ACT ON DISCIPLINE OF PROSECUTORS
Act No. 0, ,
Act No. 438, Feb. 15, 1957
Act No. 1153, Sep. 24, 1962
Act No. 1573, Dec. 16, 1963
Act No. 3882, Dec. 31, 1986
Act No. 6082, Dec. 31, 1999
Act No. 7078, Jan. 20, 2004
Act No. 7427, Mar. 31, 2005
Act No. 8056, Oct. 27, 2006
Act No. 9817, Nov. 2, 2009
Act No. 12585, May 20, 2014
Act No. 13709, Jan. 6, 2016
Act No. 14581, Mar. 14, 2017
Act No. 16312, Apr. 16, 2019
Act No. 17500, Oct. 20, 2020
Act No. 18668, Jan. 4, 2022
The purpose of this Act is to provide for matters necessary for disciplinary action against a prosecutor.
[This Article Wholly Amended on Nov. 2, 2009]
| Article 2 (Grounds for Disciplinary Action) |
A prosecutor falling under any of the following shall be subject to disciplinary action:
| 1. | Where he or she violates Article 43 of the Prosecutors' Office Act; |
| 2. | Where he or she violates any of his or her official duties, or neglects any of his or her duties; |
| 3. | Where he or she commits any act detrimental to his or her prestige or dignity as a prosecutor, regardless of whether it is related to his or her official duties. |
[This Article Wholly Amended on Nov. 2, 2009]
| Article 3 (Categories of Disciplinary Action) |
| (1) | Disciplinary action shall be classified into dismissal, removal, suspension from office, salary reduction, and reprimand. <Amended on Nov. 2, 2009> |
| (2) | Deleted. <Oct. 27, 2006> |
| (3) | Suspension from office means suspending a prosecutor from performing his or her official duties for a period of between not less than one month and not more than six months without remuneration. <Amended on Nov. 2, 2009> |
| (4) | Salary reduction means reducing a salary by not more than 1/3 for a period of between not less than one month and not more than one year. <Amended on Nov. 2, 2009> |
| (5) | Reprimand means having a prosecutor reflect on a misconduct he or she has committed while engaging in his or her official duties. <Amended on Nov. 2, 2009> |
[This Article Wholly Amended on Sep. 24, 1962]
[Title Amended on Nov. 2, 2009]
| Article 4 (Prosecutor Disciplinary Committee) |
| (1) | The Prosecutor Disciplinary Committee (hereinafter referred to as the "Committee") shall be established in the Ministry of Justice in order to deliberate on disciplinary action against prosecutors. |
| (2) | The Committee shall be comprised of nine members including a chairperson with three reserve members. <Amended on Oct. 20. 2020> |
[This Article Wholly Amended on Nov. 2, 2009]
| Article 5 (Duties of Chairperson and Terms of Office of Members) |
| (1) | The Minister of Justice shall hold the office of chairperson. |
| (2) | Members shall be appointed or commissioned by the Minister of Justice from among any of the following persons: <Amended on Oct. 20. 2020> |
| 1. | The Vice Minister of Justice; |
| 2. | Two prosecutors nominated by the Minister of Justice; |
| 3. | One attorney-at-law recommended by the president of the Korean Bar Association; |
| 4. | Two law professors recommended each by the president of the incorporated Korea Law Professors Association and the chief director of the incorporated Association of Korean Law Schools; |
| 5. | Two persons with extensive knowledge and experience, not qualified as an attorney-at-law. In such cases, at least one of them shall be a woman. |
| (3) | Reserve members shall be nominated by the Minister of Justice from among prosecutors. |
| (4) | The term of office of the members under paragraph (2) 3 through 5 shall be three years. <Amended on Oct. 20, 2020> |
| (5) | The chairperson shall have overall control over the affairs of the Committee, convene meetings and preside thereover. |
| (6) | When the chairperson is unable to perform his or her official duties due to inevitable circumstances, a member nominated by the chairperson shall act on his or her behalf, and the member nominated by the chairperson is unable to perform his or her official duties due to unavoidable circumstances, the reserve member nominated by the chairperson shall act on his or her behalf. |
[This Article Wholly Amended on Nov. 2, 2009]
| Article 6 (Committee Officials) |
| (1) | The Committee shall have one administrative secretary and several assistant secretaries. |
| (2) | The Director of the Prosecution Division Bureau in the Ministry of Justice shall hold the office of secretary, and assistant secretaries shall be appointed by the chairperson from among public officials of the Prosecution Division in the Prosecution Bureau. |
| (3) | The secretary and assistant secretaries shall engage in affairs concerning the preparation or preservation of documents related to disciplinary action upon receiving the order of the chairperson. |
[This Article Wholly Amended on Nov. 2, 2009]
| Article 7 (Requests for and Commencement of Disciplinary Action) |
| (1) | The Committee shall begin its deliberation on disciplinary action at the request of the Prosecutor General. |
| (2) | Where the Prosecutor General deems that a prosecutor has committed an act falling under any subparagraph of Article 2, he or she shall make a request under paragraph (1). |
| (3) | Disciplinary action against a prosecutor who is the Prosecutor General and imposition of disciplinary surcharge under Article 7-2 (hereinafter referred to as "disciplinary action, etc.") shall be requested by the Minister of Justice. <Amended on May 20, 2014> |
