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ENFORCEMENT DECREE OF THE ACT ON LITIGATION TO WHICH THE STATE IS A PARTY

Wholly Amended by Presidential Decree No. 10765, Mar. 17, 1982

Amended by Presidential Decree No. 14527, Feb. 18, 1995

Presidential Decree No. 15634, Feb. 19, 1998

Presidential Decree No. 19513, jun. 12, 2006

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 27582, Nov. 15, 2016

 Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Act on Litigation to Which the State is a Party (hereinafter referred to as the "Act") and other necessary matters for their enforcement. <Amended by Presidential Decree No. 27582, Nov. 15, 2016>
 Article 2 (Limitations in Delegation of Authority)
The Minister of Justice shall delegate authority under the provisions of Articles 3 and 6 of the Act to the Prosecutor General, the chiefs of the high prosecutors' offices and the chiefs of the district prosecutors' offices (hereinafter referred to as the "chief of the prosecutors' office at each level") according to the following classifications: Provided, That this shall not apply to authority concerning litigation cases under Article 5 of the Act in which the Minister of Justice is a defendant: <Amended by Presidential Decree No. 15634, Feb. 19, 1998>
Persons with delegated authoritiesLimitations of delegation
Prosecutor GeneralCases under Articles 2, 5 and 12 of the Act which are pending in the Supreme Court
Chief of the high prosecutor's officeCases under Articles 2, 5 and 12 of the Act which are pending in high courts having the same extent of jurisdiction and those under Articles 2, 5 and 12 of the Act within the jurisdiction of a patent court, an administrative court, and a district court or its branch court in a place where a relevant high prosecutor's office is located
Chief of the district prosecutor's officeCases under Articles 2, 5 and 12 of the Act within the jurisdiction of district courts or their branch courts having the same extent of jurisdiction
 Article 3 (Restriction of Cases to Be Delegated)
The chiefs of prosecutors' offices at each level shall obtain the approval of the Minister of Justice, the Prosecutor General or the chief of high prosecutors' office according to the value of the claims in the litigation as prescribed by the Ordinance of the Ministry of Justice when he wishes to take such procedural acts as the institution or withdrawal of a lawsuit, settlement out of court, waiver and recognition of claims, or appointment and dismissal of attorney with regard to those litigation cases where the value of claims in the litigation exceed the amount determined by the Ordinance of the Ministry of Justice from among the litigation cases under his authority under the provisions of Article 2.
 Article 4 (Litigation-Superintendent)
(1) The term "head of a central administrative agency" in Article 8 (1) of the Act means the head of the central administrative agency under the provisions of Article 2 of the Government Organization Act.
(2) In case of an appointment of a litigation-superintendent, the head of central administrative agency shall, without delay, notify the Minister of Justice.
(3) The litigation-superintendent shall oversee the following matters with respect to the litigation by the agencies concerned:
1. Investigation, study, analysis and formulation of responses concerning the litigation administration;
2. Command, supervision and education of the litigation performers;
3. Command and supervision of the execution of any state litigation;
4. Preparation of data concerning the allocation budget for voluntary performance of obligations;
5. Preparation and maintenance of litigation statistics;
6. Reports on litigation affairs; and
7. Other matters related to litigation affairs.
 Article 5 (Performance of State Litigation)
(1) In case of the state litigation, the chiefs of the prosecutors' offices at each level shall designate prosecutors or public-service advocates and have them perform the litigation: Provided, That if it is deemed necessary, upon the recommendation of the head of the administrative agency concerned, the staff of the administrative agency may be designated and jointly perform the litigation with a litigation performer who is a prosecutor or public-service advocate. <Amended by Presidential Decree No. 14527, Feb. 18, 1995>
(2) In the event of civil cases on merits and civil cases on request where the value of claims in the litigation falls below the amount prescribed by the Ordinance of the Ministry of Justice, the chief of the prosecutors' office at each level may designate only the staff of the administrative agency concerned and have them perform the litigation under their direction.
 Article 6 (Performance of Administrative Litigation)
(1) Any administrative litigation cases falling under any of the following subparagraphs (hereinafter referred to as "jointly performed cases") shall be jointly performed by prosecutors or public-service advocates and staffs of the administrative agencies concerned: <Amended by Presidential Decree No. 14527, Feb. 18, 1995; Presidential Decree No. 19513, Jun. 12, 2006>
1. Tax imposition cases where the amount of the tax levied exceeds the amount prescribed by the Ordinance of the Ministry of Justice;
2. Cases concerning the status of public officials in general service of Grade III or higher (including public officials in general service belonging to the Senior Civil Service), local public officials or other equivalent public officials about which the Minister of Justice recognizes the need for the jointly performed cases;
3. Cases concerning decisions on corrective or disciplinary actions and compensation decisions at the request of the Board of Audit and Inspection; and
4. Cases which could have a significant impact on the government policies or could attract a significant attention to such a degree that the Minister of Justice recognizes the need for the jointly performed cases.
