CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to enhance the convenience of citizens’ lives with respect to legal affairs and to contribute to the sound development of the judicial system by establishing the certified judicial scrivener system.
[This Article Wholly Amended on Mar. 21, 2008]
| (1) | Any certified judicial scrivener shall perform the following affairs delegated by other persons: <Amended on Feb. 3, 2016; Feb. 4, 2020> |
| 1. | Preparation of documents to present to a court or the Public Prosecutors’ Office; |
| 2. | Preparation of documents related to the affairs of a court or the Public Prosecutors’ Office; |
| 3. | Preparation of documents necessary for registration or application for registration; |
| 4. | Proxy of application for registration and a case of deposit; |
| 5. | Consultation on acquisition of property, proxy of application for purchase or application for bidding in an auction case under the Civil Execution Act and a public auction case under the National Tax Collection Act or other statutes or regulations; |
| 6. | Proxy of application for individual bankruptcy cases and individual rehabilitation cases under the Debtor Rehabilitation and Bankruptcy Act: Provided, That the proxy of statement at various dates shall be excluded; |
| 7. | Proxy of presentation of documents prepared under subparagraphs 1 through 3; |
| 8. | Incidental affairs, such as the provision of counseling and advice necessary to deal with the affairs prescribed in subparagraphs 1 through 7. |
| (2) | Even if documents are those falling under paragraph (1) 1 through 3, a certified judicial scrivener shall not prepare such documents restricted by other statutes. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 3 (Prohibition on Person other than Certified Judicial Scrivener) |
| (1) | A person who is not a certified judicial scrivener may not perform affairs under Article 2 as his or her job. |
| (2) | A person who is not a certified judicial scrivener may not use the name of certified judicial scrivener or similar. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 4 (Qualifications) |
A person who has passed the certified judicial scrivener examination shall be qualified as a certified judicial scrivener.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 5 (Certified Judicial Scrivener Examination) |
| (1) | A certified judicial scrivener examination shall be held by the Chief Justice of the Supreme Court. |
| (2) | A certified judicial scrivener examination shall be classified into the first and the second examinations. <Amended on Feb. 3, 2016> |
| (3) | The eligibility to take, and the subjects and the methods of the certified judicial scrivener examination and other matters necessary for the examination shall be prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 5-2 (Exemption from Part of Examination) |
| (1) | A person who has served as a public official at least for 10 years, engaging in court affairs, registration affairs, prosecutory affairs, or narcotics investigation affairs at a court, the Constitutional Court or the Public Prosecutors’ Office shall be exempted from the first examination. |
| (2) | Any of the following persons shall be exempted from all subjects of the first examination and from such part of the subjects of the second examination as prescribed by the Supreme Court Regulations: |
| 1. | A person who has served as a public official of Class Ⅴ or higher at least for five years (including years in which a public official in general service belonging to the Senior Civil Service has served for the relevant field), engaging in court affairs, registration affairs, prosecutory affairs, or narcotics investigation at a court, the Constitutional Court or the Public Prosecutors’ Office; |
| 2. | A person who has served as a public official of Class Ⅶ or higher at least for seven years, engaging in court affairs, of registration affairs, of prosecutory affairs, or of narcotics investigation of a court, the Constitutional Court or the Public Prosecutors’ Office. |
| (3) | A person who has passed the first examination shall be exempted from the first examination of next time only. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 5-3 (Certified Judicial Scrivener Qualification Review Committee) |
| (1) | The Certified Judicial Scrivener Qualification Review Committee may be established in the Ministry of Court Administration to review the following matters related to the attainment of qualifications for certified judicial scriveners: |
| 1. | Matters concerning the certified judicial scrivener examination such as subjects and questions, etc. thereof; |
| 2. | Matters concerning determination of the number of persons to be selected in the examination; |
| 3. | Matters concerning persons subject to exemption from a part of the examination; |
| 4. | Other important matters concerning the attainment of qualifications for certified judicial scriveners. |
| (2) | Necessary matters concerning the organization, administration, etc. of the Certified Judicial Scrivener Qualification Review Committee shall be prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 6 (Grounds for Disqualification) |
Any of the following persons shall be disqualified as a certified judicial scrivener: <Amended on Dec. 30, 2014>
| 1. | A person under adult guardianship or a person under limited guardianship; |
| 2. | A person who was declared bankrupt, but has not been reinstated; |
| 3. | A person in whose case five years have not passed since the completion of, or exemption from, a sentence of imprisonment without labor, or greater punishment, as so declared by a court of law; |
| 4. | A person in whose case two years have not passed since the completion of a period of suspension of imprisonment without labor, or greater punishment, as so declared by a court of law; |
| 5. | A person under the suspended sentence of imprisonment without labor or heavier punishment as declared by a court; |
| 6. | A public official, in whose case five years have not passed since he or she was dismissed by disciplinary action, or in whose case three years have not passed since he or she was released from office; |
| 7. | A person in whose case five years have not passed since he or she was expelled under this Act. |
[This Article Wholly Amended on Mar. 21, 2008]
CHAPTER Ⅱ REGISTRATION OF CERTIFIED JUDICIAL SCRIVENER
If a person qualified as a certified judicial scrivener intends to perform the affairs of a certified judicial scrivener, he or she shall register with the Korean Certified Judicial Scriveners Association after the completion of education and training as prescribed by the Supreme Court Regulations.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 8 (Application for Registration) |
| (1) | A person who intends to register under Article 7 shall submit an application for registration to the Korean Certified Judicial Scriveners Association through a local Certified Judicial Scriveners Association in which he or she intends to join. |
| (2) | When the Korean Certified Judicial Scrivener Association has received an application for registration under paragraph (1), if such applicant does not fall under reasons for rejection of registration under Article 9 (1), it shall register without delay, issue a certificate of registration to an applicant, and notify a local Certified Judicial Scriveners Association in which he or she intends to join. |
| (3) | Matters necessary for application for registration of a certified judicial scrivener, matters to be registered and procedures for its modification shall be prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 9 (Denial of Registration) |
| (1) | If an applicant for registration under Article 8 (1) falls under any of the following cases, the Korean Certified Judicial Scriveners Association may deny the registration through the review of the Registration Examination Committee under Article 66. In such cases, it shall, without delay, notify the fact of rejection of registration and reasons therefor to a local Certified Judicial Scriveners Association in which he or she intends to join: <Amended on Feb. 3, 2016> |
| 1. | Where he or she is not qualified as a certified judicial scrivener under Article 4; |
| 2. | Where he or she falls under reasons for disqualification under any subparagraphs of Article 6; |
| 3. | Where it is deemed that he or she is facing substantial difficulty in performing the affairs of a certified judicial scrivener due to physical or mental illness; |
| 4. | Where he or she is deemed substantially unsuitable for performing the affairs of a certified judicial scrivener because he or she was sentenced to temporary suspension of license, a stay of execution of temporary suspension of license, or fined due to an illegal act concerning his or her duties while in office as a public official, or was degraded in his or her rank or suspended from office, or his or her salary was reduced by disciplinary action while in office as a public official; |
| 5. | Where one year has not passed since his or her registration was denied because he or she fell under subparagraph 4. |
| (2) | Where the Korean Certified Judicial Scriveners Association fails to register or reject registration by no later than three months from the date on which an application for registration under Article 8 (1) is received, the registration shall be deemed made on the date immediately after the end of the three-month period. |
| (3) | A person whose registration has been rejected under paragraph (1) may raise an appeal to the Chief Justice of the Supreme Court, stating reasons for dissatisfaction with the denial of registration within three months after he or she has received such notification. |
