LEGAL AID ACT
Act No. 3862, Dec. 23, 1986
Amended by Act No. 4837, Dec. 31, 1994
Act No. 6590, Dec. 31, 2001
Act No. 8320, Mar. 29, 2007
Act No. 8994, Mar. 28, 2008
Act No. 9489, Mar. 18, 2009
Act No. 9717, May 27, 2009
Act No. 11002, Aug. 4, 2011
Act No. 11041, Sep. 15, 2011
Act No. 12617, May 20, 2014
Act No. 13383, jun. 22, 2015
Act No. 14102, Mar. 29, 2016
The purpose of this Act is to protect fundamental human rights and to further contribute to the promotion of legal welfare by providing legal aid to those in economic difficulty, or not adequately protected enough by the law due to ignorance of the law.
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
The term "legal aid" in this Act means providing any person with all support concerning legal consultation, a representation of a lawsuit by an attorney-at-law or a public-service advocate as prescribed by the Public-Service Advocates Act (hereinafter referred to as a "public-service advocate") and other legal affairs, in order to achieve the purpose prescribed in Article 1. [This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 2-2 (Responsibility of State and Local Governments) |
| (1) | The State shall be responsible for establishing and operating a legal aid system, to maintain Acts and subordinate statues related to a legal aid, to establish and implement various policies, and to supply any necessary financial resources for improvement of legal welfare of the public. |
| (2) | Local governments shall cooperate for smooth implementation of the State's legal aid policy. |
[This Article Newly Inserted by Act No. 8994, Mar. 28, 2008]
Anyone who intends to render legal aid services as a corporation shall register with the Minister of Justice by meeting requirements for assets and persons engaged in legal aid services, etc. under conditions prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 4 (Delivery of Subsidies) |
If it is deemed necessary for sound support and development of any corporation registered under Article 3 and the Korea Legal Aid Corporation under Article 8 of the Act (hereinafter referred to as "legal aid corporation"), the Government may provide subsidies within budget limits. [This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 5 (Restriction on Representative Act) |
No legal aid corporation or other corporation in which a public-service advocate was or is in office shall perform any act concerning a lawsuit, any request for administrative disposition, or any representative act on other legal services in connection with legal aid services in the name of the corporation.
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 6 (Prohibition of Disclosure of Confidential Information) |
No person who was or is engaged in legal aid services in a legal aid corporation or a corporation or institution in which a public-service advocate was or is in service, shall disclose confidential information which he/she has become aware of in the course of performing his/her duties. <Amended by Act No. 14102, Mar. 29, 2016>
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 7 (Prohibition against Collection of Fees, etc.) |
| (1) | No legal aid corporation, corporation or institution for which a public-service advocate has worked or is working, or person is in charge of legal aid services for such corporation or institution shall receive any fee or other money and goods, regardless of the title thereof under the pretext of legal aid services: Provided, That this shall not apply to costs of lawsuit, attorney-at-law fees, etc. prescribed by Presidential Decree. <Amended by Act No. 14102, Mar. 29, 2016> |
| (2) | Notwithstanding the proviso to paragraph (1), the State may bear costs of lawsuit and attorney-at-law fees for any of the following persons, as prescribed by Presidential Decree: <Amended by Act No. 9717, May 27, 2009; Act No. 11002, Aug. 4, 2011; Act No. 11041, Sep. 15, 2011; Act No. 12617, May 20, 2014; Act No. 13383, Jun. 22, 2015> |
| 11. | Other persons prescribed by Presidential Decree. |
| (3) | Attorney-at-law fees, etc. a public-service advocate receives under the proviso to paragraph (1) and paragraph (2) shall be transferred to the relevant accounting of the corporation for which he/she has worked or is working. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 8 (Establishment of Korea Legal Aid Corporation) |
In order to advance legal aid efficiently, the Korea Legal Aid Corporation (hereinafter referred to as the "Corporation") shall be established.
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 9 (Legal Personality) |
The Corporation shall be a juristic person.
