ENFORCEMENT DECREE OF THE LEGAL AID ACT
Wholly Amended by Presidential Decree No. 20858, jun. 25, 2008
Amended by Presidential Decree No. 21573, jun. 26, 2009
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23565, Jan. 26, 2012
Presidential Decree No. 23734, Apr. 17, 2012
Presidential Decree No. 24226, Dec. 12, 2012
Presidential Decree No. 24247, Dec. 21, 2012
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25104, Jan. 17, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 27252, jun. 21, 2016
Presidential Decree No. 29475, Jan. 8, 2019
The purpose of this Decree is to provide for the matters delegated by the Legal Aid Act and those necessary for its enforcement.
| Article 2 (Requirements for Registration and Procedures therefor) |
| (1) | Any corporation that intends to register to provide legal aid services pursuant to Article 3 of the Legal Aid Act (hereinafter referred to as the “Act”) shall meet all of the following requirements: <Amended by Presidential Decree No. 24226, Dec. 12, 2012> |
| 1. | Its proper purpose business shall be legal aid services; |
| 2. | It shall have an office necessary for rendering legal aid services and have assets worth 300 million won or more; |
| 3. | It shall have at least three persons with a lawyer’s certificate among its executive officers and employees; |
| 4. | It shall have at least five persons with a judicial scrivener’s certificate or with at least three years’ work experience in providing legal advice and legal aid services in any corporation registered pursuant to Article 3 of the Act or the Korea Legal Aid Corporation incorporated under Article 8 of the Act (hereinafter referred to as “legal aid corporation”); |
| 5. | It shall employ at least two counselors with legal knowledge and capability necessary to provide legal aid services. |
| (2) | Any corporation that intends to register as a legal aid corporation to provide legal aid services pursuant to Article 3 of the Act shall submit to the Minister of Justice an application for registration accompanied by documents stipulated by Ordinance of the Ministry of Justice. |
| (3) | When the corporation that submits an application for registration pursuant to paragraph (2) satisfies the requirements for registration provided in paragraph (1), the Minister of Justice shall register it, as stipulated by Ordinance of the Minister of Justice, and shall issue a certificate of registration to the corporation. |
| (4) | When the Minister of Justice has issued a certificate of registration pursuant to paragraph (3), he/she shall publish the fact in the Official Gazette without delay. |
| Article 3 (Requirements, Procedures, etc. for Legal Aid) |
Any corporation registered under Article 3 of the Act shall obtain approval from the Minister of Justice upon specifying the scope, object, requirements and procedures of legal aid services to be provided by the relevant corporation. The same shall also apply where it modifies them. <Amended by Presidential Decree No. 24226, Dec. 12, 2012>
| Article 4 (Collection, etc. of Costs of Lawsuit, etc.) |
| (1) | Any legal aid corporation or corporation (hereinafter referred to as the "legal aid corporation, etc.") for which a public-service advocate has worked or is working may receive any of the following costs of lawsuit, etc. from a client receiving legal aid (hereinafter referred to as "client") pursuant to the proviso to Article 7 (1) of the Act: <Amended by Presidential Decree No. 24226, Dec. 12, 2012> |
| 3. | Attorney-at-law fees and costs of lawsuit determined by the internal regulations enacted by the legal aid corporation, etc. with the approval of the Minister of Justice, besides costs of lawsuit and attorney-at-law fees prescribed in subparagraphs 1 and 2. |
| (2) | Costs of lawsuit, etc. referred to in paragraph (1) shall be collected after the completion of the aid service to the client: Provided, That the costs of lawsuit (excluding attorney-at-law fees) determined by the internal regulations enacted by the legal aid corporation, etc., with the approval of the Minister of Justice, may be collected before the completion of the legal aid service to the client. <Amended by Presidential Decree No. 24226, Dec. 12, 2012> |
| (3) | "Persons prescribed by Presidential Decree" prescribed in subparagraph 11 of Article 7 (2) of the Act mean any of the following persons: <Amended by Presidential Decree No. 21573, Jun. 26, 2009; Presidential Decree No. 23565, Jan. 26, 2012; Presidential Decree No. 23734, Apr. 17, 2012; Presidential Decree No. 24226, Dec. 12, 2012; Presidential Decree No. 24247, Dec. 21, 2012; Presidential Decree No. 27252, Jun. 21, 2016> |
| 3. | Persons of distinguished services during special military missions registered under Article 6 of the Act on Honorable Treatment of Persons of Distinguished Services during Special Military Missions and Establishment of Related Organizations; |
| 6. | Other persons determined by internal regulations enacted by the legal aid corporation, etc. with the approval of the Minister of Justice within budget limits, in consideration of the purpose, necessity, etc. of the legal aid. |
| (4) | The scope of the costs of lawsuit and attorney-at-law fees that the State may bear under Article 7 (2) of the Act shall be determined by internal regulations enacted by the legal aid corporation, etc. with the approval of the Minister of Justice, in consideration of the propriety of the legal aid, type of the lawsuit and income level, property status, etc. of the clients. <Amended by Presidential Decree No. 24226, Dec. 12, 2012> |
