PUBLIC-SERVICE JUDGE ADVOCATES ACT
Act No. 4836, Dec. 31, 1994
Amended by Act No. 5453, Dec. 13, 1997
Act No. 9810, Nov. 2, 2009
Act No. 11849, jun. 4, 2013
Act No. 14102, Mar. 29, 2016
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to require a public-service advocate to provide residents in areas scarcely enjoying the benefits of legal aid with substantial legal aid, to effectively support the affairs of litigations, etc. of the State and local governments, and to provide for special provisions under the State Public Officials Act concerning personnel affairs and provision of services applicable to public-service advocates. <Amended by Act No. 14102, Mar. 29, 2016> [This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
The definitions of terms used in this Act are as follows: <Amended by Act No. 14102, Mar. 29, 2016>
| 1. | The term "public-service advocate" means a person enlisted as a public-service advocate under Article 34-6 (1) of the Military Service Act and ordered by the Minister of Justice to be engaged in legal aid, or affairs of state litigations, etc.; |
| 2. | The term "legal aid" means a form of assistance pursuant to the Legal Aid Act, such as legal counsel, legal representation, or support for other legal affairs, provided for those who cannot afford to have legal protection because of their indigence or ignorance of law by any of the juristic persons or agencies referred to in the following items: |
| (a) | A juristic person prescribed by Presidential Decree; |
| (b) | The Ministry of Justice and its affiliated agencies and the Public Prosecutor’s Offices at all levels; |
| 3. | The term "affairs of state litigations, etc." means support for an action in which the State is a party or intervenor, or an administrative proceeding (including cases where an administrative agency is an intervenor) and legal affairs necessary for the performance of affairs for public purpose, such as legal advice; |
| 4. | The term "agencies at all levels" means the juristic person under item (a) and agencies under item (b) of subparagraph 2. |
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
CHAPTER II TRAINING AND ASSIGNMENT OF PUBLIC-SERVICE ADVOCATES
A public-service advocate shall be a public official in a fixed term position under Article 26-5 of the State Public Officials Act who is under the jurisdiction of the Ministry of Justice. <Amended by Act No. 14102, Mar. 29, 2016> [This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
| Article 4 (Notification, etc. of List of Names) |
| (1) | The Minister of Justice shall determine the number of public-service advocates required each year in advance through consultation with the Commissioner of the Military Manpower Administration and request the budget based on the number of public-service advocates determined accordingly. |
| (2) | The Commissioner of the Military Manpower Administration shall promptly notify a list of the names of those enlisted as public-service advocates under Article 34-6 (1) of the Military Service Act to the Minister of Justice as soon as they are enlisted. |
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
| Article 5 (Order for Service, etc.) |
| (1) | The Minister of Justice shall, when he/she is notified of a list of names under Article 4 (2), muster those enlisted as a public-service advocate without delay, and conduct training necessary for carrying out their duties. The Minister of Justice shall appoint those who finish the training with good results as public-service advocates, and order them to perform their duties in legal aid, or affairs of state litigations, etc. by specifying agencies at all levels and areas to serve, as prescribed by Presidential Decree; Provided, That a person who submits an application for postponement of training for public-service advocates, as prescribed by Presidential Decree, may be appointed as a public-service advocate even prior to the training, where necessary. <Amended by Act No. 14102, Mar. 29, 2016> |
| (2) | The Minister of Justice shall, without delay, notify to the Commissioner of the Military Manpower Administration a list of names of those who fail to receive the training without justifiable grounds, those who are appointed or not appointed as a public-service advocate among those enlisted as pubic-service advocates, and to the heads of relevant agencies at all levels a list of names of those who are appointed as public-service advocates. |
| (3) | Matters necessary for training and the order for service under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
| Article 6 (Change, etc. of Agency of Service) |
The Minister of Justice may, if deemed necessary, change the agency at all levels or place of service where a public-service advocate serves his duties.
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
| Article 7 (Disqualification) |
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
CHAPTER III SERVICE AND REMUNERATION
| Article 8 (Period of Compulsory Service) |
| (1) | The period of compulsory service for a public-service advocate shall be three years. |
| (2) | A public-service advocate who has completed the period of compulsory service under paragraph (1) shall be deemed to have completed the service as social work personnel under Article 34-6 (2) of the Military Service Act. <Amended by Act No. 11849, Jun. 4, 2013> |
| (3) | The Minister of Justice shall notify a list of names of the public-service advocates who have completed a period of compulsory service to the Commissioner of the Military Manpower Administration. |
| (4) | Matters necessary for the calculation of the period of compulsory service, such as the initial date for reckoning the period of compulsory service, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
| Article 9 (Scope of Service) |
Public-service advocates may not be engaged in affairs, other than legal aid, affairs of state litigations, etc., and other affairs provided for in any Act. <Amended by Act No. 14102, Mar. 29, 2016>
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
| Article 10 (Prohibition of Desertion from Place of Service) |
A public-service advocate shall perform his duties faithfully and shall not desert from his place of service without the permission of the heads of agencies at all levels or any justifiable grounds.
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
| Article 11 (Supervision of Service) |
The Minister of Justice shall instruct and supervise public-service advocates in their service.
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
| Article 12 (Reporting, etc. on Violation of Duties) |
Where a public-service advocate falls under any of the following subparagraphs, the heads of agencies at all levels shall report it without delay to the Minister of Justice, stating the reason therefor in detail:
| 2. | Where he is disqualified or suspended as an attorney-at-law; |
| 3. | Where he becomes unable to serve his duties due to physical or mental disability or unknown whereabouts; |
| 4. | Where he is indicted in a criminal case; |
| 5. | Where he violates or neglects this Act, orders issued under this Act, or other official duties. |
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
| Article 13 (Report on Evaluation of Service Status) |
The heads of agencies at all levels shall evaluate the status of service and performance records of each public-service advocate and report it to the Minister of Justice within one month after the end of each half year term.
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
| Article 14 (Remuneration, etc.) |
| (1) | Public-service advocates shall be paid with remuneration, travel expenses, etc. incurred in carrying out their duties within the limit of remuneration for military personnel. |
| (2) | Standards, etc. for remuneration under paragraph (1) shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
CHAPTER IV DISPOSITION OF STATUS
| Article 15 (Disqualification) |
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
| Article 16 (Deprivation of Status) |
Where a public-service advocate falls under any of the following subparagraphs, the Minister of Justice may ex officio deprive him of his status: Provided, That in cases where the public-service advocate falls under any of subparagraphs 1 through 3, the Minister of Justice shall ex officio deprive him of his status:
| 1. | Where he is disqualified or suspended as an attorney-at-law; |
| 2. | Where a person who is appointed as a public-service advocate prior to training pursuant to the proviso to Article 5 (1) fails to comply with a muster for training after appointment without justifiable grounds; |
| 3. | Where he deserts from his place of service and fails to perform his duties for a total period of at least eight days without justifiable grounds, in violation of Article 10; |
| 4. | Where he is unable to return to his service or to handle his service respectively within one year due to physical or mental disability, or within three months due to his unknown whereabouts; |
| 5. | Where it is inappropriate for him to serve as a public-service advocate because he is indicted in a criminal case; |
| 6. | Where it is inappropriate for him to serve as a public-service advocate because he violates this Act, an order issued under this Act, or other official duties, or his performance record is particularly poor. |
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
| Article 17 (Extension, etc. of Period of Service) |
| (1) | Where a public-service advocate fails to perform his duties for at least one month due to the grounds, other than official duties, such as long-term hospitalization, medical treatment, the Minister of Justice may require the public-service advocate to serve his duties by extending the period equivalent thereto: Provided, That this shall not apply to cases where a public-service advocate is deprived of his status due to the grounds provided for in subparagraph 4 of Article 16. <Amended by Act No. 14102, Mar. 29, 2016> |
| (2) | Where a public-service advocate violates or neglects this Act, an order issued under this Act, or other official duties, the Minister of Justice may prolong his service by the period corresponding to such ground, reduce his remuneration by not more than 1/3, or reprimand him: Provided, That this shall not apply to cases where a public-service advocate is deprived of his status due to the grounds under subparagraphs 2, 3, 5, and 6 of Article 16 and where a public-service advocate is to serve for an extended period under of Article 35-2 (2) of the Military Service Act because he deserts from his place of service or he fails to perform his duties for a total period of not more than seven days without justifiable grounds. |
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
The Minister of Justice shall hold a hearing, when he intends to deprive a public-service advocate of his status in accordance with Article 16. [This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
| Article 19 (Notification of Disposition of Status) |
The Minister of Justice shall, when a public-service advocate is disqualified or deprived of his status, notify such fact to the Commissioner of the Military Manpower Administration without delay.
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 20 (Registration, etc.) |
| (1) | Notwithstanding Article 7 of the Attorney-at-Law Act, a public-service advocate may carry out the affairs prescribed by this Act as an attorney-at-law without registering his qualification as an attorney-at-law. |
| (2) | The court may ex officio appoint a public-service advocate as a counsel. |
[This Article Wholly Amended by Act No. 9810, Nov. 2, 2009]
| Article 21 (Delegation or Entrustment of Authority) |
| (1) | The authority of the Minister of Justice prescribed in this Act may be delegated or entrusted in part to the heads of agencies at all levels, as prescribed by Presidential Decree. |
| (2) | The authority of the representative of a juristic person under subparagraph 2 (a) of Article 2 may be delegated or entrusted in part to the head of the agency for which a public-service advocate works, as prescribed by Presidential Decree. |
| (3) | The representative of a juristic person under subparagraph 2 (a) of Article 2 may re-delegate or re-entrust part of the authority entrusted by the Minister of Justice pursuant to paragraph (1) to the head of the agency for which a public-service advocate works, after obtaining the approval of the Minister of Justice. |
[This Article Wholly Amended by Act No. 14102, Mar. 29, 2016]
ADDENDUM
This Act shall enter into force on January 1, 1995.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 9810, Nov. 2, 2009>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2, 4 (2), 8 (2) and 21 shall enter into force on December 10, 2009.
ADDENDA <Act No. 11849, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14102, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Examination of Extension of Period of Service of Public-Service Advocate)
Notwithstanding the amended provisions of the main sentence of Article 17 (1), previous provisions shall apply to a public-service advocate who fails to perform his duties for at least one month due to the grounds, other than official duties, such as long-term hospitalization, medical treatment, etc., at the time this Act enters into force. Article 3 Omitted.