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| (1) | The seat of the headquarter of the Corporation shall be determined by the articles of association. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 11 (Articles of Association) |
| (1) | The following matters shall be included in the articles of association of the Corporation: |
| 3. | Matters concerning the main office, district offices and branch offices; |
| 4. | Matters concerning executive officers and employees; |
| 5. | Matters concerning the board of directors; |
| 6. | Matters concerning operations; |
| 7. | Matters concerning property and accounting; |
| 8. | Matters concerning public announcement; |
| 9. | Matters concerning the modification of the articles of association; |
| 10. | Matters concerning the enactment, revision and repeal of internal regulations. |
| (2) | If the Corporation intends to modify the articles of association, it shall obtain authorization of the Minister of Justice. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 12 (Registration) |
The Corporation shall be established by effecting the registration of incorporation at the seat of its main office.
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 13 (Executive Officers and Their Terms of Office) |
| (1) | The Corporation shall have not more than fourteen directors including the president and one auditor. |
| (2) | The president shall be appointed by the Minister of Justice, and the directors and the auditor shall be appointed by the Minister of Justice upon recommendation of the president. |
| (3) | The president and directors shall hold office for a three-year term, and the auditor shall hold office for a two-year term. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 14 (Duties of Executive Officers) |
| (1) | The president shall represent the Corporation, and exercise overall control over general affairs of the Corporation. |
| (2) | Directors shall take charge of their respective affairs of the Corporation as prescribed by the articles of association, and, in cases of inability of the president under unavoidable circumstances, act on his/her behalf in the order of priority as determined by the articles of association. |
| (3) | The auditor shall inspect and audit operations and accounting of the Corporation. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 15 (Disqualification for Executive Officers) |
No person who falls under any of the following subparagraphs shall be appointed as an executive officer of the Corporation:
| 1. | A person not a national of the Republic of Korea; |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 16 (Dismissal of Executive Officers from Office) |
| (1) | If an executive officer falls under any subparagraph of Article 15, he/she shall be necessarily dismissed from his/her office. |
| (2) | A person authorized to appoint and dismiss, may dismiss any executive officer who falls under any of the following subparagraphs: |
| 1. | Where it is particularly difficult or impossible to carry out his/her duties due to a physical or mental impediment; |
| 2. | Where he/she has caused, deliberately or by gross negligence, any loss to the Corporation; |
| 3. | Where he/she fails to fulfill his/her obligation in respect of his/her duties, or commits a misconduct making him/her unfit for executive officers. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 17 (Board of Directors) |
| (1) | In order to deliberate on and decide important matters of the Corporation, the board of directors shall be established in the Corporation. |
| (2) | The board of directors shall be comprised of the president and directors. |
| (3) | The president shall convene and preside over meetings of the board of directors. |
| (4) | The auditor may attend meetings of the board of directors and state his/her opinion. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 18 (Appointment and Dismissal of Staff) |
The staff of the Corporation shall be appointed and dismissed by the president under conditions prescribed by the articles of association.
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 19 (Attorney Belonging to Corporation) |
| (1) | In order to carry out legal aid services efficiently, the Corporation may appoint an attorney-at-law to be in exclusive charge of legal aid services. |
| (2) | Matters concerning the appointment, dismissal and other operations of the attorney-at-law belonging to the Corporation under this Act, shall, if not provided by this Act, be determined by the rules of the Corporation with approval of the Minister of Justice. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 20 (Legal Aid Members) |
| (1) | If required for conducting a lawsuit with respect to any case subject to legal aid, the president of the Corporation may appoint legal aid members from among attorneys-at-law. |
| (2) | Matters concerning the appointment and other operations of legal aid members shall be determined by the rules of the Corporation with the approval of the Minister of Justice. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
In order to achieve the purpose prescribed in Article 1, the Corporation shall carry out the following projects: | 2. | Investigation and research concerning various legal aid systems; |
| 3. | Enlightenment projects to enhance law-abiding spirit; |
| 4. | Other projects necessary for accomplishing the object of the Corporation. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 21-2 (Protection of and Support for Victims of Crime) |
In rendering legal aid services, the Corporation may legally protect and support victims of crime in order to properly guarantee the rights of such victims of crime and help them speedily restore from their damage.
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 22 (Procedures, etc. of Legal Aid) |
The requirements and procedures, etc. of legal aid carried out by the Corporation, shall be determined by the rules of the Corporation with approval of the Minister of Justice.