| (4) | Where the Chief Justice of the Supreme Court deems that an appeal under paragraph (3) is reasonable, he or she shall order the Korean Certified Judicial Scrivener Association to register the certified judicial scrivener concerned. |
| (5) | Matters necessary for raising an appeal under paragraph (3) shall be prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 10 (Mandatory Cancellation of Registration) |
If a certified judicial scrivener falls under any of the following subparagraphs, the Korean Certified Judicial Scriveners Association shall cancel his or her registration. In such cases, if the Association intends to cancel registration of a certified judicial scrivener falling under subparagraph 3, it shall undergo the review of the Registration Examination Committee under Article 66 in advance: | 1. | Where he or she has closed down his or her business; |
| 2. | Where he or she is dead; |
| 3. | Where he or she falls under reasons for disqualification under Article 6; |
| 4. | Where an order for cancellation of registration is given under Article 12. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 11 (Optional Cancellation of Registration) |
If a certified judicial scrivener falls under Article 9 (1) 3 or 4, the Korean Certified Judicial Scriveners Association may cancel such registration through the review of the Registration Examination Committee under Article 66. [This Article Wholly Amended on Mar. 21, 2008]
| Article 12 (Order of Cancellation of Registration) |
| (1) | If the Chief Justice of the Supreme Court deems that a person registered as a certified judicial scrivener falls under any subparagraphs of Article 9 (1), he or she may order the Korean Certified Judicial Scriveners Association to cancel the registration of such certified judicial scrivener. |
| (2) | In cases of paragraph (1), the Chief Justice of the Supreme Court may have a public official under his or her control investigate whether a person registered as a certified judicial scrivener falls under any subparagraphs of Article 9 (1). |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 13 (Notification of Cancellation of Registration) |
| (1) | Where the Korean Certified Judicial Scriveners Association has canceled the registration of a certified judicial scrivener, it shall state such reason in the list of certified judicial scriveners and notify the relevant certified judicial scrivener and the local Certified Judicial Scriveners Association to which he or she belongs that the registration has been canceled. |
| (2) | Matters necessary for cancellation of registration shall be prescribed by the Supreme Court Regulations. |
| (3) | Article 9 (3) and (4) for raising of an appeal to the rejection of registration shall apply mutatis mutandis to the cancellation of registration under paragraph (1). |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 14 (Establishment of Office) |
| (1) | If a certified judicial scrivener intends to start his or her business after registration, he or she shall establish an office in an area under the jurisdiction of a district court supervising the local Certified Judicial Scriveners Association he or she belongs to. |
| (2) | When a certified judicial scrivener starts his or her business, he or she shall without delay report it to the Korean Certified Judicial Scriveners Association through the local Certified Judicial Scriveners Association he or she belongs to. |
| (3) | A certified judicial scrivener shall have only one office. |
| (4) | A certified judicial scrivener may establish a joint office composed of at least two persons in order to perform his or her affairs systematically and professionally. In such cases, certified judicial scriveners comprising a joint office shall belong to the same local Certified Judicial Scriveners Association and may not be under the suspension of business or suspension of service. <Amended on Feb. 3, 2016> |
| (5) | A joint office under paragraph (4) may have a branch office in an area under the jurisdiction of the same district court which has jurisdiction over the seat of its office. |
| (6) | Establishment and administration of a joint office and other necessary matters shall be prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 15 (Names of Offices) |
| (1) | A certified judicial scrivener shall use such words as a certified judicial scrivener office or joint certified judicial scrivener office in name of its office, depending on the types of office, and indicate a branch office of a joint certified judicial scrivener office as a branch office. |
| (2) | A person who is not a certified judicial scrivener shall not use the name of a certified judicial scrivener office or other similar names, and the name of joint certified judicial scrivener office or its branch office or other similar names shall not be used unless it is a joint certified judicial scrivener office or its branch office. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 16 (Registration of Change of Affiliation) |
| (1) | If a certified judicial scrivener intends to change a local Certified Judicial Scriveners Association to which he or she belongs, he or she shall register for change of affiliation with the Korean Certified Judicial Scriveners Association through the local Certified Judicial Scriveners Association which he or she intends to newly join. |
| (2) | A certified judicial scrivener who has changed his or her affiliation under paragraph (1) shall without delay report such fact to the previous local Certified Judicial Scriveners Association he or she has belonged to. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 17 (Report of Business Closure) |
| (1) | Where a certified judicial scrivener has discontinued his or her business, he or she, or where he or she has died, his or her family, a person living with him or her or his or her clerical staff, shall report it without delay to the Korean Certified Judicial Scriveners Association through the Local Certified Judicial Scriveners Association he or she belongs to. |
| (2) | Matters necessary for the report under paragraph (1) shall be prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 18 (Report on Suspension of Business) |
| (1) | If a certified judicial scrivener intends to suspend his or her business, he or she shall without delay report it to the Korean Certified Judicial Scriveners Association through the Local Certified Judicial Scriveners Association he or she belongs to. In such cases, the period of suspension of business shall not exceed two years. |
| (2) | Where a certified judicial scrivener who suspended his or her business under paragraph (1) does not resume his or her business even after two years have passed, it shall be deemed that he or she has discontinued his or her business. |
| (3) | Matters necessary for report on the suspension of business under paragraph (1) shall be prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended on Mar. 21, 2008]
CHAPTER Ⅲ RIGHT AND OBLIGATION OF CERTIFIED JUDICIAL SCRIVENER
| Article 19 (Remuneration) |
| (1) | A certified judicial scrivener shall receive prescribed fees from a delegator. |
| (2) | A certified judicial scrivener shall not receive any money or articles, whatever a pretext may be, other than fees under paragraph (1) from a delegator. |
| (3) | Matters concerning standard for fees under paragraph (1) shall be prescribed by the Rules of the Korean Certified Judicial Scriveners Association. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 20 (Obligation to Comply with Delegation) |
| (1) | A certified judicial scrivener shall not refuse delegation of affairs without good cause. |
| (2) | With respect to one case with which a certified judicial scrivener dealt by the delegation of one party of the parties concerned, he or she shall not prepare documents for the other party: Provided, That this shall not apply to a case where both parties consent. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 20-2 (Obligation to Attend) |
A certified judicial scrivener shall, in standing as a proxy under Article 2 (1) 5, attend at an auction or public auction in person. [This Article Wholly Amended on Mar. 21, 2008]
| Article 21 (Prohibition on Act beyond Scope of Affairs and Lending of Certificate of Registration) |
| (1) | No certified judicial scrivener shall participate in a litigation or other dispute case of another person beyond the scope of his or her affairs. |
| (2) | No certified judicial scrivener shall lend a certificate of registration to another person. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 22 (Registry and Signature and Seal) |
| (1) | A certified judicial scrivener shall have a case registry; where a case is delegated to him or her, he or she shall record the following matters in the order of receiving delegation in the registry: |
| 2. | Year, month and date of receiving delegation; |
| 5. | The name and address of each delegating person; |
| 6. | Other necessary matters. |
| (2) | A certified judicial scrivener shall put his or her name and affix his or her seal to documents prepared according to delegation for such affairs at the end of documents or in the space therefor. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 23 (Clerical Staff) |
| (1) | A certified judicial scrivener may hire his or her clerical staff. |
| (2) | A certified judicial scrivener shall not employ any of the following persons as his or her clerical staff under paragraph (1): <Amended on Dec. 30, 2014; Jun. 9, 2020> |