| Article 4-2 (Management of Sensitive Information and Personally Identifiable Information) |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 5 (Request, etc. for Providing Material) |
| (1) | If any of the following grounds arises, the Korea Legal Aid Corporation (hereinafter referred to as the "Corporation") under Article 8 of the Act may request the relevant central administrative agencies, local governments and public institutions provided in Article 22-2 (1) of the Act to provide the Corporation with necessary data to verify whether the relevant client is eligible to receive legal aid services: <Amended by Presidential Decree No. 24226, Dec. 12, 2012> |
| 1. | Where an inmate detained in the detention center applies for legal aid services or justifiable grounds exist for an applicant for legal aid services being unable to submit documents verifying that he/she is eligible to receive legal aid services; |
| 2. | Where it is necessary to conduct a supplementary investigation as to the eligibility of persons entitled to legal aid services. |
| (2) | Data that the Corporation may request to provide pursuant to Article 22-2 (1) of the Act are as follows. In such case, when requesting data specified in subparagraphs 12 and 13, a comprehensive real estate certificate may be substituted therewith: <Amended by Presidential Decree No. 23565, Jan. 26, 2012; Presidential Decree No. 23734, Apr. 17, 2012; Presidential Decree No. 24226, Dec. 12, 2012; Presidential Decree No. 24247, Dec. 21, 2012; Presidential Decree 25104, Jan. 17, 2014> |
| 1. | A certified copy and extract of resident registration card; |
| 2. | A family relation certificate, identification certificate, marriage relation certificate, adoption relation certificate, full adoption relation certificate, a certified copy or abstract of an archived family relation certificate; |
| 3. | A certificate of income; |
| 4. | A national tax payment certificate; |
| 5. | A local tax payment certificate; |
| 6. | A certificate of taxation (payment) of local tax by tax item; |
| 7. | A business registration certificate; |
| 8. | A certificate of business closure; |
| 9. | A certified transcript of land register; |
| 10. | A certified transcript of building register; |
| 11. | A written confirmation of officially announced individual land price; |
| 12. | A certified transcript of land cadastre; |
| 13. | A certified transcript of building register; |
| 14. | A certified transcript of farmland register; |
| 15. | A certified transcript of fishing right register; |
| 16. | A certified transcript of fishing boat register; |
| 17. | A certified transcript of ship register; |
| 18. | A written confirmation of (being a member of the bereaved family of) a person who has rendered distinguished services to the State; |
| 19. | A written confirmation of (being a member of the bereaved family of) a person who has rendered distinguished services to the independence of the State; |
| 20. | A certificate of person with a disability; |
| 21. | A certificate of being the recipient of national basic living assistance; |
| 22. | A certificate of household of a single parent; |
| 23. | A written confirmation of registration of North Korean refugee; |
| 24. | An alien registration certificate; |
| 25. | A certificate of report of whereabouts within the country; |
| 26. | A certificate of subscription to the National Pension Service (including summary of past record); |
| 27. | A written confirmation of payment of health insurance premiums; |
| 29. | A certified transcript of automobile register; |
| 30. | A certified transcript of construction machinery register; |
| 31. | A certificate of military register; |
| 32. | A confirmation of a person who has rendered distinguished services to the 518 Democratization Movement; |
| 33. | A written confirmation of eligibility for applying the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants, etc. and Establishment of Related Associations; |
| 34. | A written confirmation of persons of distinguished services during special military missions; |
| 35. | Other papers verifying eligibility for legal aid services. |
| Article 6 (Scope of Public Institutions) |
“Public institutions prescribed by Presidential Decree” referred to in the former part of Article 22-2 (1) of the Act means any of the following institutions: <Amended by Presidential Decree No. 24226, Dec. 12, 2012> | 1. | Local courts, its branch courts and its affiliate registry offices established under the Court Organization Act; |
| Article 7 (Operation of Financial Resources) |
| 1. | Depositing with financial institutions; |
| 2. | Purchasing State, public or corporate bonds; |
| 3. | Purchasing real estate necessary to perform legal aid projects; |
| 4. | Other projects necessary to conduct legal aid projects. |
| (2) | The following financial resources, etc. shall be operated, as stipulated by the internal rules of the Corporation: <Amended by Presidential Decree No. 24226, Dec. 12, 2012> |
| 1. | Cash and other property contributed by persons, other than the Government under subparagraph 2 of Article 24 of the Act; |
| 3. | The assets, bonds and debts reverting to the Corporation under Article 5 (2) of the Addenda to the Framework Act on Fund Management (Amended by Act No. 6590) and other rights and obligations. |
| Article 8 (Loans of State or Public Property) |
Details, terms and conditions, and period of loan of any State or public property referred to in Article 28 of the Act shall be determined by contract between the managing agency of such property and the legal aid corporation.