(2) Administrative litigation cases which do not fall under paragraph (1) (hereinafter referred to as "directed cases") shall be performed by the performer of the responsible administrative agency under the direction of the chief of the prosecutors' office (hereinafter referred to as the "responsible prosecutors' office") corresponding to the court of jurisdiction.
(3) Where the head of an administrative agency receives the service of a complaint concerning administrative litigation cases from a competent patent court, administrative court or district court, he shall without delay designate litigation performers or appoint attorneys and notify or report such designation or appointment to the chief of a high prosecutors' office or district prosecutors' office of the first instance. <Amended by Presidential Decree No. 15634, Feb. 19, 1998>
(4) The chief of a high prosecutors' office or district prosecutors' office of the first instance who has received the report or notification of the institution of litigation under the provisions of paragraph (3) shall designate prosecutors or public-service advocates as litigation performers with respect to the jointly performed cases and shall have prosecutors or public-service advocates direct the litigation performers of the responsible administrative agencies with respect to the command of cases. <Amended by Presidential Decree No. 14527, Feb. 18, 1995; Presidential Decree No. 15634, Feb. 19, 1998>
 Article 7 (Designation, etc. of Litigation Performers)
(1) The chiefs of prosecutors' offices at each level shall designate prosecutors or public-service advocates as litigation performers from prosecutors under their command (in case of district prosecutors' office, prosecutors of branch offices are included) or from public-service advocates working in the prosecutors' office concerned (in cases of district prosecutors' offices, public-service advocates working in the branch offices are included). <Amended by Presidential Decree No. 14527, Feb. 18, 1995>
(2) In case it is deemed necessary for the performance of cases under their authority, the Prosecutor General and the chief of the high prosecutors' office may designate prosecutors at a lower level or public-service advocates working in a lower office as litigation performers. <Amended by Presidential Decree No. 14527, Feb. 18, 1995>
(3) The chiefs of the prosecutors' offices at each level or the heads of the administrative agencies shall submit to the court a letter of designation or power of attorney in case of designation of litigation performers or appointment of attorneys, and a letter of dismissal in case of dismissing the litigation performers or attorneys.
 Article 8 (Matters to Be Observed by Litigation Performers, etc.)
Litigation performers and attorneys shall observe the directives and guidelines stated in the letter of designation and power of attorney.
 Article 9 (Cooperation with Administrative Agencies Concerned)
Prosecutors, public-service advocates, or the staffs of the administrative agencies who perform the state litigation or administrative litigation may request the heads of the administrative agencies concerned through the chiefs of prosecutors' offices or the heads of the administrative agencies to which they belong for information necessary for the performance of litigation. <Amended by Presidential Decree No. 14527, Feb. 18, 1995>
 Article 10 (Report of Judgement)
Where the head of an administrative agency has received the service of a judgement concerning the administrative litigation, he shall without delay notify or report to the head of the prosecutors' office concerned to that effect.
 Article 11 (Transfer of and Enforcement with Title of Execution)
(1) Upon receipt of a title of execution in relation to any state litigation, the chief of a high prosecutors' office or district prosecutors' office of the first instance shall without delay transfer such title of execution to a head of the responsible administrative agency. <Amended by Presidential Decree No. 15634, Feb. 19, 1998; Presidential Decree No. 27582, Nov. 15, 2016>
(2) Upon receipt of a request by the head of the responsible administrative agency for enforcement of the judgement with a title of execution in relation to the state litigation, the chief of a high prosecutors' office or district prosecutors' office of the first instance may require prosecutors under his/her command or public-service advocates working in the prosecutors’ office concerned to enforce the judgement with the title of execution. <Amended by Presidential Decree No. 14527, Feb. 18, 1995; Presidential Decree No. 15634, Feb. 19, 1998; Presidential Decree No. 27582, Nov. 15, 2016>
 Article 12 (Cases with Final Judgement)
(1) The chief of a high prosecutors' office or district prosecutors' office of the first instance, shall review the litigation records of the case and decide whether to exercise the right of recourse, subsequent to consultation with the head of the responsible administrative agency, when the final judgement in the state litigation is rendered. <Amended by Presidential Decree No. 15634, Feb. 19, 1998>
(2) The chief of a high prosecutors' office or district prosecutors' office of the first instance, shall pay the cost of litigation to be paid to the other party in case of a judgement against the State in accordance with the original copy of a final judgement of litigation cost. <Amended by Presidential Decree No. 15634, Feb. 19, 1998>
(3) The chief of a high prosecutors' office or district prosecutors' office of the first instance, shall have the head of the responsible administrative agency collect the cost of litigation to be collected by the State in case of a judgement in favour of the State upon a final judgement of litigation cost. <Amended by Presidential Decree No. 15634, Feb. 19, 1998>
 Article 13 (Procedure for Voluntary Performance of Obligation)