| 1. | A person under adult guardianship; |
| (a) | A person in whose case three years have not passed since the completion (including where it is deemed to be completed) of, or exemption from, a sentence of imprisonment without labor, or greater punishment, as so declared by a court of law; |
| (b) | A person in whose case two years have not passed since the completion of the suspension of imprisonment, as so declared by a court of law; |
| (c) | A person who is under the suspension of imprisonment, as so declared by a court of law; |
| 3. | A person in whose case three years have not passed since he or she, as a public official, was dismissed or released from office by disciplinary action; |
| 4. | A person who is a clerical staff of the office of another certified judicial scrivener; |
| (3) | A certified judicial scrivener shall be responsible for providing direction to, and supervision over his or her clerical staff under paragraph (1) to perform his or her affairs properly. |
| (4) | The number and employment of clerical staff under paragraph (1) and other necessary matters shall be prescribed by the Supreme Court Regulations. |
| (5) | A certified judicial scrivener shall not have persons who are not clerical staff under paragraph (1) assist him or her for his or her affairs. |
| (6) | The head of a local Certified Judicial Scriveners Association may inquire the Director of the competent District Public Prosecutors’ Office about criminal records under paragraph (2) in connection with the employment of clerical staff by a certified judicial scrivener who belongs to such Association. |
| (7) | The Director of the competent District Public Prosecutors’ Office who has been requested under paragraph (6) may inquire criminal records and notify the results thereof. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 24 (Prohibition of Undue Inducement of Case) |
No certified judicial scrivener shall induce a case by utilizing a person making a business of brokerage of case, or other unjust method.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 25 (Verification on Delegator) |
If a case is delegated to a certified judicial scrivener, he or she shall confirm that a delegator is the principal or his or her agent by presentation or production of such certificates drawn up under statutes or regulations as a certificate of resident registration, a certificate of personal seal impression, etc. and by other sure method corresponding to it, and shall record such confirmation methods and contents, etc. in a case registry.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 26 (Liability for Damage) |
| (1) | A certified judicial scrivener shall be responsible for compensation for damage to the property of a delegator caused by him or her by intent or negligence in performing his or her duties. |
| (2) | In order to guarantee obligation to compensate damage under paragraph (1), a certified judicial scrivener shall purchase performance guarantee insurance or join a mutual aid under Article 67 as prescribed by the Supreme Court Regulations. <Amended on Feb. 3, 2016> |
| (3) | No certified judicial scrivener shall perform his or her business without taking measures to guarantee obligation to compensate damages under paragraph (2). <Newly Inserted on Feb. 3, 2016> |
| (4) | The chief justice of a district court may order a certified judicial scrivener who has performed business in violation of paragraph (3) to suspend his or her business. <Newly Inserted on Feb. 3, 2016> |
| (5) | A certified judicial scrivener in receipt of an order to suspend business under paragraph (4) may file an application for the cancellation of the order to suspend business with the chief justice of a district court, if he or she has taken the measures to guarantee obligation to compensate damage. <Newly Inserted on Feb. 3, 2016> |
| (6) | The chief justice of a district court in receipt of an application under paragraph (5) shall cancel the order to suspend business without delay, if the relevant measures for guarantee are confirmed to be taken. <Newly Inserted on Feb. 3, 2016> |
| (7) | Procedures for issuing and cancelling an order to suspend business pursuant to paragraphs (4) through (6) and other necessary matters shall be prescribed by the Supreme Court Regulations. <Newly Inserted on Feb. 3, 2016> |
[This Article Wholly Amended on Mar. 21, 2008]
[Title Amended on Feb. 3, 2016]
| Article 27 (Confidentiality) |
No person who is or was a certified judicial scrivener shall divulge any confidential information he or she has become aware of in the course of performing his duties without justifiable reason: Provided, That the same shall not apply where a delegator has consented or there are special provisions in the Acts.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 28 (Obligation of Joining Local Certified Judicial Scriveners Association) |
A certified judicial scrivener shall join a local Certified Judicial Scriveners Association established in the jurisdictional area of a district court which has jurisdiction over the seat of his or her office.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 29 (Education for Certified Judicial Scrivener) |
A certified judicial scrivener shall receive education necessary for performing his or her affairs as prescribed by the Rules of the Korean Certified Judicial Scriveners Association.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 30 (Obligation to Observe Rules of Association) |
A certified judicial scrivener shall perform his or her affairs faithfully, maintain his or her dignity and observe the rules of the local Certified Judicial Scriveners Association he or she belongs to and those of the Korean Certified Judicial Scriveners Association.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 31 (Obligation to Pay Membership Fee) |
A certified judicial scrivener shall have obligation to pay a membership fee necessary for the administration of the local Certified Judicial Scriveners Association he or she belongs to.
[This Article Wholly Amended on Mar. 21, 2008]
| (1) | A certified judicial scrivener shall be under the supervision of the local Certified Judicial Scriveners Association he or she belongs to, the Korean Certified Judicial Scriveners Association and the chief justice of a district court which has jurisdiction over the seat of his or her office. |
| (2) | If the chief justice of a district court deems supervision necessary, he or she may order a certified judicial scrivener to submit accounting books, case registries and other necessary documents, or have a public official under his or her control inspect them. |
| (3) | The chief justice of a district court may delegate the affairs concerning supervision under paragraph (2) to the chief of a branch court. |
[This Article Wholly Amended on Mar. 21, 2008]
CHAPTER Ⅳ JUDICIAL SCRIVENER CORPORATION
| Article 33 (Establishment of Judicial Scrivener Corporation) |
A person who is registered as a certified judicial scrivener may establish a judicial scrivener corporation to perform his or her affairs systematically and professionally and to improve public trust. <Amended on Feb. 3, 2016>
[This Article Wholly Amended on Mar. 21, 2008]
[Title Amended on Feb. 3, 2016]
| Article 34 (Procedures for Establishment) |
To establish a judicial scrivener corporation, certified judicial scriveners who will be its members, shall prepare the articles of association and obtain authorization from the Chief Justice of the Supreme Court through the Local Certified Judicial Scriveners Association at the seat of its main office. The same shall apply to the amendment to the articles of association. <Amended on Feb. 3, 2016>
[This Article Wholly Amended on Mar. 21, 2008]
| (1) | A judicial scrivener corporation shall be comprised of at least three certified judicial scriveners, and at least one of them shall fall under any subparagraphs of Article 5-2 (2) or shall have engaged in the affairs of a certified judicial scrivener for at least seven years. <Amended on Feb. 3, 2016> |
| (2) | A judicial scrivener corporation may hire certified judicial scriveners who are not its members. <Amended on Feb. 3, 2016> |
| (3) | When having hired certified judicial scriveners who are not its members, a judicial scrivener corporation shall report it without delay to the chief justice of a district court through the local Certified Judicial Scriveners Association at the seat of its main office. The same shall also apply to changes thereof. <Amended on Feb. 3, 2016> |
| (4) | Certified judicial scriveners who are members or not members of a judicial scrivener corporation shall be persons who have joined the same local Certified Judicial Scriveners Association and shall not be persons under the suspension of business or the suspension of service. <Amended on Feb. 3, 2016> |
| (5) | A judicial scrivener corporation which fails to meet the requirements for its members prescribed in paragraph (1) shall fill the vacancies for members within three months. <Newly Inserted on Feb. 3, 2016> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 36 (Matters to be Stated in Articles of Association) |
Matters under the following subparagraphs shall be stated in the articles of association of a judicial scrivener corporation: <Amended on Feb. 3, 2016>
| 1. | Purpose, name, seats of the main office and branch offices; |
| 2. | Names, resident registration numbers and addresses of members; |
| 3. | Kind and value of investment and standard for appraisal; |
| 4. | Matters concerning the meetings of members; |
| 5. | Matters concerning the representative of the corporation; |