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 22-2 (Request for Providing Material) |
| (1) | The Corporation may request relevant central administrative agencies, local governments and other public institutions prescribed by Presidential Decree (hereafter referred to as the "public institutions" in this Article) to provide it with necessary material in order to confirm whether a person is eligible for legal aid services. In such cases, the heads of the public institutions requested to provide the material shall comply with such request unless special grounds exist. |
| (2) | With respect to the material furnished to the Corporation pursuant to the provisions of paragraph (1), rents, fees, etc. shall be exempted. |
| (3) | The grounds that make it possible for the Corporation to request the material pursuant to the provisions of paragraph (1), the scope of the material and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 23 Deleted. <by Act No. 6590, Dec. 31, 2001> |
| Article 24 (Financial Resources of Corporation) |
The Corporation shall be operated with the following financial resources:
| 1. | Contributions and subsidies provided by the Government; |
| 2. | Cash and other property contributed by persons, other than the Government; |
| 4. | Proceeds derived from business of the Corporation; |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 25 Deleted. <by Act No. 6590, Dec. 31, 2001> |
| Article 26 (Borrowing of Funds) |
The Corporation may, if necessary, borrow funds for projects under Article 21 with approval of the Minister of Justice. [This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 27 Deleted. <by Act No. 6590, Dec. 31, 2001> |
| Article 28 (Loan, etc. of State or Public Property) |
Notwithstanding the provisions of the State Property Act or the Public Property and Commodity Management Act, if it is required for the establishment and operation of the legal aid corporation, the State or local governments may allow it to gratuitously borrow or use any State or public property or to benefit therefrom under conditions prescribed by Presidential Decree: Provided, That with respect to legal aid corporations other than the Corporation, it shall be limited to state property. [This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 29 (Budget and Accounts) |
| (1) | The business year of the Corporation shall conform to the fiscal year of the Government. |
| (2) | The Corporation shall prepare a project plan and a budget estimate for each business year and submit them to the Minister of Justice before the business year commences to obtain his/her approval. The same shall also apply, when it intends to modify them. |
| (3) | The Corporation shall prepare performances of projects and the statement of accounts for each business year and submit them to the Minister of Justice by the end of April of the following business year. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 30 (Disposal of Profits) |
When any profits exist after the settlement of accounts for each business year, the Corporation shall first appropriate it to cover a carried-over loss, and the remainder shall be reserved.
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 31 (Concurrent Service of Public Officials) |
The Minister of Justice may, upon the request of the president, have public officials under his/her jurisdiction serve concurrently for the Corporation.
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 32 (Legal Fiction as Public Officials in Application of Penal Provisions) |
Executives and employees of the Corporation shall be deemed public officials in applying penal provisions under the Criminal Act and other Acts. [This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 32-2 (Corporation's Liability for Damage) |
| (1) | Where any executive officer or any employee of the Corporation causes damage to any third party deliberately or negligently while performing clerical work for the Corporation, in violation of Acts and subordinate statutes, the Corporation shall be held liable for such damage. |
| (2) | The Corporation may, when the damage referred to in of paragraph (1) is caused deliberately or by gross negligence of any of its executive officers or employees, exercise the right to demand the reimbursement thereof from such executive officer or employee. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 33 (Application Mutatis Mutandis) |
Except as provided by this Act, the provisions of the Civil Act concerning the incorporated foundations shall apply mutatis mutandis to the Corporation. [This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 33-2 (Assignment, etc. of Public-Service Advocates) |
| (1) | The Minister of Justice may assign public-service advocates for a corporation or institution prescribed by the Public-Service Advocates Act, in order to assist legal aid services and to carry out other purposes of public interests. <Amended by Act No. 14102, Mar. 29, 2016> |
| (2) | Public-service advocate referred to in paragraph (1) may carry out legal aid services as attorney, without registration of their qualifications for attorney prescribed by the Attorney-at-Law Act. |
| (3) | Public-service advocates referred to in paragraph (1) shall observe all obligations prescribed by the Attorney-at-Law Act, and perform faithfully legal aid services, unless it is contrary to its nature. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 33-3 (Scope of Services, etc. by Public-Service Advocates) |
The scope, object, requirements, etc. of legal aid services by public-service advocates in charge of legal aid services, shall be determined by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 34 (Support in Tax System) |
The Government may render support in terms of taxation for efficiently promoting legal aid services.