(1) The payment agency under the provisions of Article 10 of the Act shall be as follows: <Amended by Presidential Decree No. 15634, Feb. 19, 1998>
1. The chief of a high prosecutors' office or district prosecutors' office of the first instance with respect to case of compensation for damages under the State Compensation Act: Provided, That it shall be the Minister of National Defense, with respect to cases belonging to the special compensation review committee and its regional compensation committee; and the head of the administrative agency for each special account, with respect to the cases belonging to the special accounts; and
2. The head of the responsible administrative agency with respect to cases of monetary payment other than cases under subparagraph 1.
(2) Any person who wishes to obtain the voluntary performance of an obligation shall submit a request for the voluntary performance of an obligation along with the documents determined by the Ordinance of the Ministry of Justice to any of the payment agency under the provisions of paragraph (1) above.
(3) The payment agency which has received the request for the voluntary performance of an obligation under the provisions of paragraph (2) shall pay the amount within one week (for the cases belonging to the special accounts, within two weeks) from the date of reception.
 Article 14 (Negligence in Litigation)
(1) The head of the prosecutors' office at each level shall without delay report to the Minister of Justice and notify the litigation-superintendent of the negligence, if any, on the part of any litigation performer who is designated by them or who is involving any litigation case under their command.
(2) The litigation-superintendent may propose disciplinary actions against the litigation performer concerned to a head of an administrative agency to which he belongs upon receipt of notification under the provisions of paragraph (1).
 Article 15 (Direction and Supervision, etc. of Affairs of Litigation Performance)
The Minister of Justice and the chiefs of prosecutors' offices at each level, may confirm whether the administrative agencies concerned settle affairs relevant to the performance of any state litigation and administrative litigation, etc., and may direct and instruct them in necessary matters.
[This Article Newly Inserted by Presidential Decree No. 15634, Feb. 19, 1998]
 Article 15-2 (Establishment, Operation, etc. of National Database System on Litigation)
(1) The Minister of Justice may establish and operate a national database system on litigation to efficiently perform and systematically mange the affairs related to state litigations and administrative litigations.
(2) The Minister of Justice (including the person to whom the authority of the Minister of Justice is delegated pursuant to Article 13 of the Act) may request the heads of competent administrative agencies to handle the affairs related to state litigations and administrative litigations through the national database system on litigation.
[This Article Newly Inserted by Presidential Decree No. 27582, Nov. 15, 2016]
 Article 16 (Management of Personally Identifiable Information)
(1) The Minister of Justice (including the person to whom the authority of the Minister of Justice is delegated pursuant to Article 13 of the Act) may manage data including sensitive information referred to in Article 23 of the Personal Information Protection Act and resident registration numbers, driver’s license numbers, or alien registration numbers referred to in Article 19 of the Enforcement Decree of that Act if it is essential for performing the following:
1. Affairs concerning conducting and directing state litigations under Articles 2 and 3 of the Act;
2. Affairs concerning conducting and directing administrative litigations under Article 6 of the Act;
3. Affairs concerning voluntary payments under Article 10 of the Act;
4. Affairs concerning conducting and directing conciliation cases, arbitration cases and other non-contentious cases under Article 12 of the Act;
5. Affairs concerning transferring titles of execution and enforcing judgements with such titles of execution under Article 11;
6. Affairs concerning handling finally determined cases under Article 12;
7. Affairs concerning confirming the actual status of administrative agencies’ performance of their duties and directing and instructing them under Article 15;
8. Affairs concerning establishing and operating the national database system on litigation under Article 15-2.
(2) The head of an administrative agency may manage data including sensitive information referred to in Article 23 of the Personal Information Protection Act and resident registration numbers, driver’s license numbers or alien registration numbers referred to in Article 19 of the Enforcement Decree of that Act if it is essential for performing the following:
1. Affairs concerning conducting state litigations under Article 3 of the Act;
2. Affairs concerning conducting administrative litigations under Article 5 of the Act;
3. Affairs concerning voluntary payments under Article 10 of the Act;
4. Affairs concerning conducting conciliation cases, arbitration cases and other non-contentious litigation cases under Article 12 of the Act;
5. Affairs concerning transferring titles of execution and enforcing judgements with such titles of execution under Article 11;
6. Affairs concerning handling finally determined cases under Article 12;
7. Affairs concerning using the national database system on litigation under Article 15-2.
[This Article Wholly Amended by Presidential Decree No. 27582, Nov. 15, 2016]
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 14527, Feb. 18, 1995>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 15634, Feb. 19, 1998>
This Decree shall enter into force on March 1, 1998.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 27582, Nov. 15, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.