| 6. | Matters concerning assets and accounting; |
| 7. | Term or reasons, if the term of existence or reasons for dissolution have been prescribed; |
| 8. | Other matters prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended on Mar. 21, 2008]
| (1) | A judicial scrivener corporation shall use the words "judicial scrivener corporation" in its name. <Amended on Feb. 3, 2016> |
| (2) | A person who is not a judicial scrivener corporation shall not use the name of a judicial scrivener corporation or other similar names. <Amended on Feb. 3, 2016> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 38 (Registration for Establishment) |
| (1) | When authorization for establishment has been made, a judicial scrivener corporation shall file registration of establishment within two weeks. The same shall also apply when matters to be registered have been modified. <Amended on Feb. 3, 2016> |
| (2) | The registration for establishment under paragraph (1) shall include the following: |
| 1. | Purposes, names, and locations of the principal office and branch offices; |
| 2. | Names, resident registration numbers and addresses of members; |
| 3. | Kind and value of investment and part to be performed by members; |
| 4. | Matters concerning the representative of the corporation and the name and address of a member who will represent the corporation; |
| 5. | Term or reasons, if the term of existence or reasons for dissolution have been prescribed; |
| 6. | Year, month, and date of authorization for establishment. |
| (3) | A judicial scrivener corporation shall be established at the time it registers such establishment at the location of its main office. <Amended on Feb. 3, 2016> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 39 (Registration) |
After registration of establishment of a corporation, the representative of a judicial scrivener corporation shall register without delay with the Korean Certified Judicial Scriveners Association through the local Certified Judicial Scriveners Association at the seat of its main office. <Amended on Feb. 3, 2016>
[This Article Wholly Amended on Mar. 21, 2008]
| Article 40 (Branch Offices) |
A judicial scrivener corporation may establish a branch office in the jurisdictional area of the district court having jurisdiction over the seat of its main office. In such cases, it shall be indicated at a branch office that it is a branch office of a judicial scrivener corporation. <Amended on Feb. 3, 2016>
[This Article Wholly Amended on Mar. 21, 2008]
| Article 41 (Methods of Performing Affairs) |
| (1) | A judicial scrivener corporation shall perform the affairs in the name of a corporation and shall designate a certified judicial scrivener in charge of such affairs from among members. <Amended on Feb. 3, 2016> |
| (2) | A certified judicial scrivener in charge under paragraph (1) shall represent the corporation when performing assigned affairs. |
| (3) | The name of the corporation shall be indicated on documents which a judicial scrivener corporation has prepared for its affairs, and the certified judicial scrivener in charge shall put a signature and seal on documents. <Amended on Feb. 3, 2016> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 41-2 (Restriction on Business of Members) |
| (1) | No member of a judicial scrivener corporation or a certified judicial scrivener who is not a member of a judicial scrivener corporation to which he or she belongs shall perform the business which is within the scope of the business of the relevant judicial scrivener corporation, or become a member of another judicial scrivener corporation or a certified judicial scrivener who is not a member of another judicial scrivener corporation to which he or she belongs, for himself or herself or for a third party. |
| (2) | No member of a judicial scrivener corporation or a certified judicial scrivener who is not a member of a judicial scrivener corporation to which he or she belongs shall perform the business performed or accepted to be performed by the judicial scrivener corporation during the period he or she belongs to the relevant judicial scrivener corporation: Provided, That the same shall not apply where the consent is obtained from the judicial scrivener corporation. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 42 (Joining and Withdrawal of Members) |
| (1) | A new member joining a judicial scrivener corporation shall obtain the consent of all members. <Amended on Feb. 3, 2016> |
| (2) | A member may withdraw from a joint corporation at his or her own discretion. |
| (3) | A member who has any of the following reasons shall necessarily withdraw from a joint corporation: <Amended on Feb. 3, 2016> |
| 1. | Where his or her registration has been canceled under Article 10 or 11; |
| 2. | Where he or she has received the disposition of suspension of service under Article 48; |
| 3. | Where circumstances prescribed by the articles of association has occurred; |
| 4. | Where an order to suspend business has been received under Article 51. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 43 (Cancellation of Authorization for Establishment) |
The Chief Justice of the Supreme Court may cancel authorization for establishment if a judicial scrivener corporation falls under any of the following cases: <Amended on Feb. 3, 2016>
| 1. | Where it fails to fill the vacancies for members within three months, in violation of Article 35 (5); |
| 2. | Where it has violated any statutes or regulations in connection with the performance of its business. |
[This Article Wholly Amended on Mar. 21, 2008]
| (1) | A judicial scrivener corporation shall be dissolved when it has any of the following reasons: <Amended on Feb. 3, 2016> |
| 1. | Occurrence of reasons for dissolution prescribed by the articles of association; |
| 2. | Consent of all the members; |
| 5. | Revocation of authorization for incorporation. |
| (2) | If a judicial scrivener corporation is dissolved, the liquidator shall report such fact without delay to the Chief Justice of the Supreme Court through the local Certified Judicial Scriveners Association at the seat of its main office. <Amended on Feb. 3, 2016> |
[This Article Wholly Amended on Mar. 21, 2008]
| (1) | A judicial scrivener corporation may merge with another judicial scrivener corporation with the consent of all members. <Amended on Feb. 3, 2016> |
| (2) | Articles 34, 36, 38, and 39 concerning procedures for establishment, matters to be stated in the articles of association, registration of establishment and registration shall apply mutatis mutandis to a case of paragraph (1). |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 45-2 (Organizational Change) |
| (1) | A judicial scrivener corporation which meets the requirements for incorporation of a judicial scrivener corporation (LLC) may, with the consent of all members, change its organization to a judicial scrivener corporation (LLC) after obtaining the authorization from the Chief Justice of the Supreme Court through the Local Certified Judicial Scriveners Association at the seat of its main office. |
| (2) | Where a judicial scrivener corporation obtains authorization for a judicial scrivener corporation (LLC) from the Chief Justice of the Supreme Court, it shall register its dissolution and the incorporation of a judicial scrivener corporation (LLC) at the seat of its main office within two weeks. |
| (3) | In cases of an organizational change under paragraph (1), if the existing net value of the estate of a judicial scrivener corporation is less than the total capital of a newly incorporated judicial scrivener corporation (LLC), the members existing as at the time the consent is obtained pursuant to paragraph (1) shall replenish the difference jointly and severally. |
| (4) | A person who was a member of the former judicial scrivener corporation among the members of a judicial scrivener corporation (LLC) incorporated pursuant to paragraph (1), shall be responsible for the liabilities of the judicial scrivener corporation incurred before the registrations are effectuated pursuant to paragraph (2) as a member of the judicial scrivener corporation until the two years lapse after the registrations. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 46 Deleted. <Feb. 3, 2016> |
| Article 47 (Provisions to be Applied Mutatis Mutandis) |
| (1) | The provisions concerning certified judicial scriveners of this Act shall apply mutatis mutandis to a judicial scrivener corporation within the extent that such provisions are not contrary to its nature. <Amended on Feb. 3, 2016> |
| (2) | The provisions concerning the unlimited partnership of the Commercial Act except for the matters prescribed by this Act shall apply mutatis mutandis to a judicial scrivener corporation. <Amended on Feb. 3, 2016> |
[This Article Wholly Amended on Mar. 21, 2008]
CHAPTER IV-II JUDICIAL SCRIVENER CORPORATION (LLC)
| Article 47-2 (Establishment) |
A person who is registered as a certified judicial scrivener may establish a judicial scrivener corporation (LLC) to perform his or her affairs systematically and professionally and to improve public trust.
[This Article Newly Inserted on Feb. 3, 2016]
| Article 47-3 (Procedure for Establishment) |
To establish a judicial scrivener corporation (LLC), certified judicial scriveners who will be its members, shall prepare the articles of association and obtain authorization from the Chief Justice of the Supreme Court through the Local Certified Judicial Scriveners Association at the seat of its main office. The same shall also apply to the amendment of the articles of association.