| (4) | A request for disciplinary action shall be made in writing to the Committee. |
[This Article Wholly Amended on Nov. 2, 2009]
| Article 7-2 (Disciplinary Surcharge) |
| (1) | Where any request for a disciplinary action is made by the Prosecutor General against a prosecutor or by the Minister of Justice against a prosecutor who is the Prosecutor General pursuant to Article 7, if the grounds for such disciplinary action fall under any of the subparagraphs of Article 78-2 (1) of the State Public Officials Act, the Committee shall be requested to adopt a resolution to impose disciplinary surcharge not exceeding five times the amount of money or proprietary benefit (in case of proprietary benefit other than money, referring to an amount of proprietary benefits converted into money) acquired or provided through any such act, in addition to the relevant disciplinary action. <Amended on Apr. 16, 2019> |
[This Article Newly Inserted on May 20, 2014]
| Article 7-3 (Request for Another Disciplinary Action) |
| (1) | Where any judgment on nullity or revocation of the dispositions of disciplinary actions, etc. is made for any of the following grounds, the Prosecutor General (referring to the Minister of Justice in the case of disciplinary action, etc. against a prosecutor who is the Prosecutor General) shall request another disciplinary action, etc.: Provided, That he or she may decide not to request any disciplinary action, etc. with respect to a disposition of salary reduction or reprimand for which judgment has been made on its nullity or revocation due to the ground provided for in subparagraph 3: |
| 1. | Where there is any obvious defect in the application of any Act or subordinate statute, evidence, or investigation of facts; |
| 2. | Where there is any defect in the organization of the Committee, resolution of disciplinary actions, etc., or any other procedural defect; |
| 3. | Where any disciplinary action or disciplinary surcharge determined are excessive. |
| (2) | Where the Prosecutor General (referring to the Minister of Justice in the case of disciplinary action, etc. against a prosecutor who is the Prosecutor General) intends to request the disciplinary action, etc. under paragraph (1), he or she shall make the request within three months from the date on which the judgment of the court becomes final and conclusive, and the Committee shall resolve in preference to other disciplinary cases. |
[This Article Newly Inserted on May 20, 2014]
| Article 7-4 (Verification of Grounds for Disciplinary Action of Prosecutors Desiring Retirement) |
| (1) | Where a prosecutor desires to be retired, the Minister of Justice shall verify whether there exist any grounds for disciplinary action referred to in Article 2 at the Supreme Prosecutors’ Office. |
| (2) | Where the verification pursuant to paragraph (1) reveals any grounds for disciplinary action corresponding to dismissal or removal or suspension from office, the Prosecutor General (referring to the Minister of Justice in the case of disciplinary action, etc. against a prosecutor who is the Prosecutor General) shall request disciplinary action, etc., without delay. |
| (3) | Where disciplinary action is requested pursuant to paragraph (2), the Committee shall make a decision on disciplinary action, etc. prior to other cases for disciplinary action. |
[This Article Newly Inserted on Mar. 14, 2017]
| Article 8 (Service of Duplicate on Person Subject to Disciplinary Action and Suspension of Performance of Duties) |
| (1) | The Committee shall serve a person subject to disciplinary action with the duplicate of a request for disciplinary action. |
| (2) | The Minister of Justice may, if deemed necessary, order a person subject to disciplinary action to suspend the performance of his or her official duties. |
| (3) | The Prosecutor General may, when a request is expected to be made for disciplinary action against a prosecutor under investigation due to reasons that constitute grounds for removal, dismissal or suspension from office and it is deemed evidently inappropriate for the prosecutor to continue performing his or her official duties, request the Minister of Justice to order the prosecutor to suspend the performance of his or her official duties. In such cases, when the Minister of Justice deems the request appropriate, he or she shall order the suspension of performance of duties for a period of up to two months. <Amended on Jan. 6, 2016> |
| (4) | When the Minister of Justice deems it necessary for a fair investigation, he or she may order the prosecutor whose performance of duties is suspended pursuant to paragraph (2) or (3) to wait in another Prosecutors’ Office or an agency under the jurisdiction of the Ministry of Justice in charge of survey and research for judicial administration for a period of up to two months. <Newly Inserted on Jan. 6, 2016> |
[This Article Wholly Amended on Nov. 2, 2009]
| Article 9 (Appearance of Person Subject to Disciplinary Action) |
In receipt of a request for disciplinary action, the chairperson may fix a date for deliberation on the disciplinary action and may order a person subject to disciplinary action to appear on such date.
