persons designated or appointed by the head of the administrative authority pursuant to Article 5 (1) or (2). |
[This Article Wholly Amended by Act No. 9359, Jan. 30, 2009]
| Article 7 (Authority of Designated Representatives) |
Any person designated by the Minister of Justice, the chief of prosecutors' office at each level (this shall be confined to cases where the authority is delegated under the provisions of Article 13) or the head of the administrative authority pursuant to Article 3 (1) and (2), 5 (1) or 6 (2) may conduct all judicial acts except the appointment of representatives in relation to such litigation. [This Article Wholly Amended by Act No. 9359, Jan. 30, 2009]
| Article 8 (Appointment of Litigation-Superintendent) |
| (1) | The head of a central administrative agency shall appoint one litigation-superintendent, who shall manage the relevant litigation affairs, from among the staff of not lower than the Grade IV of his/her office who take charge of legal and litigation affairs under conditions prescribed by Presidential Decree. |
| (2) | The litigation-superintendent shall be under the directions of the Minister of Justice in relation to the relevant litigation affairs. |
| (3) | The litigation-superintendent shall direct and supervise the staffs of agencies designated as litigation performers in relation to litigation of the agencies concerned. |
[This Article Wholly Amended by Act No. 9359, Jan. 30, 2009]
| Article 9 (Subject to Service) |
| (1) | In cases of state litigation, documents to be served to the State shall be served to the chief of the public prosecutors' office corresponding to a court of the litigation (in cases where a court of the litigation is a branch of the district court, referring to the district public prosecutors' office): Provided, That where a case is brought to a district court (including a branch which belongs to the district court) within the place of the high public prosecutors' office, documents shall be served to the head of the high public prosecutors' office. |
| (2) | In cases where there are litigation performers or litigation representatives, documents shall be served to them, notwithstanding paragraph (1). |
[This Article Wholly Amended by Act No. 9359, Jan. 30, 2009]
| Article 10 (Procedure for Voluntary Payment) |
In cases where the State intends to make a voluntary payment, after a claim for payment of money has been decided against the State in state litigation, the agency, procedure, method of payment and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9359, Jan. 30, 2009]
| Article 11 (Appropriation for Litigation Costs) |
| (1) | Appropriation for costs of state litigation shall be integrated into the budget under the control of the Ministry of Justice. |
| (2) | Costs related to matters or businesses managed under special accounts from among costs of state litigation shall be treated as annual revenues accrued to general accounts under the control of the Ministry of Justice from the relevant special accounts pursuant to a notice to that effect issued by a revenue collector of the Ministry of Justice. |
[This Article Wholly Amended by Act No. 9359, Jan. 30, 2009]
| Article 12 (Application Mutatis Mutandis to Conciliation Cases) |
The provisions of Articles 2 through 8 shall apply mutatis mutandis to conciliation cases, arbitration cases and other non-contentious litigation cases. [This Article Wholly Amended by Act No. 9359, Jan. 30, 2009]
| Article 13 (Delegation of Authority) |
The Minister of Justice may delegate a part of his authority prescribed in Articles 3, 6 and 8 (2) to the Prosecutor General, the chief public prosecutor of the high public prosecutors' office, or the chief public prosecutor of the district public prosecutors' office under conditions prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 9359, Jan. 30, 2009]
| Article 14 Deleted.<by Act No. 9359, Jan. 30, 2009> |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on February 1, 1982. |
| (2) | (Repeal of Act) The Act on the Costs of Litigation to Which the State is a Party shall be repealed. |
ADDENDUM<Act No. 3563, Nov. 29, 1982>
This Act shall enter into force on January 1, 1983.
ADDENDA<Act No. 4201, Jan. 13, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 1990.
Articles 2 through 8 Omitted.
ADDENDUM<Act No. 4835, Dec. 31, 1994>
This Act shall enter into force on January 1, 1995.
ADDENDUM<Act No. 5427, Dec. 13, 1997>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 5587, Dec. 28, 1998>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 9359, Jan. 30, 2009>
This Act shall enter into force on the date of its promulgation.