[This Article Newly Inserted on Feb. 3, 2016]
| Article 47-4 (Matters to be Stated in Articles of Association) |
Matters under the following subparagraphs shall be stated in the articles of association of a judicial scrivener corporation (LLC):
| 1. | Purposes, names, and locations of the principal office and branch offices; |
| 2. | Names, resident registration numbers and addresses of members, and address of a member who will represent the judicial scrivener corporation (LLC); |
| 3. | Total amount of capital and the number of shares held by each member; |
| 4. | Matters concerning the joining and withdrawal of members and other changes; |
| 5. | Matters concerning the meetings of members; |
| 6. | Matters concerning the representative of the judicial scrivener corporation (LLC); |
| 7. | Matters concerning assets and accounting; |
| 8. | Term or reasons, if the term of existence or reasons for dissolution has been prescribed. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 47-5 (Registration) |
| (1) | When authorization for establishment has been made, a judicial scrivener corporation (LLC) shall file registration of establishment within two weeks. The same shall also apply when matters to be registered have been modified. |
| (2) | Matters to be registered under paragraph (1) shall be as follows: |
| 1. | Purposes, names, and locations of the principal office and branch offices; |
| 2. | Value per invested share and total amount of capital; |
| 3. | Names and resident registration numbers of directors; |
| 4. | Name and address of the director who will represent the judicial scrivener corporation (LLC); |
| 5. | Where it is prescribed that two or more directors will jointly represent the judicial scrivener corporation (LLC), the relevant provisions; |
| 6. | Term or reasons, if the term of existence or reasons for dissolution has been prescribed; |
| 7. | Where an auditor exists, his or her name, resident number and address; |
| 8. | Year, month, and date of authorization for establishment. |
| (3) | A judicial scrivener corporation (LLC) shall be established at the time it registers such establishment at the location of its main office. |
[This Article Newly Inserted on Feb. 3, 2016]
| (1) | A judicial scrivener corporation (LLC) shall be comprised of at least five certified judicial scriveners, and at least two of them shall fall under any subparagraphs of Article 5-2 (2) or shall have engaged in the affairs of a certified judicial scrivener for at least 10 years. |
| (2) | A judicial scrivener corporation (LLC) may hire certified judicial scriveners who are not its members. |
| (3) | When having hired certified judicial scriveners who are not its members, a judicial scrivener corporation (LLC) shall report it without delay to the chief justice of a district court through the local Certified Judicial Scriveners Association at the seat of its main office. The same shall apply to changes thereof. |
| (4) | Certified judicial scriveners who are members or not members of a judicial scrivener corporation (LLC) shall be persons who have joined the same local Certified Judicial Scriveners Association and shall not be persons under the suspension of business or the suspension of service. |
| (5) | A judicial scrivener corporation (LLC) which fails to meet the requirements for its members prescribed in paragraph (1) or (4) shall fill the vacancies for members within three months. |
| (6) | A judicial scrivener corporation (LLC) shall have at least three directors. In such cases, any of the following persons shall not be a director: |
| 1. | A person who is not a member; |
| 2. | A person who was a director of a judicial scrivener corporation (LLC), the authorization for the establishment of which is canceled (limited to a person who was a director as at the time the grounds for the cancellation occurred) and for whom three years have not lapsed yet from the cancellation; |
| 3. | A person who is under the suspension of service under Article 51. |
| (7) | A judicial scrivener corporation (LLC) may have one or more auditors. In such cases, each auditor shall be a certified judicial scrivener. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 47-7 (Total Capital) |
| (1) | The total capital of a judicial scrivener corporation (LLC) shall be at least 100 million won. |
| (2) | The value per invested share shall be 10 thousand won. |
| (3) | Number of shares invested by each member shall be at least two thousand shares. |
| (4) | If the amount obtained by deducting total amount of liabilities from the total amount of assets on the balance sheet as of the end of the immediately preceding business year is less than 100 million won, the judicial scrivener corporation (LLC) shall increase the capital or replenish the shortage with donations made by its members within six months after the end of each business year. |
| (5) | Donations made pursuant to paragraph (4) shall be included in a special profit. |
| (6) | Where a judicial scrivener corporation (LLC) fails to increase its capital or make replenishment pursuant to paragraph (4), the Chief Justice of the Supreme Court may order it to increase the capital or make replenishment, fixing a period therefor. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 47-8 (Restriction on Investment in other Corporations) |
| (1) | No judicial scrivener corporation (LLC) shall invest in any other corporation or provide the debt guarantee for any other person in excess of the amount obtained by multiplying a percentage prescribed by the Supreme Court Regulations within the extent of 50 percent of its own equity capital. |
| (2) | The equity capital under paragraph (1) means the amount obtained by deducting the total amount of liabilities from the total amount of assets on the balance sheet as of the end of the immediately preceding business year. In cases of a newly incorporated judicial scrivener corporation (LLC) which has no balance sheet as of the immediately preceding business year, it refers to the paid-in capital as at the time it was incorporated. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 47-9 (Liabilities of Members) |
The liabilities of a member of a judicial scrivener corporation (LLC) shall be limited to the amount of his or her investment except as provided in this Act.
[This Article Newly Inserted on Feb. 3, 2016]
| Article 47-10 (Liability for Damages Related to Cases Accepted) |
| (1) | Where a certified judicial scrivener in charge causes any damage, by intent or negligence, to the delegator of a case that he or she has accepted in connection with the relevant case, he or she and the judicial scrivener corporation (LLC) shall be jointly and severally liable for the damages. |
| (2) | Where a certified judicial scrivener in charge bears liability for damages pursuant to paragraph (1), the member who has given direct directions and supervision to the relevant certified judicial scrivener in charge shall also be liable to compensate the damage: Provided, That the same shall not apply where it is proven that such member has not neglected to take due care while conducting directions and supervision. |
| (3) | A judicial scrivener corporation (LLC) shall specify the matters concerning the liability for damages prescribed in paragraphs (1) and (2) in each contract for acceptance of case and advertisement, as prescribed by the Supreme Court Regulations. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 47-11 (Reserve Fund for Damage Compensation) |
| (1) | In order to guarantee the liability for damages pursuant to Article 47-10 in connection with the cases it has accepted, a judicial scrivener corporation (LLC) shall accumulate a reserve fund for damage compensation each business year, or purchase the performance guarantee insurance or subscribe to the mutual aid operated by the Korean Certified Judicial Scriveners Association. |
| (2) | The reserve for damage compensation, performance guarantee insurance or mutual aid fund referred to in paragraph (1) shall not be used for any other purpose than damage compensation, or such insurance contract or mutual aid contract shall not be rescinded or canceled without approval from the Chief Justice of the Supreme Court. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 47-12 (Revocation of Authorization) |
Where a judicial scrivener corporation (LLC) falls under any of the following cases, the Chief Justice of the Supreme Court may revoke the authorization for the establishment thereof:
| 1. | Where it fails to fill the vacancies for members within three months, in violation of Article 47-6 (5); |
| 2. | Where any director falls under any subparagraph of Article 47-6 (6): Provided, That the same shall not apply where the relevant director is replaced within three months from the date on which the relevant ground has occurred; |
| 3. | Where it fails to comply with an order to increase its capital or make replenishment, issued by the Chief Justice of the Supreme Court pursuant to Article 47-7 (6); |
| 4. | Where it invests in any other corporation or provides the debt guarantee for any other person, in violation of Article 47-8 (1); |
| 5. | Where it fails to accumulate a reserve fund for damage compensation or to purchase the performance guarantee insurance, or to subscribe to the mutual aid prescribed in Article 67, in violation of Article 47-11 (1); |
| 6. | Where it violates any statutes or regulations concerning the performance of its business. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 47-13 (Dissolution) |
| (1) | A judicial scrivener corporation (LLC) shall be dissolved when it has any of the following reasons: |