[This Article Wholly Amended on Nov. 2, 2009]
| Article 10 (Deliberation on Disciplinary Action) |
| (1) | The Committee shall begin its deliberation when a majority of the members including the chairperson are present. |
| (2) | The chairperson shall declare the beginning of deliberation on the fixed date for deliberation may examine a person subject to disciplinary action concerning facts and other necessary matters concerning a request for a disciplinary action and other necessary matters. |
| (3) | A member may conduct examination under paragraph (2) after informing the chairperson of such fact. |
| (4) | Those who have participated in the deliberation and decision making by the Committee shall not disclose any secret which they have learned in the course of performing the official duties. |
[This Article Wholly Amended on Apr. 16, 2019]
| Article 11 (Person Subject to Disciplinary Action's Right to State and Submit Evidence) |
Where a person subject to disciplinary action appears on the fixed date for deliberation as ordered to do so by the chairperson, the person subject to disciplinary action may make an oral or written statement on facts in his or her defense and submit evidence.
[This Article Wholly Amended on Nov. 2, 2009]
| Article 12 (Appointment of Special Counsel) |
A person subject to disciplinary action may appoint a lawyer or person with the expertise and experience as a special counsel, and require him or her to make a supplementary statement or submit evidence.
[This Article Wholly Amended on Nov. 2, 2009]
| Article 13 (Testimony of Expert Witnesses or Examination of Witnesses) |
The Committee may, ex officio or at request of a person subject to disciplinary action or his or her special counsel, order the testimony of an expert witness, and examine a witness, and request an administrative agency or other agencies to make inquiries about the fact thereof or to submit documents.
[This Article Wholly Amended on Nov. 2, 2009]
| Article 14 (Absence of Person Subject to Disciplinary Action) |
Where a person subject to disciplinary action fails to appear on the fixed date for deliberation as ordered to do so by the chairperson, the Committee may deliberate on the basis of the submitted documents.
[This Article Wholly Amended on Nov. 2, 2009]
| Article 15 (Preliminary Examination) |
| (1) | If deemed necessary for the deliberation of a case, the Committee may designate a member to conduct a preliminary examination. |
| (2) | Articles 10 through 14 shall apply mutatis mutandis to preliminary examination under paragraph (1). |
[This Article Wholly Amended on Nov. 2, 2009]
| Article 16 (Right to Final Statement) |
The chairperson shall provide a person subject to disciplinary action who appears as ordered to do so by the chairperson and his or her special counsel with an opportunity to make a closing statement.