| Article 9 (Allowances, etc. of Public Officials Holding Concurrent Offices) |
| (1) | The Corporation may pay necessary allowances to public officials serving concurrently for the Corporation pursuant to Article 31 of the Act. |
| (2) | The scope, amount and methods of payment of the allowance referred to in paragraph (1) shall be determined by the internal rules of the Corporation by applying mutatis mutandis Article 32 of the Public Officials Remuneration Regulations. <Amended by Presidential Decree No. 24226, Dec. 12, 2012> |
| (3) | Public officials serving concurrently under paragraph (1) shall observe the articles of incorporation and relevant rules of the Corporation and perform their duties in good faith. |
| Article 10 (Travel Expenses, etc. of Public-Service Advocates) |
| (1) | Any corporation determined by the Public-Service Advocates Act, in which public-service advocates are in office, under Article 33-2 of the Act, may pay public-service advocates in office at the corporation actual costs and travel expenses incurred in performing duties. |
| (2) | The scope, amount and methods of payment of travel expenses paid to public-service advocates pursuant to paragraph (1) shall be the same as the scope, amount and methods of payment of travel expenses paid to persons serving during the same period among those who have passed the bar examination, completed the prescribed course of the Judicial Research and Training Institute and been appointed as military legal officers. |
| (3) | The public-service advocates shall observe the articles of association and all rules of the corporation for which he/she serves and carry out their duties in good faith. |
| Article 11 (Review of Regulation) |
The Minister of Justice shall review the appropriateness of the following every two years, counting from the each base date specified in each subparagraph (referring to the period that ends on the day before the base date of every second year) and take measures such as making improvement:
| 1. | Requirement and procedure for registration as a legal aid corporation pursuant to Article 2: January 1, 2015; |
| 2. | Approval and modification approval for scope, etc., of legal aid services pursuant to Article 3: January 1, 2015. |
[This Article Wholly Amended by Presidential Decree No. 25840, Dec. 9, 2014]
| Article 12 (Criteria for Imposition of Administrative Fines) |
[This Article Newly Inserted by Presidential Decree No. 29475, Jan. 8, 2019]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2008.
Article 2 (Transitional Measures on Loan of State and Public Property, etc.)
Any state or public property from which the Foundation of Korea Legal Aid Association has gratuitously borrowed, used, or benefited at the time of establishment of the Corporation, may be borrowed, used by or benefited from the Corporation according to the previous examples before July 1, 1987 when this Decree enters into force pursuant to Presidential Decree No. 12198, notwithstanding Article 8. Article 3 (Transitional Measures concerning Registration of Legal Aid Corporation)
Legal aid corporations registered with the Minster of Justice as of July 4, 2007 when this Decree enters into force with Presidential Decree No. 20161 shall be deemed to have been registered pursuant to this Decree.
ADDENDA <Presidential Decree No. 21573, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23565, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23734, Apr. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 18, 2012.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24226, Dec. 12, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24247, Dec. 21, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25104, Jan. 17, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2014. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 27252, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29475, Jan. 8, 2019>
This Decree shall enter into force on the date of its promulgation.