| 1. | Occurrence of reasons for dissolution prescribed by the articles of association; |
| 2. | Consent of a majority of all members and at least 3/4 of the voting rights of all members; |
| 5. | Cancellation of authorization for establishment; |
| 6. | If its term of existence is prescribed, after the lapse of such term. |
| (2) | If a judicial scrivener corporation (LLC) is dissolved, the liquidator shall report such fact without delay to the Chief Justice of the Supreme Court through the local Certified Judicial Scriveners Association at the seat of its main office. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 47-14 (Provisions Applicable Mutatis Mutandis) |
| (1) | The provisions concerning certified judicial scriveners of this Act and Articles 37, 39 through 41, 41-2, and 42 shall apply mutatis mutandis to a judicial scrivener corporation (LLC) within the extent that such provisions are not contrary to its nature. |
| (2) | The provisions concerning a limited-liability company of the Commercial Act except for the matters prescribed by this Act shall apply mutatis mutandis to a judicial scrivener corporation (LLC). |
[This Article Newly Inserted on Feb. 3, 2016]
CHAPTER Ⅴ DISCIPLINARY ACTION ON CERTIFIED JUDICIAL SCRIVENER
| Article 48 (Disciplinary Action) |
| (1) | If a certified judicial scrivener falls under any of the following subparagraphs, the chief justice of a district court shall request the Certified Judicial Scrivener Disciplinary Action Committee under Article 49 to resolve disciplinary actions and take disciplinary actions according to it: |
| 1. | Where he or she has violated this Act or the Supreme Court Regulations under this Act; |
| 2. | Where he or she has violated the rules of the local Certified Judicial Scriveners Association he or she belongs to or the Rules of the Korean Certified Judicial Scriveners Association; |
| 3. | Where he or she has neglected supervision on the affairs of his or her clerical staff; |
| 4. | Where he or she has not performed affairs for six months or more without reporting the suspension of his or her business; |
| 5. | Where he or she has committed an act losing dignity as a certified judicial scrivener regardless of his or her affairs. |
| (2) | Types of disciplinary actions shall be classified as follows: |
| 2. | Suspension of service at least for one month but not more than two years; |
| 3. | Administrative fines not exceeding five million won; |
| (3) | The decision on an administrative fine under paragraph (2) 3 shall have the same effect as the executive titles having executive force under the Civil Execution Act, and shall be executed by the command of a public prosecutor. <Amended on Feb. 3, 2016> |
| (4) | The president of the Korean Certified Judicial Scriveners Association in receipt of a decision to take a disciplinary action from the chief justice of a district court pursuant to paragraph (1) shall disclose it without delay by such methods as posting it on the website operated by the Korean Certified Judicial Scriveners Association, etc. for at least three months. The scope of disclosure and methods of execution of disciplinary actions, and other necessary matters shall be prescribed by the Supreme Court Regulations. <Newly Inserted on Feb. 3, 2016> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 49 (Certified Judicial Scrivener Discipline Committee) |
| (1) | A Certified Judicial Scrivener Discipline Committee shall be set up within a district court for the resolution of disciplinary action on certified judicial scriveners. |
| (2) | Matters necessary for the organization and administration, etc. of the Certified Judicial Scrivener Discipline Committee shall be prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 50 (Prescription of Ground for Disciplinary Action) |
Request for decision on disciplinary actions shall not be made, if three years have passed from the date when grounds for disciplinary acts have occurred. <Amended on Feb. 3, 2016>
[This Article Wholly Amended on Mar. 21, 2008]
| Article 51 (Order to Suspend Business) |
| (1) | Where a public prosecution is filed or procedures for a disciplinary action is commenced against a certified judicial scrivener pursuant to Article 48, and the result of a trial or decision on a disciplinary action is very likely to result in the cancellation of his or her registration or expulsion, and thereby, if there is any specific danger of causing harm to the interest of the delegator or the public if the matter is left as it is, the chief justice of a district court may demand the Certified Judicial Scrivener Discipline Committee to decide on the suspension of business of the relevant certified judicial scrivener: Provided, That the same shall not apply where a summary order is demanded or where he or she is prosecuted for criminal negligence. |
| (2) | The chief justice of a district court may order a certified judicial scrivener to suspend business based on the decision of the Certified Judicial Scrivener Discipline Committee. |
| (3) | Necessary matters concerning the procedures of an order to suspend business under paragraph (2) may be prescribed by the Supreme Court Regulations. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 51-2 (Period of Suspension of Business and Renewal Thereof) |
| (1) | The Certified Judicial Scrivener Discipline Committee shall decide on the suspension of business within one month from the date on which a demand is received pursuant to Article 51 (1): Provided, That if any extenuating circumstances exist, the period may be extended to the extent of one month by its decision. |
| (2) | The period of suspension of business shall be six months: Provided, That if the trial proceedings or procedures for a disciplinary action is not completed and the ground for the suspension of business still exists, the chief justice of a district court may renew the period of suspension of business depending on the decision of the Certified Judicial Scrivener Discipline Committee. |
| (3) | The period which may be renewable under the proviso to paragraph (2) shall be determined by the unit of three months. |
| (4) | The period of suspension of business shall not exceed two years, including the renewed period. |
| (5) | If a certified judicial scrivener who has received an order to suspend business receives a disposition of disciplinary action due to the same act as the relevant prosecuted criminal case, the period of suspension of business imposed by the order to suspend business shall be included in the period of suspension of business imposed by the disciplinary action. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 51-3 (Cancellation and Invalidation of Order to Suspend Business) |
| (1) | Where a certified judicial scrivener who is under the period of business suspension is not likely to be subject to the cancellation of registration or exclusion in the light of the trial proceedings or procedures for a disciplinary action taken against him or her and if there exists a fair ground to acknowledge that a specific danger of infringing on the interest of the delegator or the public does not exist any no longer, the chief justice of a district court may cancel the order ex officio. |
| (2) | The head of the Korean Certified Judicial Scriveners Association or a certified judicial scrivener in receipt of an order to suspend business may file an application for cancellation of the order to suspend business with the chief justice of the competent district court. |
| (3) | Upon receipt of an application pursuant to paragraph (2), the chief justice of a district court shall cancel the order to suspend business or request the Certified Judicial Scrivener Discipline Committee to deliberate thereon; and if the Certified Judicial Scrivener Discipline Committee resolves to cancel it, he or she shall cancel it without delay. |
| (4) | An order to suspend business shall become invalid when the judgment of the relevant criminal case or determination of a disciplinary action against the certified judicial scrivener who has received the order to suspend business becomes finalized. |
[This Article Newly Inserted on Feb. 3, 2016]
CHAPTER Ⅵ LOCAL CERTIFIED JUDICIAL SCRIVENERS ASSOCIATION
| Article 52 (Purpose and Establishment) |
| (1) | In order to maintain the dignity of certified judicial scriveners, to promote the improvement of their job performance and to conduct affairs concerning guidance for, and communication among members, certified judicial scriveners shall establish one local Certified Judicial Scriveners Association in each jurisdictional area of a district court. |
| (2) | A local Certified Judicial Scriveners Association shall be a juristic person. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 53 (Procedures for Establishment) |
Certified judicial scriveners who will be the members of a local Certified Judicial Scriveners Association shall make its rules to establish the Association and obtain approval from the Chief Justice of the Supreme Court through the Korean Certified Judicial Scriveners Association. The same shall apply when it intends to modify the rules of the Association.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 54 (Rules of Association) |
The following matters shall be stated in the rules of the local Certified Judicial Scriveners Association:
| 1. | Name and seat of the office; |
| 2. | Matters concerning joining and withdrawal of members; |
| 3. | Matters concerning the rights and obligations of members; |