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 35 (Supervision, etc.) |
| (1) | The Minister of Justice shall guide and supervise legal aid corporations, and if deemed necessary, he/she may issue legal aid corporations any instruction or order with respect to its services: Provided, That the same shall not apply to specific cases of legal aid services. |
| (2) | The Minister of Justice may, if necessary, have any legal aid corporation report matters concerning its projects, accounting and property, or have public officials under his/her jurisdiction inspect books, documents and other articles of the legal aid corporation. |
| (3) | Any public official who conducts an inspection under paragraph (2), shall produce a certificate indicating his/her authority to persons concerned. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 36 (Prohibition of Use of Similar Name) |
| (1) | No person, other than the Corporation, shall use the name "Korea Legal Aid Corporation" or any similar one. |
| (2) | No person, other than legal aid corporations, prescribed by this Act shall use the name "legal aid corporation" or similar one. |
[This Article Wholly Amended by Act No. 8994, Mar. 28, 2008]
| Article 37 (Penalty Provisions) |
Any person who has disclosed confidential information in violating the provisions of Article 6 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding one million won. [This Article Wholly Amended by Act No. 9489, Mar. 18, 2009]
| Article 38 (Administrative Fines) |
| (1) | The Minister of Justice impose and collect administrative fines of up to two million won under the standards determined by Presidential Decree from a person who uses the similar name in violating Article 36 of the Act. |
| (2) | The Minister of Justice imposes and collects administrative fines not exceeding one million won under the standards determined by Presidential Decree from an executive officer or employee of a legal aid corporation who fails to comply with an instruction or order under Article 35 (1), or refuses, interferes with or evades an inspection under Article 35 (2), or makes a false report. |
[This Article Wholly Amended by Act. No. 9489, Mar. 18, 2009]
| Article 39 Deleted. <by Act No. 9489, Mac. 18, 2009> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1987.
Article 2 (Preparation for Establishment of Corporation)
| (1) | The Minister of Justice shall commission five or fewer members for the Establishment Committee within six months from the enforcement date of this Act, and have them conduct activities concerning the establishment of the Corporation. |
| (2) | The members of the Establishment Committee shall prepare the articles of association of the Corporation and obtain authorization of the Minister of Justice. |
| (3) | The members of the Establishment Committee shall, upon obtaining authorization under paragraph (2), without delay, the establishment registration of the Corporation in their joint names. |
| (4) | The members of the Establishment Committee shall transfer, without delay, business to the president after making the establishment registration of the Corporation. |
| (5) | When the transfer of business referred to in paragraph (4) is finished, the members of the Establishment Committee shall be deemed to have been decommissioned. |
| (6) | The establishment expenses of the Corporation shall be borne by the Corporation. |
Article 3 (Transitional Measures concerning Korean Legal Aid Association)
| (1) | The Korean Legal Aid Association, an incorporated foundation (hereinafter referred to as the "Association"), may request by resolution of the board of directors to the Minister of Justice that the Corporation to be established under this Act succeed to all rights and duties. |
| (2) | Notwithstanding the provisions of the Civil Act concerning the dissolution and liquidation of a juristic person, the Association shall, upon obtaining approval of the Minister of Justice through the request referred to in paragraph (1), be deemed to be dissolved as soon as the Corporation is established and all rights and duties belonging to the Association shall be succeeded to the Corporation. |
| (3) | The value of property to be succeeded to the Corporation under paragraph (2) shall be the book value on the day preceeding the day on which the establishment of the Corporation is registered. |
Article 4 (Transitional Measures concerning Staff, etc. of Association)
| (1) | Staff of the Association at the time of establishment of the Corporation shall be deemed to be appointed as staff of the Corporation on the day on which the establishment of the Corporation is registered. |
| (2) | Public officials who serve for the Association at the time of the establishment of the Corporation, shall be deemed to serve concurrently for the Corporation under Article 31. |
Article 5 (Transitional Measures concerning Budget)
The ordinary subsidy budget for private citizens of the legal aid services in the general expenditure budgets under the control of the Ministry of Justice at the time this Act enters into force, shall be deemed to be a budget for contribution to the Legal Aid Fund of the Corporation under Article 24.
ADDENDUM <Act No. 4837, Dec. 31, 1994>
This Act shall enter into force on January 1, 1995.
ADDENDA <Act No. 6590, Dec. 31, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2002. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8320, Mar. 29, 2007>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 8994, Mar. 28, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9489, Mar. 18, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Penal Provisions) In applying the penal provisions to any act committed before this Act enters into force, the previous provisions shall apply. |
ADDENDA <Act No. 9717, May 27, 2009>
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. 11002, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11041, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 12617, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2014. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14102, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 3 Omitted.