ACT ON APPOINTMENT OF JUDGE ADVOCATES
Wholly Amended by Act No. 6291, Dec. 26, 2000
Amended by Act No. 6436, Mar. 28, 2001
Act No. 11165, Jan. 17, 2012
The purpose of this Act is to prescribe matters necessary for qualifications and examinations for persons to be appointed as military advocates and the remuneration of military advocates and their qualifications for attorneys.
[This Article Wholly Amended by Act No. 11165, Jan. 17, 2012]
The term "military advocates" in this Act means officers assigned to the department of judicial affairs of the Army, the Navy, or the Air Force.
[This Article Wholly Amended by Act No. 11165, Jan. 17, 2012]
| Article 3 (Qualification for Appointment) |
Military advocates shall be appointed from among following persons:
| 1. | A person who has completed the required curriculum of the Judicial Research and Training Institute after passing the examination for appointment of military advocates; |
| 2. | A person qualified for a judge, public prosecutor, or attorney; |
| 3. | A person who has completed the required curriculum of the Judicial Research and Training Institute after passing the Korean Bar Examination. |
[This Article Wholly Amended by Act No. 11165, Jan. 17, 2012]
| Article 4 (Grounds for Disqualification) |
None of the following persons shall be appointed as military advocates:
| 2. | A person sentenced to imprisonment without prison labor or severer punishment. |
[This Article Wholly Amended by Act No. 11165, Jan. 17, 2012]
| Article 5 (Examinations for Appointment of Military Advocates) |
| (1) | An examination for appointment of military advocates shall be conducted as prescribed by Acts and subordinate statutes concerning the Korean Bar Examination, but matters necessary for the age limit and physical examination shall be prescribed by Presidential Decree. |
| (2) | A probationary military advocate shall be appointed from among persons who have passed an examination for appointment of military advocates, and matters necessary for the appointment of probationary military advocates shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11165, Jan. 17, 2012]
| Article 6 (Remuneration of Military Advocates) |
Remuneration and other benefits paid to military advocates shall be equivalent to those of judges and public prosecutors, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11165, Jan. 17, 2012]
| Article 7 (Military Advocate's Qualification for Attorney) |
Any military advocate shall be qualified for an attorney as prescribed in Article 4 of the Attorney-at-Law Act from the time when he/she is appointed as a military advocate: Provided, That when a person appointed as a military advocate under subparagraph 1 of Article 3 is discharged from military service without fulfilling the term of service of ten years since he/she was appointed as a probationary military advocate (excluding cases where a person unfit for the active service and falling under Article 37 (1) 1 of the Military Personnel Management Act is discharged from the active service through deliberation of the Discharge Deliberative Committee in each armed force, and it is confirmed by the Minister of National Defense that his discharge is caused by a disease or injury incurred in line of duties), he/she shall be disqualified for an attorney from that time. [This Article Wholly Amended by Act No. 11165, Jan. 17, 2012]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (3) | (Relations with Other Acts and Subordinate Statutes) Where other Acts and subordinate statutes quote the Appointment of Military Advocates Act at the time this Act enters into force, the Act on the Appointment, etc. of Military Advocates Act shall be deemed to be quoted in lieu thereof. |
ADDENDA<Act No. 6436, Mar. 28, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 11165, Jan. 17, 2012>
This Act shall enter into force on the date of its promulgation.