| 4. | Matters concerning general meetings, the board of directors, and organization, authority and meetings of other organs; |
| 5. | Matters concerning the appointment, terms of office and affairs of executive members; |
| 6. | Matters concerning guidance for, and communication among members; |
| 7. | Matters concerning assets and accounting; |
| 8. | Matters concerning the payment of a membership fee; |
| 9. | Other matters necessary for the accomplishment of the purpose of local Certified Judicial Scriveners Association. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 55 (Obligation of Report of Local Certified Judicial Scriveners Association) |
Where a certified judicial scrivener who belongs to a local Certified Judicial Scriveners Association falls under any of the following subparagraphs, the Association shall without delay report it to the chief justice of a district court:
| 1. | Where reasons falling under any subparagraphs of Article 10 or falling under the cancellation of registration under Article 11 have occurred; |
| 2. | Where reasons for disciplinary actions falling under any subparagraphs of Article 48 (1) have occurred; |
| 3. | Where he or she has been prosecuted for a criminal case or has been sentenced to imprisonment without labor or heavier punishment. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 56 (General Meetings) |
| (1) | A local Certified Judicial Scriveners Association shall hold a general meeting once each year and may hold extraordinary general meetings, if necessary. |
| (2) | Extraordinary general meetings shall be convened at the request of the chairperson or at the request of the number of members specified by the rules of the Association. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 57 (Report on Resolutions of General Meetings) |
A local Certified Judicial Scriveners Association, when it has closed a general meeting, shall report without delay the matters of resolution and the inauguration and retirement of executive members to the chief justice of a district court.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 58 (Matters Required of Resolution of General Meeting) |
Matters in the following subparagraphs shall undergo a resolution of a general meeting:
| 1. | Modification of the rules of the Association; |
| 2. | Budget and settlement of accounts. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 59 (Cancellation of Resolution of General Meeting) |
When the Chief Justice of the Supreme Court deems that a resolution of a local Certified Judicial Scriveners Association violates any statutes or regulations or impedes the public interests, he or she may order the local Certified Judicial Scriveners Association to cancel such resolution.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 60 (Dispute Arbitration Committee) |
| (1) | A local Certified Judicial Scriveners Association shall have the Dispute Arbitration Committee to arbitrate disputes in the course of performing duties or settle the grievances between a delegator and a certified judicial scrivener or among certified judicial scriveners. |
| (2) | Matters necessary for the organization and administration, etc. of the Dispute Arbitration Committee shall be prescribed by the Rules of the Korean Certified Judicial Scriveners Association. |
[This Article Wholly Amended on Mar. 21, 2008]
| (1) | A local Certified Judicial Scriveners Association shall be under the supervision of the Korean Certified Judicial Scriveners Association and the chief justice of a district court which has jurisdiction over its seat. |
| (2) | Article 32 (2) shall apply mutatis mutandis to cases under paragraph (1). In such cases, a "certified judicial scrivener" shall be deemed "Local Certified Judicial Scriveners Association." |
[This Article Wholly Amended on Mar. 21, 2008]
CHAPTER Ⅶ KOREAN CERTIFIED JUDICIAL SCRIVENERS ASSOCIATION
| Article 62 (Purpose and Establishment) |
| (1) | In order to maintain the dignity of certified judicial scriveners, to promote the improvement of the performance of their affairs and to conduct affairs concerning guidance for, and communication among a local Certified Judicial Scriveners Association and its members and the registration of certified judicial scriveners, the local Certified Judicial Scriveners Associations shall jointly establish the Korean Certified Judicial Scriveners Association. |
| (2) | The Korean Certified Judicial Scriveners Association shall be a juristic person. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 63 (Matters to be Stated in Rules of Association) |
The matters pursuant to subparagraphs of Article 54 (1) and the matters concerning the affairs of registration and the standard of a fee of a certified judicial scrivener shall be included in the Rules of the Korean Certified Judicial Scriveners Association. [This Article Wholly Amended on Mar. 21, 2008]
| Article 64 (Financial Resources) |
The revenue sources necessary for the administration of the Korean Certified Judicial Scriveners Association shall be membership fees borne by each local Certified Judicial Scriveners Association.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 65 (General Meetings) |
A general meeting shall be composed of the chairperson of each local Certified Judicial Scriveners Association and the representatives elected by each local Certified Judicial Scriveners Association.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 66 (Registration Review Committee) |
| (1) | The Korean Certified Judicial Scriveners Association shall have a Registration Review Committee to examine the matters concerning the rejection of registration under Article 9 and the cancellation of registration under subparagraph 3 of Article 10 and Article 11. |
| (2) | Matters necessary for the organization and administration, etc. of the Registration Review Committee shall be prescribed by the Rules of the Korean Certified Judicial Scriveners Association. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 67 (Mutual Aid Business) |
| (1) | In order to guarantee liabilities of a certified judicial scrivener under Article 26 to compensate damage, the Korean Certified Judicial Scriveners Association may perform mutual relief aid business as prescribed by its Rules. |
| (2) | When the Korean Certified Judicial Scriveners Association intends to perform mutual relief aid business under paragraph (1), it shall establish the provisions of mutual relief aid and obtain approval from the Chief Justice of the Supreme Court. The same shall apply when modifying the provisions of mutual relief aid. |
| (3) | Necessary matters concerning the administration of mutual relief aid business such as the scope of mutual relief aid business, the details of mutual relief aid contract, mutual relief aid funds, fees for mutual relied aid, etc. shall be prescribed by the provisions of mutual relief aid under paragraph (2). |
[This Article Wholly Amended on Mar. 21, 2008]
The Korean Certified Judicial Scriveners Association shall be under the supervision of the Chief Justice of the Supreme Court.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 69 (Duty to Report) |
The Korean Certified Judicial Scriveners Association shall report without delay to the Chief Justice of the Supreme Court on the matters concerning registration, rejection of registration, registration of change of affiliation, opening of business, discontinuance of business and cancellation of registration.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 70 (Provisions to Be Applied Mutatis Mutandis) |
The provisions of Articles 32 (2), 53 and 56 through 60 concerning orders to a local Certified Judicial Scriveners Association to present documents and inspection thereon, procedures for establishment, general meetings and Dispute Arbitration Committee, etc. shall apply mutatis mutandis to the Korean Certified Judicial Scriveners Association. In such cases, the "local Certified Judicial Scriveners Association" shall be deemed the "Korean Certified Judicial Scriveners Association", the "chief justice of a district court" and the "certified judicial scrivener" in Article 32 (2) shall be deemed the "Chief Justice of the Supreme Court" and "Korean Certified Judicial Scriveners Association" respectively, and the "chief justice of a district court" in Article 57 shall be deemed the "Chief Justice of the Supreme Court". [This Article Wholly Amended on Mar. 21, 2008]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
A hearing shall be held where any of the following dispositions is to be rendered: <Amended on Feb. 3, 2016>
| 1. | Cancellation of registration of a certified judicial scrivener under Article 11; |
| 2. | Cancellation of authorization for establishment of a judicial scrivener corporation under Article 43; |
| 3. | Cancellation of authorization for establishment of a judicial scrivener corporation (LLC) under Article 47-12. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 70-3 (Delegation of Authority) |
The Chief Justice of the Supreme Court may delegate the following authority to the chief justice of a district court, as prescribed by the Supreme Court Regulations:
| 1. | Authorization under Articles 34 (including cases of application mutatis mutandis under Article 45 (2)) and 47-3; |
| 2. | Cancellation of authorization under Articles 43 and 47-12; |
| 3. | Receipt of reports on dissolution under Articles 44 (2) and 47-13 (2); |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 70-4 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 71 (Provisions for Delegation) |
Matters necessary for the enforcement of this Act shall be prescribed by the Supreme Court Regulations.