[This Article Wholly Amended on Nov. 2, 2009]
| Article 17 (Exclusion, Challenge and Refrainment) |
| (1) | The chairperson or any member of the Committee shall not participate in the deliberation of a disciplinary case against himself or herself or a person who is or was his or her relative. |
| (2) | A person who has requested disciplinary actions shall not participate in the deliberation of any case. |
| (3) | When the chairperson or any member of the Committee have any reason under paragraph (1) or (2) or there is any circumstance in which it is difficult to expect fairness in making a disciplinary decision, a person subject to disciplinary action may explain such fact in writing to the Committee and file an application for challenge to such member. <Newly Inserted on Apr. 16, 2019> |
| (4) | When an application for challenge to a member under paragraph (3) is filed, the Committee shall resolve on challenge with the attendance of a majority of all the members of the Committee and the consent of a majority of those present. In such cases, the member of the Committee against whom application for challenge is filed may not participate in the resolution. <Newly Inserted on Apr. 16, 2019> |
| (5) | Where the chairperson or any member falls under paragraphs (1) through (3), he or she may refrain from participating in a decision on the case in question. <Newly Inserted on Apr. 16, 2019> |
[This Article Wholly Amended on Nov. 2, 2009]
[Title Amended on Apr. 16, 2019]
| Article 17-2 (Withdrawal of Request for Disciplinary Action) |
Where, after a request for a disciplinary action is filed, there is found any reason for recognizing that a person subject to disciplinary action does not fall under grounds for a disciplinary action under Article 2, such as the discovery of new facts, the Prosecutor General (referring to the Minister of Justice in case of disciplinary action, etc. against the Prosecutor General) may withdraw a request of a disciplinary action against a person subject to disciplinary action before the decision on a disciplinary action under Article 18 is made. [This Article Newly Inserted on Apr. 16, 2019]
| Article 18 (Resolution of Disciplinary Action) |
| (1) | The Committee shall, upon finishing the deliberation of a case, adopt a resolution for disciplinary action by the affirmative votes of a majority of members present. <Amended on Apr. 16, 2019> |
| (2) | Where an agreement on a disciplinary decision under paragraph (1) fails to be reached by a majority of the members present because their opinions diverge, the opinion most unfavorable to the person subject to disciplinary action shall be added by an opinion more favorable to the a person subject to disciplinary action one by one until the total number of opinions reach a majority and the most favorable opinion shall be taken. <Newly Inserted on Apr. 16, 2019> |
| (3) | Where it is deemed appropriate not to take a disposition of a disciplinary action though there are grounds for discipline, the Committee may decide not to claim responsibility. <Amended on Apr. 16, 2019> |
| (4) | The Prosecutor General may present his or her opinion to the Committee before adopting a resolution for disciplinary action under paragraph (1). <Amended on Apr. 16, 2019> |
[This Article Wholly Amended on Nov. 2, 2009]
| Article 19 (Determination of Disciplinary Action) |
The Committee shall decide upon whether to take disciplinary action or the kind and degree of such disciplinary action, according to the seriousness of an act subject to disciplinary action, taking account of the ordinary behavior and performance record of a person subject to disciplinary action.
[This Article Wholly Amended on Nov. 2, 2009]
| Article 20 (Participation of Secretary and Preparation of Protocol) |
| (1) | The secretary shall participate in the deliberation on a case, prepare a protocol, and affix his or her signature and seal on the protocol together with the chairperson. |
| (2) | The secretary participating in preliminary examinations shall prepare a protocol, and affix his or her signature and seal on the protocol together with other members participating in the examination. |
[This Article Wholly Amended on Nov. 2, 2009]
| Article 21 (Decision on Absence of Suspicion) |
When the Committee resolves that a case has no grounds to impose disciplinary action, it shall close the case and inform the details thereof to a person subject to disciplinary action and a person who has requested disciplinary action.
[This Article Wholly Amended on Nov. 2, 2009]
| Article 22 (Preparation of Written Decision on Disciplinary Action) |
| (1) | When the Committee makes a decision on disciplinary action, a written decision shall be prepared, and signed and sealed by the chairperson and members participating in the deliberation. |
| (2) | A summary of a written decision on disciplinary action shall be served, respectively, on a person having authority to execute disciplinary action under Article 23, person subject to disciplinary action and person who has requested disciplinary action. |
[This Article Wholly Amended on Nov. 2, 2009]
| Article 23 (Execution of Disciplinary Action) |
| (1) | In executing disciplinary action, the Prosecutor General, Chief of High Prosecutor’s Office or Chief of District Prosecutor’s Office to which the prosecutor subject to the disciplinary action belongs shall execute reprimand, and the President shall execute dismissal, removal, suspension from office, or salary reduction, upon the recommendation of the Minister of Justice. |
| (2) | When taking disciplinary action against any prosecutor, it shall be published in the Official Gazette. |
[This Article Wholly Amended on Nov. 2, 2009]
| Article 24 (Suspension of Deliberation on Disciplinary Action) |
When an impeachment or prosecution is made in respect of the ground of disciplinary action, the deliberation on the disciplinary action shall be suspended until the case is closed: Provided, That evident proofs exist for the ground of the disciplinary action for which a prosecution is made, or the proceedings of a criminal trial do not proceed due to the mental disorder, disease, etc. of the person subject to disciplinary action, the deliberation on the disciplinary action may proceed.
[This Article Wholly Amended on Nov. 2, 2009]
| Article 25 (Prescription of Grounds for Disciplinary Action) |
| (1) | A request for disciplinary action, etc. shall not be made when three years (five years in cases falling under any of the subparagraphs of Article 78-2 (1) of the State Public Officials Act, and 10 years in cases falling under any of the items of Article 83-2 (1) 1 of that Act) elapse from the date on which grounds for disciplinary action, etc. arise. <Amended on Apr. 16, 2019; Jan. 4, 2022> |
| (2) | Where the period prescribed in paragraph (1) elapses or the remaining period is less than one month because the process of a disciplinary action was not able to proceed pursuant to the main sentence of Article 24, the period prescribed in paragraph (1) shall be deemed to expire on the date on which one month elapses from the date the case under Article 24 is closed. |
[This Article Wholly Amended on May 20, 2014]
| Article 26 (Application Mutatis Mutandis of the Criminal Procedure Act) |
[This Article Wholly Amended on Nov. 2, 2009]
| Article 27 Deleted. <Nov. 2, 2009> |
ADDENDA <Act No. 438, Feb. 15, 1957>
Article 28
This Act shall enter into force on the date of its promulgation.
Article 29
The Military Government Ordinance No. 166 (Public Prosecutor Discipline Ordinance) is hereby repealed.
ADDENDUM <Act No. 1153, Sep. 24, 1962>
This Act shall enter into force 30 days after the date of its promulgation.
ADDENDUM <Act No. 1573, Dec. 16, 1963>
ADDENDA <Act No. 3882, Dec. 31, 1986>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDA <Act No. 6082, Dec. 31, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7078, Jan. 20, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
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 ...<omitted>... Article 7 of Addenda (excluding paragraphs (2) and (29)) shall enter into force January 1, 2008. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8056, Oct. 27, 2006>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9817, Nov. 2, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation |
| (2) | (Transitional Measures concerning Extension of Prescription of Disciplinary Action) A person who has grounds to be subject to disciplinary action before this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 25. |
ADDENDA <Act No. 12585, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 7-3 shall enter into force three months after the date of its promulgation. Articles 2 (Applicability to Disciplinary Additional Charges)
The amended provisions of Article 7-2 shall apply where a ground for disciplinary action comes into existence after this Act enters into force. Articles 3 (Applicability to Request for Another Disciplinary Action)
The amended provisions of Article 7-3 shall apply where the judgment of nullity or revocation of a disciplinary action, etc. is made after the same amended provisions enter into force. Articles 4 (Applicability to Prescription of Grounds for Disciplinary Action)
The amended provisions of Article 25 shall apply where the period of prescription of grounds for disciplinary action, etc. expires after this Act enters into force.
ADDENDUM <Act No. 13709, Jan. 6, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14581, Mar. 14, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16312, Apr. 16, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Imposition of Disciplinary Additional Charges)
The amended provisions of Article 7-2 (1) shall apply beginning with the first case where grounds for disciplinary action come into existence after this Act enters into force. Article 3 (Applicability to Collection of Disciplinary Additional Charges)
The amended provisions of Article 7-2 (2) shall also apply to where a resolution on imposition of disciplinary additional charges is decided before this Act enters into force. Article 4 (Transitional Measures concerning Prescription of Grounds for Disciplinary Action, etc)
Notwithstanding the amended provisions of Article 25 (1), the former provisions shall apply to a person against whom grounds for disciplinary action, etc. come into existence before this Act enters into force.
ADDENDA <Act No. 17500, Oct. 20, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Prosecutor Disciplinary Committee Members)
Members commissioned pursuant to the previous provisions of Article 5 (2) 3 as at the time this Act enters into force shall be deemed commissioned pursuant to the amended provisions of Article 5 (2) until their terms of office expire.
ADDENDA <Act No. 18668, Jan. 4, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Extension of Prescription of Disciplinary Action)
Notwithstanding the amended provisions of Article 25 (1), where grounds for disciplinary action, etc. arise before this Act enters into force, the previous provisions shall apply to the prescription of the disciplinary action.