[This Article Wholly Amended on Mar. 21, 2008]
CHAPTER IX PENALTY PROVISIONS
| Article 72 (Lending of Certificate of Registration) |
| (1) | A certified judicial scrivener who has lent a certificate of registration to another person in violation of Article 21 (2) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 10 million won. The same shall apply to a person who has borrowed a certificate of registration of a certified judicial scrivener. <Amended on Dec. 12, 2017> |
| (2) | Any money and valuables or other benefits acquired by a person in violation of paragraph (1) (including a judicial scrivener corporation or judicial scrivener corporation (LLC) governed mutatis mutandis under Article 47 or 47-14) or a third person with the knowledge of the fact shall be confiscated. Where it is impractical to confiscate the same, the value equivalent thereto shall be collected. <Newly Inserted on Dec. 12, 2017> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 73 (Violation of Scope of Affairs) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding five million won: <Amended on Feb. 3, 2016> |
| 1. | A person who has failed to attend a place of an auction or public auction in personal when standing as a proxy, in violation of Article 20-2; |
| 2. | A person who has committed an act beyond the scope of affairs in violation of Article 21 (1); |
| 3. | A person who has induced a case by unjust methods in violation of Article 24; |
| 4. | A person who has performed business of a certified judicial scrivener, in violation of an order to suspend business issued under Article 26 (4) or 51; |
| 5. | A person who has performed business of a certified judicial scrivener, in violation of an order to suspend business issued under Article 48 (2) 2. |
| (2) | Deleted. <Feb. 3, 2016> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 74 (Activity of Person who Is Not Certified Judicial Scrivener) |
| (1) | If a person who is not a certified judicial scrivener falls under any of the following subparagraphs, he or she shall be punished by imprisonment with labor for up to three years or by a fine not exceeding five million won: |
| 1. | Where he or she conducts affairs prescribed by Article 2 as his or her job, in violation of Article 3, or has used the name of a certified judicial scrivener or other similar names; |
| 2. | Where he or she has indicated or stated on documents, pictures, facilities, etc. for the purpose of making profits that he or she deals with the affairs of a certified judicial scrivener. |
| (2) | A person who has habitually committed crimes referred to in paragraph (1) shall be punished by imprisonment with labor for up to five years. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 75 (Violation of Obligation to Comply with Delegation) |
A person who has violated Article 20 (1) or (2) shall be punished by a fine not exceeding 500 thousand won. [This Article Wholly Amended on Mar. 21, 2008]
| Article 76 (Joint Penalty Provisions) |
If a member of a judicial scrivener corporation or judicial scrivener corporation (LLC), or a certified judicial scrivener who is not a member of a judicial scrivener corporation or judicial scrivener corporation (LLC) to which he or she belongs, has committed an act in violation of Article 72 (1), 73, or 75 for the affairs of a corporation, not only such an offender but a judicial scrivener corporation or judicial scrivener corporation (LLC) shall also be fined under the respective Articles: Provided, That this shall not apply when the corporation has not been negligent of giving reasonable attention to, and supervision over the affairs concerned to prevent such violation. <Amended on Feb. 3, 2016; Dec. 12, 2017> [This Article Wholly Amended on Mar. 21, 2008]
ADDENDA <Act No. 5180, Dec. 12, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1997.
Article 2 (Transitional Measure on Qualification of Certified Judicial Scrivener)
Any person who has a qualification as a certified judicial scrivener under the previous provisions at the time this Act enters into force shall be considered as a qualified certified judicial scrivener under this Act.
Article 3 (Transitional Measure on Acquisition of Qualification of Certified Judicial Scrivener)
A person in tenure of office in a court, constitutional court, or public prosecutor’s office at the time this Act enters into force, may be acknowledged as possessing the qualifications of a certified judicial scrivener under the conditions as prescribed by Article 4 (1) 1 of the previous Act and Article 3 of Addendum of the amended Copyist Act (Act No. 4200). Article 4 (Transitional Measure on Registration, etc.)
Registration, rejection of registration, cancellations of registration, report of closedown, report of suspension of business or disciplinary action under the previous provisions at the time this Act enters into force shall be considered as registration, rejection of registration, cancellations of registration, report of closedown, report of suspension of business or disciplinary action under this Act.
Article 5 (Transitional Measure on Joint Office)
The joint office established under the previous provisions at the time this Act enters into force shall meet the conditions as prescribed by Article 14 (4) by December 31, 1997. Article 6 (Transitional Measures on Delegated Matters)
Matters which are delegated to the Supreme Court Regulations and the rules of the Korean Certified Judicial Scriveners Association shall be governed by the previous provisions until the Supreme Court Regulations and the rules of the Korean Certified Judicial Scriveners Association concerned are enacted or amended.
Article 7 (Transitional Measures on Establishment of Local or Korean Certified Judicial Scriveners Association)
The Local Certified Judicial Scriveners Association and the Korean Certified Judicial Scrivener’s Association at the time this Act enters into force shall be regarded as the Local Certified Judicial Scriveners Association and the Korean Certified Judicial Scriveners Association under this Act.
Article 8 (Relation with Other Acts)
In a case where the previous the Certified Judicial Scriveners Act or its provisions are quoted by other statutes at the time this Act enters into force, and if there is a provision corresponding to this Act or its provisions, it shall be regarded as if such provisions of this Act had been quoted in lieu of the previous provisions.
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.
ADDENDA <Act No. 6860, Mar. 12, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicable Cases concerning Change of Grounds, etc. for Rejection of Registration)
| (1) | The amended provisions of Article 9 (1) 4 and 5 and Article 11 shall apply with respect to the grounds which occur on or after the enforcement date of this Act. |
| (2) | The amended provisions of Article 9 (2) shall apply to the registration application which is filed on or after the enforcement date of this Act. |
Article 3 (Applicable Cases concerning Disqualifications for Clerical Staff)
The amended provisions of Article 23 (2) shall apply to the clerical staff which is employed on or after the enforcement date of this Act. Article 4 (Transitional Measures on Qualification for Certified Judicial Scrivener)
Any person who holds qualification for a certified judicial scrivener under the previous provisions at the time of the enforcement of this Act shall be deemed to have qualification for a certified judicial scrivener under this Act.
Article 5 (Transitional Measures on Acquisition of Qualification for Certified Judicial Scrivener)
Any person who works, or has worked, for the court, Constitutional Court or public prosecutors’ office at the time of enforcement of this Act may be granted qualification for a certified judicial scrivener under this Act in accordance with the previous provisions of Article 4 (1) 1 and the provisions of Article 3 of the Addenda of the amended Certified Judicial Scriveners Act, Act No. 5180. Article 6 (Transitional Measures on Disqualifications for Certified Judicial Scrivener)
The previous provisions shall apply with respect to disqualifications for any person who was sentenced to imprisonment without prison labor or heavier punishment or consigned to a suspended sentence of such punishment, removed from his office by a disciplinary action, or delisted under this Act, prior to the enforcement of this Act.
Article 7 (Transitional Measures on Disciplinary Action)
The previous provisions of Article 48 (2) 3 shall apply with respect to any disciplinary action to be taken against any offense committed prior to the enforcement of this Act.
ADDENDA <Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ...
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7638, Jul. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7895, Mar. 24, 2006>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDUM <Act No. 8920, Mar. 21, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12885, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons)
Persons under adult guardianship and persons under limited guardianship under the amended provisions of subparagraph 1 of Article 6 and Article 23 (2) 1 shall be deemed to include persons on whom the effect of adjudication of incompetency or quasi-incompetent remains in effect.
ADDENDA <Act No. 13953, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicable Cases concerning Suspension of Business)
The amended provisions of Articles 26 (4) and 51 shall apply to violations occurring after this Act enters into force. Article 3 (Applicable Cases concerning Disclosure of Dispositions of Disciplinary Actions)
The amended provisions of Article 48 (4) shall apply to persons who receives a disposition of a disciplinary action after this Act enters into force. Article 4 (Transitional Measures concerning Certified Judicial Scrivener Examination)
Notwithstanding the amended provisions of Article 5, an examination in progress as at the time this Act enters into force, shall be governed by the former provisions. Article 5 (Transitional Measures concerning Change of Name of Joint Corporation of Certified Judicial Scriveners)
A corporation of certified judicial scriveners which has been established as at the time this Act enters into force shall be deemed a judicial scrivener corporation under this Act.
Article 6 (Transitional Measures concerning Extension of Period of Prescription of Disciplinary Action)
Notwithstanding the amended provisions of Article 50, persons against whom grounds for disciplinary actions have occurred before this Act enters into force shall be governed by the former provisions. Article 7 Omitted.
Article 8 (Relationship to Other Statutes)
Where any other statute cites a joint corporation of certified judicial scriveners as at the time this Act enters into force, it shall be deemed to cite a judicial scrivener corporation under this Act in lieu thereof.
ADDENDUM <Act No. 14967, Oct. 31, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15151, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Confiscation and Collection)
The amended provisions of Article 72 (2) shall begin to apply to the first case where a judicial scrivener lends his/her certificate of registration to another person after this Act enters into force.
ADDENDUM <Act No. 16911, Feb. 4, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17366, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation.