COURT ORGANIZATION ACT
Act No. 7402, Mar. 24, 2005
Wholly Amended by Act No. 3992, Dec. 4, 1987
Amended by Act No. 4017, Aug. 5, 1988
Act No. 4300, Dec. 31, 1990
Act No. 4765, Jul. 27, 1994
Act No. 4945, Mar. 30, 1995
Act No. 5002, Dec. 6, 1995
Act No. 5181, Dec. 12, 1996
Act No. 5577, Sep. 23, 1998
Act No. 5642, Jan. 21, 1999
Act No. 6084, Dec. 31, 1999
Act No. 6408, Jan. 29, 2001
Act No. 7289, Dec. 31, 2004
Act No. 7402, Mar. 24, 2005
PART Ⅰ GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to prescribe the organization of courts exercising the judicial power under the Constitution.
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| Article 2 (Competence of Courts) |
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| (1) | Except as otherwise prescribed by the Constitution, courts shall judge all legal disputes and litigations, and have the competence vested in them under this Act and other Acts. |
| (2) | The provisions of paragraph (1) shall not prohibit any judgment as a previous trial by an administrative agency. |
| (3) | Courts shall administer and supervise affairs concerning registration, family register, deposit, execution officer and certified judicial scrivener. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 5002, Dec. 6, 1995> |
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| Article 3 (Categories of Courts) |
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| (1) | Courts shall be classified into the following six categories: |
| (2) | In order to handle part of the affairs of district courts and family courts, there may be established a branch court, a family branch court, a Si court or Gun court (hereinafter referred to as the “Si/Gun court”), and a registry under the jurisdiction of the district courts and family courts: Provided, That two branches of the district courts and family courts may be united into one branch court. <Amended by Act No. 6408, Jan. 29, 2001> |
| (3) | The establishment, abolition and territorial jurisdiction of a high court, patent court, district court, family court, and administrative court, and the branch court, family branch court, and Si/Gun court of the district court and family court, shall be prescribed separately by Acts, and the establishment, abolition and territorial jurisdiction of a registry shall be determined by the Supreme Court Regulations. <Amended by Act No. 6408, Jan. 29, 2001> |
[This Article Wholly Amended by Act No. 4765, Jul. 27, 1994]
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| Article 4 (Justices of Supreme Court) |
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| (1) | Justices shall be assigned to the Supreme Court. |
| (2) | The number of Justices shall be fourteen, including the Chief Justice. |
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| Article 5 (Judges) |
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| (1) | Judicial officers other than the Chief Justice and Justices of the Supreme Court shall be judges. |
| (2) | Judges shall be assigned to a high court, patent court, district court, family court and administrative court. <Amended by Act No. 4765, Jul. 27, 1994> |
| (3) | The number of judges shall be prescribed separately by Act: Provided, That the number of judges to be assigned to each court, as provided in paragraph (2) shall be prescribed by the Supreme Court Regulations. <Amended by Act No. 4765, Jul. 27, 1994> |
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| Article 6 (Acting Judge) |
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| (1) | The Chief Justice of the Supreme Court may ask a judge to act on behalf of a judge of other high court, patent court, district court, family court or administrative court. |
| (2) | The president of a high or district court may ask a judge to act on behalf of another judge under paragraph (1) only within his territorial jurisdiction: Provided, That if the period during which a judge acts on behalf of another judge exceeds six months, the approval of the Chief Justice of the Supreme Court shall be obtained. |
[This Article Wholly Amended by Act No. 4765, Jul. 27, 1994]
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| Article 7 (Exercise of Judgment Authority) |
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| (1) | The judgment authority of the Supreme Court shall be exercised by the collegiate panel composed of not less than two-thirds of all the Justices of the Supreme Court with the Chief Justice of the Supreme Court presiding: Provided, That a case may be examined in advance by a panel which is composed of three or more Justices of the Supreme Court and only when their opinion is in agreement, the case shall be tried except for the following cases: |
| 1. | Where it is deemed that any administrative decree or regulation is in violation of the Constitution; |
| 2. | Where it is deemed that any administrative decree or regulation is contrary to Acts; |
| 3. | Where it is deemed necessary to modify such opinion on the application of the interpretation of the Constitution, Acts, administrative decrees, and regulations, as was formerly decided by the Supreme Court; |
| 4. | Deleted; and <by Act No. 4017, Aug. 5, 1988> |
| 5. | Where it is deemed that a trial by a panel is not proper. |
| (2) | The Chief Justice of the Supreme Court may, if necessary, ask a specified panel to judge exclusively the cases of public administration, taxes, labor, military affairs, patents, etc. |
| (3) | The judgment authority of a high court, patent court, or administrative court shall be exercised by a collegiate panel of the court composed of three judges: the jurisdiction of an administrative case decided by the collegiate panel of the administrative court concerned to be judged by a single judge shall be exercised by a single judge. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 6084, Dec. 31, 1999> |
| (4) | The judgment authority of a district court, a family court, and the branch court, family branch court, or Si/Gun court of such district or family court shall be exercised by a single judge. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 6408, Jan. 29, 2001> |
| (5) | In a case where a collegiate judgment is required in a district court, a family court, or the branch court or family branch court thereof, it shall be performed by a collegiate panel composed of three judges. <Amended by Act No. 6408, Jan. 29, 2001> |
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| Article 8 (Binding Force of Judgment of Higher Court) |
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Any decision made in a judgment of a higher court shall bind the court of lower instance with respect to the case in question.
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| Article 9 (Judicial Administrative Affairs) |
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| (1) | The Chief Justice of the Supreme Court shall exercise a general control and supervision over the judicial administrative affairs, and direct and control public officials concerned with respect to the judicial administrative affairs. <Amended by Act No. 4765, Jul. 27, 1994> |
| (2) | The Chief Justice of the Supreme Court may delegate a part of his authority over the direction and supervision of judicial administrative affairs to the Director of the Court Administration Office, the heads of courts of various levels, the Director of the Judicial Research and Training Institute, the Director of the Court Officials Training Institute or the Director of the Court Library under the provisions of Acts or the Supreme Court Regulations, or under the order of the Chief Justice of the Supreme Court. |
| (3) | If it is deemed necessary to enact or revise Acts related to the organization, personnel affairs, operation of courts, litigation procedures, registration, family register, and other court affairs, the Chief Justice of the Supreme Court may present in writing his opinion to the National Assembly. <Added by Act No. 4765, Jul. 27, 1994> |
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| Article 9-2 (Judges’ Council) |
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| (1) | A high court, patent court, district court, family court, administrative court, and such branch court as prescribed by the Supreme Court Regulations shall establish a judges’council as an advisory agency on the judicial administration. |
| (2) | The judges’council shall be composed of judges, but matters necessary for the organization and operation thereof shall be prescribed by the Supreme Court Regulations. |
[This Article Added by Act No. 4765, Jul. 27, 1994]
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| Article 10 (Secretariat of Each Court, etc.) |
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| (1) | A high court, patent court, district court, family court, administrative court, and such branch court as prescribed by the Supreme Court Regulations shall establish the secretariat, and such high court and district court as prescribed by the Supreme Court Regulations may establish a bureau other than secretariat. <Amended by Act No. 4765, Jul. 27, 1994> |
| (2) | There shall be established sections in a branch court and family branch court in which no secretariat and bureau, or no secretariat is established as provided in paragraph (1), but the establishment and division of duties thereof shall be prescribed by the Supreme Court Regulations. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 6408, Jan. 29, 2001> |
| (3) | The secretary-general of a high court, patent court, and such district court as provided in the latter part of paragraph (1), shall be appointed from among the court public officials of Grade Ⅱ or Ⅲ; the bureau chief of a high court, the secretary-general and bureau chief of a district court, the secretary-general of a family court, the secretary-general of an administrative court, and the secretary-general of such branch court as prescribed by the Supreme Court Regulations, from among the court public officials of Grade Ⅲ or Ⅳ; and the chief of section, from among the court public officials of Grade Ⅲ, Ⅳ or Ⅴ, or the registry public officials of Grade V. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 5181, Dec. 12, 1996; Act No. 6408, Jan. 29, 2001> |
| (4) | The secretary-general, the chief of bureau, and the chief of section shall be in charge of affairs of the secretariat, bureau or section under the order of senior officials, and direct and control the staff and personnel under his responsibility. <Amended by Act No. 4765, Jul. 27, 1994> |
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| Article 11 (Highest Court) |
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The Supreme Court shall be the highest court.
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| Article 12 (Seat) |
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The Supreme Court shall be located in the Seoul Special Metropolitan City.
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| Article 13 (Chief Justice of Supreme Court) |
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| (1) | The Chief Justice shall be appointed for the Supreme Court. |
| (2) | The Chief Justice shall be in charge of general affairs of the Supreme Court, direct and control personnel of the Supreme Court and those of courts of each instance and organizations under its control with respect to judicial administrative affairs. |
| (3) | When the Chief Justice becomes vacant or is unable to perform his duties by accident, the senior Justice shall act on behalf of him. |
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| Article 14 (Judgment Authority) |
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The Supreme Court shall judge as the court in the last instance the following cases: <Amended by Act No. 4765, Jul. 27, 1994>
| 1. | The case of a final appeal against a judgment of a high court, appellate court or patent court; |
| 2. | The case of a reappeal against a decision or order of a court of appeal on a ruling, high court, appellate court, or patent court; and |
| 3. | The cases falling under the jurisdiction of the Supreme Court pursuant to other Acts. |
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| Article 15 (Indication of Justice’s Opinion) |
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In the text of judgment made by the Supreme Court, opinions of all Justices of the Supreme Court who participated in the judgment shall be indicated.
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| Article 16 (Composition and Decision-Making Method of Supreme Court Justices’ Council) |
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| (1) | The Supreme Court Justices’ Council shall be composed of the Justices of the Supreme Court and the Chief Justice of the Supreme Court shall preside over it. |
| (2) | The Supreme Court Justices’ Council shall make a decision, by attendance of not less than two thirds of all Justices of the Supreme Court, and an affirmative vote of a majority of Justices present. |
| (3) | The chairman shall have a vote in a decision and in case of an equal vote, he shall have the casting vote. |
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| Article 17 (Matters to be Decided by Supreme Court Justices’ Council) |
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The following matters shall be decided by the Supreme Court Justices’ Council: <Amended by Act No. 7402, Mar. 24, 2005>
| 1. | Consent to the appointment and reappointment of a judge; |
| 2. | Matters concerning the enactment, revision, etc. of the Supreme Court Regulations; |
| 3. | Matters concerning collection and publication of judicial precedents; |
| 4. | Matters concerning the request for the budget, expenditure of reserve fund and settlement of accounts; |
| 5. | Matters falling under the competence of the Supreme Court Justices’ Council pursuant to other Acts and subordinate statutes; and |
| 6. | Matters as deemed to be of particular importance, and as prescribed by the Chief Justice of the Supreme Court. |
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| Article 18 (Delegated Matters) |
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Matters necessary for the operation of the Supreme Court Justices’ Council shall be as prescribed by the Supreme Court Regulations.
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| Article 19 (Court Administration Office) |
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| (1) | In order to take charge of judicial administrative affairs, the Court Administration Office shall be established in the Supreme Court. |
| (2) | The Court Administration Office shall perform functions and duties in relation to personnel affairs, budgets, accounting, facilities, statistics, litigation affairs, registration, family register, deposit, enforcement officers, certified judicial scriveners, research of current legislations and study of judicial systems which are relevant to the courts. <Amended by Act No. 5181, Dec. 12, 1996> |
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| Article 20 (Judicial Research and Training Institute) |
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The Judicial Research and Training Institute shall be established in the Supreme Court in order to take charge of affairs concerning the study and training of judges and reserve judges, and training of judicial trainees. <Amended by Act No. 4765, Jul. 27, 1994>
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| Article 21 (Court Officials Training Institute) |
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In order to take charge of affairs concerning the training and education of court personnel, execution officers, etc., the Court Officials Training Institute shall be established in the Supreme Court. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 5002, Dec. 6, 1995>
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| Article 22 (Court Library) |
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The Court Library shall be attached to the Supreme Court and shall research, collect or compile judicial decisions, Acts and subordinate statutes, legal materials, historical data, and other information, to manage or make them available for the purpose of supporting judicial services and improving the legal environment.
[This Article Wholly Amended by Act No. 5181, Dec. 12, 1996]
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| Article 23 (Secretariat of Chief Justice of Supreme Court) |
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| (1) | The secretariat of the Chief Justice of the Supreme Court shall be established in the Supreme Court. |
| (2) | The secretariat of the Chief Justice of the Supreme Court shall have a chief secretary, who is appointed from among judges or elected public officials and takes charge of affairs of the secretariat, and directs and controls public officials working in the secretariat, under the order of the Chief Justice of the Supreme Court. <Amended by Act No. 4765, Jul. 27, 1994> |
| (3) | Matters necessary for the organization and operation of the secretariat of the Chief Justice of the Supreme Court shall be as prescribed by the Supreme Court Regulations. |
| (4) | The secretary of the Justice shall be appointed for the Supreme Court. |
| (5) | The secretary of the Justice shall be appointed from among public officials equivalent to Grade Ⅳ in special service. <Amended by Act No. 4765, Jul. 27, 1994> |
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| Article 24 (Judicial Researcher) |
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| (1) | The Supreme Court shall appoint the judicial researchers. |
| (2) | The judicial researchers shall be in charge of affairs concerning the research and study on the examination and trial of cases in the Supreme Court, under the order of the Chief Justice of the Supreme Court. |
| (3) | The judicial researchers shall be appointed from among the judges. |
[This Article Wholly Amended by Act No. 4765, Jul. 27, 1994]
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| Article 25 (Judicial Policy Advisory Committee) |
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| (1) | The Chief Justice of the Supreme Court may, if necessary, establish the Judicial Policy Advisory Committee as an advisory agency of the Chief Justice of the Supreme Court. |
| (2) | The Judicial Policy Advisory Committee shall be composed of seven or less members appointed by the Chief Justice of the Supreme Court from among those of high learning and reputation on judicial policies, and matters necessary for the organization and operation of the Committee shall be as prescribed by the Supreme Court Regulations. |
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| Article 25-2 (Judges Personnel Committee) |
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| (1) | For the purpose of the establishment of the basic plan on the personnel affairs of judges and the operation of personnel affairs, the Judges Personnel Committee shall be established as an advisory agency of the Chief Justice of the Supreme Court. |
| (2) | The Judges Personnel Committee shall be composed of members nominated or commissioned by the Chief Justice of the Supreme Court, and matters necessary for the organization and operation thereof shall be as prescribed by the Supreme Court Regulations. <Amended by Act No. 7402, Mar. 24, 2005> |
[This Article Added by Act No. 4765, Jul. 27, 1994]
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| Article 26 (President of High Court) |
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| (1) | A president shall be appointed for the high court. |
| (2) | The president of the high court shall be appointed from among judges. |
| (3) | The president of the high court shall be in charge of judicial administrative affairs of the court, and direct and supervise public officials under his control. |
| (4) | When the president of the high court becomes vacant, or he is unable to perform his duties by accident, his competence shall be exercised by the first chief judge or senior chief judge in charge of division. |
| (5) | The secretary to the president of the high court shall be appointed for the high court. |
| (6) | The secretary of the president of the high court shall be appointed from among the court public officials of Grade Ⅴ or those equivalent to Grade Ⅴ in special service. <Amended by Act No. 4765, Jul. 27, 1994> |
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| Article 27 (Divisions) |
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| (1) | The divisions shall be established in the high court. <Amended by Act No. 4765, Jul. 27, 1994> |
| (2) | The chief judge shall be appointed for each division. |
| (3) | The chief judge shall be the presiding judge in the judgment of the division and supervise affairs of the division under the direction of the president of the high court. |
| (4) | The Chief Justice of the Supreme Court may ask a division of the high court to handle affairs in the seat of the district court under its jurisdiction, depending on the necessity to carry out the judicial affairs. <Added by Act No. 4765, Jul. 27, 1994> |
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| Article 28 (Judgment Authority) |
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The high court shall judge the following cases: <Amended by Act No. 4300, Dec. 31, 1990; Act No. 4765, Jul. 27, 1994; Act No. 6408, Jan. 29, 2001>
| 1. | Cases of appeal or appeal on a ruling against a judgment, adjudication, decision or order made in the first instance by a collegiate panel of a district court or family court, or by an administrative court; |
| 2. | Cases as determined by the Supreme Court Regulations from among the cases excluding the criminal cases, in terms of the cases of appeal or appeal on a ruling against the judgment, adjudication, decision or order made in the first instance by a single judge of a district court or family court; and |
| 3. | Cases falling under the jurisdiction of the high court under other Acts. |
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| Article 28-2 (President of Patent Court) |
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| (1) | A president shall be appointed for the patent court. |
| (2) | The president of the patent court shall be appointed from among judges. |
| (3) | The president of the patent court shall be in charge of the judicial administrative affairs of the court, and direct and supervise the public officials under his control. |
| (4) | The provisions of Article 26 (4) through (6) shall apply mutatis mutandis to the patent court. |
[This Article Added by Act No. 4765, Jul. 27, 1994]
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| Article 28-3 (Division) |
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| (1) | The patent court shall establish the divisions. |
| (2) | The provisions of Article 27 (2) and (3) shall apply mutatis mutandis to the patent court. |
[This Article Added by Act No. 4765, Jul. 27, 1994]
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| Article 28-4 (Judgment Authority) |
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The patent court shall judge the following cases: <Amended by Act No. 5577, Sep. 23, 1998; Act No. 7289, Dec. 31, 2004>
| 2. | Cases to which the patent court is competent under other Acts. |
[This Article Added by Act No. 4765, Jul. 27, 1994]
CHAPTER Ⅲ DISTRICT COURTS
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| Article 29 (President of District Court) |
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| (1) | A president shall be appointed for the district court. |
| (2) | The president of the district court shall be appointed from among judges. |
| (3) | The president of the district court shall be in charge of judicial administrative affairs of the court, its branch court, Si/Gun court, and registry, and direct and supervise public officials under his control. <Amended by Act No. 4765, Jul. 27, 1994> |
| (4) | The provisions of Article 26 (4) through (6) shall be apply mutatis mutandis to the district court. <Amended by Act No. 4765, Jul. 27, 1994> |
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| Article 30 (Divisions) |
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| (1) | The divisions shall be established for the district court. <Amended by Act No. 4765, Jul. 27, 1994> |
| (2) | The provisions of Article 27 (2) and (3) shall apply mutatis mutandis to the district court. |
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| Article 31 (Branch Court) |
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| (1) | A chief shall be appointed for the branch court of the district court and the family branch court. <Amended by Act No. 6408, Jan. 29, 2001> |
| (2) | The chief of the branch court shall be appointed from among judges. |
| (3) | The chief of the branch court shall be in charge of the judicial administrative affairs of the branch court and the Si/Gun court located in its territorial jurisdiction under the direction of the president of the district court to which the branch court belongs, and direct and supervise the public officials under his control. <Amended by Act No. 4765, Jul. 27, 1994> |
| (4) | The chief of the branch court in which the secretariat is established shall be in charge of registry affairs located in its territorial jurisdiction, under the direction of the president of the district court to which the branch court belongs, and direct and supervise the public officials under his control. <Added by Act No. 4765, Jul. 27, 1994> |
| (5) | Divisions may be established in the branch of district court and the family branch court. <Amended by Act No. 6408, Jan. 29, 2001> |
| (6) | The provisions of Article 27 (2) and (3) shall apply mutatis mutandis to the branch of district court and the family branch court in which divisions are established under paragraph (5). <Amended by Act No. 4765, Jul. 27, 1994; Act No. 6408, Jan. 29, 2001> |
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| Article 31-2 (Jurisdiction of Family Branch Court) |
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The family branch court shall exercise jurisdiction over the matters belonging to the authority of a family court in the area in which no family court is established: Provided, That the matters falling under the adjudication of the cases of appeal or appeal on a ruling against the judgment, adjudication, decision or order made by a single judge of a family court, shall be excluded.
[This Article Added by Act No. 6408, Jan. 29, 2001]
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| Article 32 (Judgment Authority of Collegiate Panel of Court) |
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| (1) | The district court and the collegiate panel of its branch court shall judge the following cases in the first instance: <Amended by Act No. 4765, Jul. 27, 1994; Act No. 6084, Dec. 31, 1999> |
| 1. | Cases that the collegiate court itself decides to judge in the collegiate panel; |
| 2. | With respect to the civil cases, such cases as prescribed by the Supreme Court Regulations; |
| 3. | Cases falling under the capital punishment or imprisonment with or without prison labor for life or for not less than one year, excluding the following cases: |
| (a) | Deleted; <by Act No. 6084, Dec. 31, 1999> |
| (c) | Cases falling under Articles 2 (1) and (3), 3 (1) and (2), 6 (limited to the attempted crimes as provided in Articles 2 (1) and (3), and 3 (1) and (2)), and 9 of the Punishment of Violence, etc. Act; |
| 4. | Cases of complicity to be judged concurrently with those as provided in subparagraph 3; |
| 5. | Cases of exclusion or challenge against a judge of the district court; and |
| 6. | Cases falling under the competence of the collegiate panel of the district court under other Acts. |
| (2) | The collegiate panel of the district court and of the branch of district court falling under any of the following subparagraphs shall judge the cases not falling under subparagraph 2 of Article 28 in the second instance from among the cases of appeal or appeal on a ruling against the judgment, decision or order made by a single judge of the district court: <Amended by Act No. 6408, Jan. 29, 2001> |
| 1. | Deleted; and <by Act No. 7402, Mar. 24, 2005> |
| 2. | Gangneung branch court of the Chuncheon district court. |
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| Article 33 (Si/Gun Court) |
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| (1) | The Chief Justice of the Supreme Court shall nominate a judge of the Si/Gun court located in its territorial jurisdiction, from among those belonging to the district court or its branch court, to judge cases under the jurisdiction of the Si/Gun court. In this case, he may nominate a judge as judge of two or more Si/Gun courts. |
| (2) | The judge of Si/Gun court shall be in charge of the judicial administrative affairs of the Si/Gun court under the direction of the president of the district court or the chief of the branch court to which he belongs, and direct and supervise the public officials under his control: Provided, That with respect to a family case, he shall be subject to the direction of the president of the family court or its branch court having the jurisdiction over the area. |
[This Article Wholly Amended by Act No. 4765, Jul. 27, 1994]
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| Article 34 (Jurisdiction of Si/Gun Court) |
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| (1) | The Si/Gun court shall have jurisdiction over the following cases: <Amended by Act No. 4765, Jul. 27, 1994> |
| 2. | Cases concerning reconciliation, reminding and mediation; |
| 3. | Criminal cases punishable by a fine not exceeding two hundred thousand won, detention or minor fine; and |
| (2) | If the cases as provided in paragraph (1) 2 and 3 are pending to the court of the first instance, by an objection for dissatisfaction with the judgment, the cases shall be subject to the jurisdiction of the district court or its branch court having the jurisdiction over the area: Provided, That in any case where the Trial of Small Claims Act applies, shall be subject to the jurisdiction of the Si/Gun court concerned. <Amended by Act No. 4765, Jul. 27, 1994> |
| (3) | Criminal cases as provided in paragraph (1) 3 shall be judged summarily. |
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| Article 35 (Request for Formal Judgment against Summary Decision) |
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The accused may request formal judgment against a summary decision under Article 34, within seven days after he is notified of it.
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| Article 36 (Registry Office) |
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| (1) | The registrar shall be appointed for each registry office. |
| (2) | The registrar shall be appointed from among the court public officials of Grade Ⅳ or Ⅴ, or the registry public official of Grade V. <Amended by Act No. 6408, Jan. 29, 2001> |
| (3) | The registrar shall be in charge of affairs of the registry office under the direction of the president of the district court to which he belongs, or the president of the branch court in which the secretariat is established, and direct and supervise personnel under his control. <Amended by Act No. 4765, Jul. 27, 1994> |
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| Article 37 (President of Family Court) |
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| (1) | A president shall be appointed for each family court. |
| (2) | The president of the family court shall be appointed from among judges. |
| (3) | The president of the family court shall be in charge of judicial administrative affairs of the family court and its branch courts, and direct and supervise public officials under his control: Provided, That if only one branch court is established under the proviso of Article 3 (2), the president of the family court shall direct and supervise affairs concerning family cases, juvenile protection, and family registers of such branch court. <Amended by Act No. 4765, Jul. 27, 1994> |
| (4) | The provisions of Article 26 (4) through (6) shall apply mutatis mutandis to the family court. <Amended by Act No. 4765, Jul. 27, 1994> |
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| Article 38 (Divisions) |
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| (1) | Divisions shall be established in each family court. |
| (2) | The provisions of Article 27 (2) and (3) shall apply mutatis mutandis to the family court. |
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| Article 39 (Branch Court) |
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| (1) | A president shall be appointed for each branch court of the family court. |
| (2) | The president of the branch court shall be in charge of the judicial administrative affairs of the branch court under the direction of the president of the family court to which he belongs, and direct and supervise the public officials under his control. <Added by Act No. 4765, Jul. 27, 1994> |
| (3) | The provisions of Articles 31 (2) and (5) and 27 (2) and (3) shall apply mutatis mutandis to the branch court of the family court. <Amended by Act No. 4765, Jul. 27, 1994> |
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| Article 40 (Judgment Authority of Collegiate Panel) |
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| (1) | The collegiate panel of the family court and its branch court shall judge in the first instance the following cases: <Amended by Act No. 4300, Dec. 31, 1990> |
| 1. | Family affairs litigation cases and family affairs non-contentious cases in E class as prescribed by the Family Litigation Act, which are as prescribed by the Supreme Court Regulations; |
| 2. | Cases of exclusion or challenge against a judge of the family court; and |
| 3. | Cases falling under the competence of a collegiate panel of the family court under other Acts. |
| (2) | The collegiate panel of the family court and of the family branch court falling under any of the following subparagraphs shall judge the cases not falling under subparagraph 2 of Article 28 in the second instance from among the cases of appeal or appeal on a ruling against the judgment, adjudication, decision or order made by a single judge of the family court: <Amended by Act No. 6408, Jan. 29, 2001> |
| 1. | Deleted; and <by Act No. 7402, Mar. 24, 2005> |
| 2. | Gangneung branch court of the Chuncheon family court. |
CHAPTER Ⅴ ADMINISTRATIVE COURT
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| Article 40-2 (President of Administrative Court) |
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| (1) | A president shall be appointed for the administrative court. |
| (2) | The president of the administrative court shall be appointed from among judges. |
| (3) | The president of the administrative court shall be in charge of the judicial administrative affairs of the court, and direct and supervise public officials under his control. |
| (4) | The provisions of Article 26 (4) through (6) shall apply mutatis mutandis to the administrative court. |
[This Article Added by Act No. 4765, Jul. 27, 1994]
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| Article 40-3 (Divisions) |
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| (1) | The administrative court shall establish the divisions. |
| (2) | The provisions of Article 27 (2) and (3) shall apply mutatis mutandis to the administrative court. |
[This Article Added by Act No. 4765, Jul. 27, 1994]
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| Article 40-4 (Judgment Authority) |
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The administrative court shall judge in the first instance, such administrative cases as prescribed by the Administrative Litigation Act, and those to which the administrative court is competent under other Acts. [This Article Added by Act No. 4765, Jul. 27, 1994]
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| Article 41 (Appointment of Judicial Officers) |
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| (1) | The Chief Justice of the Supreme Court shall be appointed by the President with the consent of the National Assembly. |
| (2) | The Justices of the Supreme Court shall be appointed by the President with the consent of the National Assembly upon recommendation of the Chief Justice of the Supreme Court. |
| (3) | Judges shall be appointed by the Chief Justice of the Supreme Court with the consent of the Supreme Court Justices’ Council. |
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| Article 42 (Qualification for Appointment) |
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| (1) | The Chief Justice and Justices of the Supreme Court shall be appointed from among those who are forty years of age or over, and have been in any of the following offices for not less than fifteen years: |
| 1. | Judge, public prosecutor or lawyer; |
| 2. | Person who is qualified as a lawyer, and has been engaged in legal affairs at the government agency, local government, national or public enterprise, government-invested institution, or other juristic person; and |
| 3. | Person who is qualified as a lawyer, and has been in the office higher than the assistant professor in jurisprudence at an authorized college or university. |
| (2) | Judges shall be appointed from among those falling under any of the following subparagraphs: |
| 1. | Person who has completed the required courses of the Judicial Research and Training Institute, after passing the Judicial Examination; and |
| 2. | Person who is qualified as a lawyer. |
| (3) | For a person who has been in two or more offices as provided to in the subparagraphs of paragraph (1), the years of such service shall be added together. |
[This Article Wholly Amended by Act No. 4765, Jul. 27, 1994]
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| Article 42-2 (Reserve Judge) |
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| (1) | In a case where a new judge is appointed, he shall first be appointed as a reserve judge, and after serving in the capacity of reserve judge for two years, he shall be appointed formally as a judge after taking into consideration his service performance record: Provided, That for a person who has been in the office as provided in the subparagraphs of Article 42 (1) for two or more years, the appointment as reserve judge may be exempted, or the period for it may be shortened, as prescribed in the Supreme Court Regulations. |
| (2) | The reserve judges shall be appointed by the Chief Justice of the Supreme Court, and the number shall be determined separately by Act. |
| (3) | The reserve judges shall be in charge of research and study affairs on the examination and judgment of cases in the court of each instance. |
| (4) | The reserve judges shall be public officials in special service, and their remuneration shall be determined separately by Acts, but shall be corresponding to that of the judge. |
| (5) | If the service performance record of a reserve judge is poor, he may be dismissed. |
| (6) | The service period of the reserve judge shall be counted in the service period of the judge as prescribed by this Act and other Acts and subordinate statutes. |
[This Article Added by Act No. 4765, Jul. 27, 1994]
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| Article 42-3 (Restriction on Competence) |
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| (1) | No judge, whose service period including that as provided in the subparagraphs of Article 42 (1) is not more than seven years may independently judge any case to be decided, by opening an oral proceeding, except in the case as provided in Article 34 (1) 1 and 3, and in the case where special provisions are included in other Acts. |
| (2) | No judge as provided in paragraph (1) may be a presiding judge of a collegiate court. |
| (3) | If it is required for the settlements of affairs of any court concerned, the Chief Justice of the Supreme Court may permit any judge under his control to judge a case independently without being subject to any restriction as provided to in paragraph (1). |
[This Article Added by Act No. 4765, Jul. 27, 1994]
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| Article 42-4 (Delegation of Authority) |
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Authority of a judge to conduct other affairs than judgment may be delegated to judicial assistant officers under the conditions as prescribed by Acts and subordinate statutes.
[This Article Added by Act No. 4765, Jul. 27, 1994]
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| Article 43 (Causes of Disqualification) |
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No person falling under any of the following subparagraphs shall be appointed as a judicial officer:
| 1. | A person who is disqualified as a public official under other Acts and subordinate statutes; |
| 2. | A person who has been sentenced to a penalty higher than imprisonment without prison labor; and |
| 3. | A person who is removed from his office by impeachment unless five years have elapsed since the removal. |
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| Article 44 (Assignment to Position) |
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| (1) | The judge and the reserve judge shall be assigned to a position by the Chief Justice of the Supreme Court. |
| (2) | The president of the Judicial Research and Training Institute, high court and patent court, the Deputy Director of the Court Administration Office, the president of the district court, family court and administrative court, and the chief judge of the high court and the patent court shall be appointed from among those who have been in the office as provided in subparagraphs of Article 42 (1) for ten or more years. |
| (3) | The provisions of Article 42 (3) shall apply mutatis mutandis to the calculation of the service period as provided in paragraph (2). |
[This Article Wholly Amended by the Act No. 4765, Jul. 27, 1994]
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| Article 44-2 (Rating of Service Performance Record) |
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| (1) | The Chief Justice of the Supreme Court may rate the service performance of the judges and the reserve judges, and reflect the results on the personnel management. |
| (2) | Matters concerning the rating of service performance as provided in paragraph (1) shall be as prescribed by the Supreme Court Regulations. |
[This Article Added by Act No. 4765, Jul. 27, 1994]
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| Article 45 (Term of Office, Reappointment and Age Limit) |
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| (1) | The Chief Justice of the Supreme Court shall be appointed for a six-year term of office, and may not be reappointed. |
| (2) | The Justices of the Supreme Court shall be appointed for a six-year term of office, and the term may be renewed. |
| (3) | The judges shall be appointed for a ten-year term of office, and the term may be renewed. |
| (4) | The age limit of the Chief Justice of the Supreme Court shall be seventy years of age; the Justices of the Supreme Court, sixty-five years of age; and the judges, sixty-three years of age. <Amended by Act No. 4765, Jul. 27, 1994> |
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| Article 45-2 (Reappointment of Judges) |
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| (1) | Judges whose term has been expired shall be reappointed by an official order of reappointment of the Chief Justice of the Supreme Court after obtaining a consent of the Supreme Court Justices’ Council. |
| (2) | The Chief Justice of the Supreme Court shall not issue an official order of reappointment to the judges who are deemed to fall under any one of the following subparagraphs: |
| 1. | Where it is impossible for him to perform the normal duties as a judge due to the physical or mental handicaps; |
| 2. | Where it is impossible for him to perform the normal duties as a judge due to a remarkable inferiority of service records; and |
| 3. | Where it is remarkably difficult to keep the dignity of judge. |
| (3) | Matters necessary for the procedures for judge’s reappointment shall be provided by the Supreme Court Regulations. |
[This Article Added by Act No. 7402, Mar. 24, 2005]
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| Article 46 (Guarantee of Judicial Officer’s Status) |
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| (1) | No judicial officer shall be dismissed, unless there is a decision of impeachment or punishment higher than imprisonment without prison labor, nor shall he be subject to a suspension from office, reduction of salary or other disadvantageous disposition without being submitted to disciplinary action. <Amended by Act No. 5642, Jan. 21, 1999> |
| (2) | Remuneration of judicial officers shall be determined separately by Acts commensurate with the duties and dignity. <Amended by Act No. 4765, Jul. 27, 1994> |
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| Article 47 (Retirement due to Mental and Physical Impediment) |
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If any judicial officer is unable to perform his duties due to a grave mental or physical impediment, the President may order him to resign from office upon the recommendation of the Chief Justice of the Supreme Court, in case of a Justice of the Supreme Court, and the Chief Justice of the Supreme Court may order it in case of judges.
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| Article 48 (Discipline) |
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| (1) | The Judge Disciplinary Committee shall be established in the Supreme Court. |
| (2) | Matters concerning the discipline of judicial officers shall be determined separately by Acts. <Amended by Act No. 4765, Jul. 27, 1994> |
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| Article 49 (Prohibited Matters) |
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No judicial officer shall conduct the following acts during his term of office:
| 1. | To be a member of the National Assembly or a local council; |
| 2. | To be a public official in any administrative agency; |
| 3. | To participate in a political movement; |
| 4. | To be engaged in a paid job without the permission of the Chief Justice of the Supreme Court; |
| 5. | To be engaged in a job for the purpose of any pecuniary profit; |
| 6. | To assume the post, regardless of its reward, as an advisor, officer or employee of a corporation, organization, etc., other than government agencies, without the permission of the Chief Justice of the Supreme Court; and |
| 7. | To perform other matters as prescribed by the Supreme Court Regulations. |
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| Article 50 (Dispatched Service) |
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When the Chief Justice of the Supreme Court is requested to dispatch a judicial officer by another government agency, if he deems it proper to dispatch a judicial officer by the nature of the affairs, and the judicial officer concerned agrees to it, he may permit it by specifying a period. <Amended by Act No. 4765, Jul. 27, 1994>
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| Article 51 (Temporary Retirement from Office) |
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| (1) | When a judicial officer is conscripted or drafted for the military service as prescribed by the Military Service Act, or he petitions for a temporary retirement from office for the purpose of any research and training in law in a judicial research institute, college, etc., at home or abroad, or for medical treatment of a disease, if the petition is deemed well grounded, the Chief Justice of the Supreme Court may permit it by specifying a certain period not exceeding two years (in case of conscription or draft as prescribed by the Military Service Act, until the term of service expires). |
| (2) | In the case as provided in paragraph (1), matters concerning the payment of remuneration during the period of temporary retirement shall be as prescribed by the Supreme Court Regulations. |
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| Article 52 (Concurrent Office, etc.) |
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| (1) | The Chief Justice of the Supreme Court may assign a judicial officer to a position (including the judicial researcher) other than that of judging cases, or have him hold such position concurrently. <Amended by Act No. 4765, Jul. 27, 1994> |
| (2) | Any judicial officer as provided in paragraph (1) shall not participate in the judgment of a case, and be included in the number of judges as provided in Article 5 (3). |
| (3) | The number of judges as provided in paragraph (1) shall be as prescribed by the Supreme Court Regulations, and such judges shall receive the highest amount of remuneration. |
PART Ⅴ PERSONNEL OF COURTS
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| Article 53 (Personnel of Courts) |
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Court public officials, other than judicial officers shall be appointed by the Chief Justice of the Supreme Court, and the number of court public officials shall be as prescribed by the Supreme Court Regulations.
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| Article 54 (Judicial Assistant Officers) |
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| (1) | The judicial assistant officers may be assigned to the Supreme Court and each court. |
| (2) | The judicial assistant officers may carry out the duties provided by the Supreme Court Regulations from among the following duties: |
| 1. | Duties of the court in the procedures for final decision of the amount of litigation expenses and execution expenses, the procedures for urges and publicly-notified peremptory notice under the Civil Procedure Act (including the cases to which the said Act is applied mutatis mutandis); |
| 2. | Duties of the court in the procedures for order to render executory notices, those for registration on the roster of debt nonfeasance persons, those for property inquiry, those for compulsory sale by auction for real estates, those for compulsory sale by auction for automobiles and construction machinery, those for compulsory sale by auction for movables, those for auction for execution of security rights, those for litigation order, and those for application for cancellation of execution of provisional seizure and provisional disposition under the Civil Execution Act (including the cases to which the said Act is applied mutatis mutandis); and |
| 3. | Duties of the court in the procedures for registration orders for lease rights under the Housing Lease Protection Act and the Business Center Buildings Lease Protection Act. |
| (3) | The judicial assistant officers shall perform their duties under the supervision of judicial officers, and any objections to the dispositions of judicial assistant officers may be raised against the judicial officers under the provisions of the Supreme Court Regulations. |
| (4) | The judicial assistant officers shall be the persons provided by the Supreme Court Regulations from among the persons who have served for not less than 5 years in the post class of court’s junior administrative officer or junior administrative officer for registration, and those who have served for not less than 10 years in the post class of court’s assistant junior official or the assistant junior official for registration. |
| (5) | The organization and the number of judicial assistant officials, and other necessary matters, shall be as prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended by Act No. 7402, Mar. 24, 2005]
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| Article 54-2 (Technical Examiner) |
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| (1) | The technical examiners shall be assigned to the patent court. |
| (3) | Any technical examiner who participates in the examination of a lawsuit under paragraph (2), may ask any question to the litigants on any technical matters with the permission of the presiding judge, and state his opinion at a collegiate judgment. |
| (4) | The Chief Justice of the Supreme Court may request the related government agency such as the Korean Intellectual Property Office, etc. to dispatch public officials under its control so as to serve as the technical examiners. <Amended by Act No. 7402, Mar. 24, 2005> |
| (5) | The qualification, organization and number of the technical examiners, and other necessary matters shall be as prescribed by the Supreme Court Regulations. |
[This Article Added by Act No. 4765, Jul. 27, 1994]
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| Article 54-3 (Investigation Officers) |
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| (1) | Investigation officers may be placed in the Supreme Court and each court. |
| (2) | Investigation officers shall assume the collection and investigation of data necessary for the judgement on the cases provided by other Acts or the Supreme Court Regulations under the order of judicial officers, and other necessary duties. |
| (3) | The Chief Justice of the Supreme Court may request the other government agencies to have the public officials under their control make the dispatched services to the court, in order to have them serve as the investigation officers. |
| (4) | The qualification, organization and number of the investigation officers, and other necessary matters shall be as prescribed by the Supreme Court Regulations. |
[This Article Added by Act No. 7402, Mar. 24, 2005]
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| Article 55 (Execution Officers) |
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| (1) | Execution officers shall be assigned to the district court and its branch court, and appointed and dismissed by the president of the district court to which they belong, under the provisions of other Acts. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 5002, Dec. 6, 1995> |
| (2) | Execution officers shall perform the execution of judgment, the service of documents and other affairs under the provisions of Acts and subordinate statutes. <Amended by Act No. 5002, Dec. 6, 1995> |
| (3) | In order to guarantee a faithful performance of duties, execution officers shall pay a guarantee money to the district court to which they belong. <Amended by Act No. 5002, Dec. 6, 1995> |
| (4) | Matters concerning the guarantee money as provided in paragraph (3) and the fees payable to the execution officers shall be as prescribed by the Supreme Court Regulations. <Amended by Act No. 5002, Dec. 6, 1995> |
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| Article 56 (Place of Session) |
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| (1) | Public trials shall be held at courts. |
| (2) | The president of a court may, if necessary, hold a session of court at a place outside the court. |
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| Article 57 (Opening of Trials to Public) |
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| (1) | Hearing and judgment of a trial shall be open to the public: Provided, That if it might endanger the national security, public peace and order or good public moral, it may be decided that the trial be closed to the public. |
| (2) | The decision as provided in paragraph (1) shall be announced with the reasons stated. |
| (3) | Even the case where the presiding judge has made a decision as provided in paragraph (1), if it is deemed proper, he may permit any person to stay in the court. |
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| Article 58 (Maintenance of Order in Court) |
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| (1) | Order in the court shall be maintained by the presiding judge. |
| (2) | The presiding judge may prohibit any person who might endanger the dignity and order of the court from entering the court, or order him to leave the court and issue an order necessary for maintaining the order in the court. |
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| Article 59 (Prohibition of Videotape Recording, etc.) |
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No person shall record on a videotape, take a photograph, relay broadcasting, etc. in the court without the permission of the presiding judge.
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| Article 60 (Request for Dispatch of Policemen) |
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| (1) | When it is deemed necessary for keeping order in the court, the presiding judge may request the chief of the competent police to dispatch policemen, before or after the opening of a court. |
| (2) | Policemen dispatched upon a request under paragraph (1) shall be subject to the direction of the presiding judge with respect to the maintenance of order in and out of the court. |
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| Article 61 (Detention in Custody, etc.) |
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| (1) | If a person commits, inside or outside of the court, an act violating an order issued under Article 58 (2) and the provisions of Article 59, or obstructs the trial of the court, by using harsh language or causing disturbance, etc. or damages considerably the prestige of judgment, the court may, by its decision, punish him by detention in custody for not more than twenty days or a fine for negligence not exceeding one million won, or both. |
| (2) | In order to carry out the detention in custody under paragraph (1), the court may have the court personnel, prison officers or policemen who detain the offender immediately, and shall hold a trial to sentence him to the detention in custody within twenty-four hours from the time of detention, and otherwise shall order them to release him immediately. |
| (3) | The detention in custody shall be executed by detaining the offender at a detention room of a police station, correctional institution or house of detention. |
| (4) | The detention in custody shall be executed in preference to a confinement and punishment due to other cases against the detainee, and the execution of a confinement and punishment due to other cases against the detainee shall be suspended during the execution of detention in custody while the procedure of the original case to which the detainee is a party shall be suspended: Provided, That if there is a valid reason, the court may order continuation of the legal proceedings. |
| (5) | The judgment as provided in paragraph (1) may be subject to any appeal or special appeal. <Amended by Act No. 4765, Jul. 27, 1994> |
| (6) | The procedure for a judgment as provided in paragraph (1) and other necessary matters shall be as prescribed by the Supreme Court Regulations. |
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| Article 62 (Language in Court) |
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| (1) | In the court, the Korean language shall be used. |
| (2) | When any person interested in the litigation does not understand the Korean language, an interpreter shall be employed. |
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| Article 63 (Mutatis Mutandis Application) |
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The provisions of Articles 57 through 62 shall apply mutatis mutandis to a case where a judicial officer performs his duties at a place other than the court.
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| Article 64 (Court Guard) |
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| (1) | Court guards shall be assigned to the Supreme Court and the court of each instance. <Amended by Act No. 4765, Jul. 27, 1994> |
| (2) | Court guards shall carry out duties ordered by a judicial officer in the court, and other duties as prescribed by the Chief Justice of the Supreme Court. <Amended by Act No. 4765, Jul. 27, 1994> |
| (3) | If it is deemed that there are difficult circumstances in which to use execution officers, the court may ask court guards to serve documents of litigation. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 5002, Dec.6, 1995> |
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| Article 65 (Non-Opening of Conference to Public) |
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No conference of a collegiate court shall be open to the public.
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| Article 66 (Method of Conference) |
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| (1) | Except as otherwise provided by the Constitution and Acts, any collegiate judgment shall be made by a majority. |
| (2) | If the opinions in a conference are separated into three or more parts, and each part does not reach the majority, the following opinion shall prevail: |
| 1. | With regard to any amount, the opinion of the smallest amount, obtained by adding in sequence the number of the opinion of the smaller amount to that of the largest amount until it reaches the majority; and |
| 2. | In a criminal case, the most favorable opinion for the defendant obtained by adding in sequence the number of the favorable opinions to that of the most unfavorable opinion, until it reaches the majority. |
| (3) | When two opinions are divided with respect to matters to be decided by the majority as provided in Article 7 (1), and each opinion does not reach the majority, the original judgment may not be altered. |
PART Ⅶ ORGANS OF SUPREME COURT
CHAPTER Ⅰ COURT ADMINISTRATION OFFICE
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| Article 67 (Director of Court Administration Office) |
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| (1) | The Director and the Deputy Director shall be appointed for the Court Administration Office. |
| (2) | The Director shall, under the direction of the Chief Justice of the Supreme Court, be in charge of affairs of the Court Administration Office, and direct and control his subordinate officials, and supervise judicial administrative affairs and personnel of the courts. |
| (3) | The Deputy Director shall assist the Director, manage the affairs of the Court Administration Office, and act on behalf of the Director if he becomes vacant or is unable to perform his duties by accident. |
| (4) | The Director may delegate part of the affairs under his competence to the Deputy Director, chief of office or chief of bureau under the provisions of the Supreme Court Regulations or as prescribed by the Chief Justice of the Supreme Court. |
| (5) | The secretaries to the Director and the Deputy Director of the Court Administration Office shall be assigned to the Court Administration Office. <Amended by Act No. 4765, Jul. 27, 1994> |
| (6) | The secretary to the Director of the Court Administration Office shall be appointed from among the court officials of Grade Ⅳ or public officials equivalent to Grade Ⅳ in special service, and the secretary to the Deputy Director of the Court Administration Office, from among the court officials of Grade Ⅴ, or public officials equivalent to Grade Ⅴ in special service. <Amended by Act No. 4765, Jul. 27, 1994> |
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| Article 68 (Appointment) |
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The Director of the Court Administration Office shall be appointed by the Chief Justice of the Supreme Court from among Justices of the Supreme Court, and the Deputy Director, from among judges. <Amended by Act No. 4765, Jul. 27, 1994>
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| Article 69 (Right to attend National Assembly) |
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The Director and the Deputy Director of the Court Administration Office may attend the National Assembly or the State Council, and speak on the judicial administration.
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| Article 70 (Defendant of Administrative Litigation) |
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The defendant of an administrative litigation against a disposition made by the Chief Justice of the Supreme Court shall be the Director of the Court Administration Office.
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| Article 71 (Organization) |
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| (1) | In the Court Administration Office the offices, bureaus and sections shall be established, and the establishment and division of duties shall be as prescribed by the Supreme Court Regulations. |
| (2) | The chief of office shall be appointed in each office; the chief of bureau, in each bureau; and the chief of section, in each section respectively. |
| (3) | In order to assist planning of policies, drafting of plans, affairs concerning research, investigation, examination, evaluation, public information, etc., examiners or responsible officers may be assigned under the control of the Director, the Deputy Director, office chiefs or bureau chiefs of the Court Administration office, and their official titles and division of duties shall be as prescribed by the Supreme Court Regulations. <Amended by Act No. 4945, Mar. 30, 1995> |
| (4) | The chief of the office shall be appointed from among judges or court administrators; the chief of the bureau, from among judges, court officials of Grade Ⅱ, public officials of Grade Ⅱ in equipment or industrial service; the examiners and responsible officers, from among judges, court officials of Grade Ⅱ, Ⅲ or Ⅳ, public officials of Grade Ⅱ, Ⅱ or Ⅳ in equipment or industrial service; and the chief of the section, from among the court officials of Grade Ⅲ or Ⅳ, public officials of Grade Ⅲ or Ⅳ in equipment or industrial service. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 4945, Mar. 30, 1995> |
| (5) | The chiefs of offices, bureaus and sections shall be in charge of affairs of the offices, bureaus or sections under the order of their superior officers, and direct and supervise personnel under their control. |
CHAPTER Ⅱ JUDICIAL RESEARCH AND TRAINING INSTITUTE
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| Article 72 (Judicial Trainees) |
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| (1) | Judicial trainees shall be appointed by the Chief Justice of the Supreme Court from among those who have passed the Judicial Examination, and treated as public officials in special service. <Amended by Act No. 5181, Dec. 12, 1996> |
| (2) | The training period of judicial trainees shall be two years: Provided, That if it is necessary, the training period may be changed as prescribed by the Supreme Court Regulations. |
| (3) | If a judicial trainee falls under any of the following subparagraphs, he may be dismissed from his office: |
| 2. | Where he has committed an act to impair the dignity; |
| 3. | Where his attitude of training is so unfaithful that the result of training is not good; and |
| 4. | Where it is impossible for him to receive any further training due to a disease. |
| (4) | The court may nominate ex officio a judicial trainee as a counsel. |
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| Article 72-2 (Purposes of Legal Training of Judicial Trainees) |
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Legal training of judicial trainees are designed to educate the judges, public prosecutors, and lawyers who may contribute to the establishment of the principle of rules of law, and to the development of democracy by means of providing the trainees with knowledge of law and practice suitable to the profession of practicing law and cultivating the awareness of high morality in the profession and the attitude of responsibility of service to the people.
[This Article Added by Act No. 5181, Dec. 12, 1996]
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| Article 73 (Organization) |
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| (1) | A Director, a Deputy Director, professors and instructors shall be appointed in the Judicial Research and Training Institute. |
| (2) | The Director shall be in charge of affairs of the Judicial Research and Training Institute under the direction of the Chief Justice of the Supreme Court, and direct and supervise personnel under his control. |
| (3) | The Deputy Director shall assist the Director, administer the affairs of the Judicial Research and Training Institute, and if the Director becomes vacant, or is unable to carry out his duties by accident, the Deputy Director shall act on behalf of him. |
| (4) | The secretaries to the Director and the Deputy Director of the Judicial Research and Training Institute shall be assigned to the Judicial Research and Training Institute. <Amended by Act No. 4765, Jul. 27, 1994> |
| (5) | The secretary officers to the Director and the Deputy Director of the Judicial Research and Training Institute shall be appointed from among the court officials of Grade Ⅴ or public officials equivalent to Grade Ⅴ in special service. <Amended by Act No. 4765, Jul. 27, 1994> |
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| Article 74 (Director of Judicial Research and Training Institute) |
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| (1) | The Chief Justice of the Supreme Court shall appoint the Director of the Judicial Training Institution from among judges, and the Deputy-Director from among public prosecutors. <Amended by Act No. 5181, Dec. 12, 1996> |
| (2) | The Chief Justice of the Supreme Court shall, ex officio or upon the recommendation of the Director of the Judicial Research and Training Institute, assign or appoint to the teaching faculty those persons falling under one of the following subparagraphs: <Added by Act No. 5181, Dec. 12, 1996> |
| 1. | A judge of the courts; |
| 2. | A public prosecutor of the Ministry of Justice; |
| 3. | A person who is qualified as a lawyer; |
| 4. | A graduate with a bachelor’s degree or postgraduate with a master’s degree who is recognized as having the performance or experience which meet the requirements prescribed by the Supreme Court Regulations; and |
| 5. | A person with a doctor’s degree. |
| (3) | Instructors shall be commissioned by the Director of the Judicial Research and Training Institute from among those who have extensive knowledge and experience in the judicial field. <Amended by Act No. 5181, Dec. 12, 1996> |
| (4) | Judges and public prosecutors who are in full-time service in the Judicial Research and Training Institute shall not be counted in the number of judges as prescribed in Article 5 (3) or the number of public prosecutors as provided by the Fixed Number of Public Prosecutors Act. |
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| Article 74-2 (Status of Teaching Faculty) |
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| (1) | The teaching faculty of the Judicial Research and Training Institute who do not hold offices of judges or public prosecutors (hereinafter referred to as the “full-time teaching faculty”) shall be public officials in special service. |
| (2) | The term of the full-time teaching faculty shall be ten years and shall be renewable: Provided, That the teaching faculty recently appointed may serve only one more term of a specified period not exceeding three years pursuant to the Supreme Court Regulations. |
| (3) | The retirement age for the full-time teaching faculty shall correspond to that for judges. With regard to sanctions or penalties, the Discipline of Judges Act shall apply mutatis mutandis. In these circumstances, references to “judges” in the Act mentioned above shall be construed to include “the full-time teaching faculty”. |
| (4) | With regard to job titles of the teaching faculty, and their appointment, necessary matters shall be as prescribed by the Presidential Decree. |
[This Article Added by the Act No. 5181, Dec. 12, 1996]
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| Article 74-3 (Visiting Professors) |
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| (1) | Any person who is qualified as a lawyer (including those who are qualified as foreign lawyers), or who is recognized as having specialized knowledge and experiences necessary for a particular subject, may be appointed as a visiting professor. |
| (2) | With regard to the appointment procedures of visiting professors, their terms and conditions of appointment, and services pursuant to paragraph (1), necessary matters shall be as prescribed by the Supreme Court Regulations. |
[This Article Added by Act No. 5181, Dec. 12, 1996]
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| Article 74-4 (Dispatch of Some Staff Responsible for Teaching) |
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| (1) | The Director of the Court Administration Office may request that government agencies, public institutions, educational establishments, research institutes, or other relevant bodies dispatch their staff who appear to be appropriate for teaching. |
| (2) | For those who are dispatched to the Judicial Research and Training Institute as provided in paragraph (1), allowances may be paid pursuant to the Supreme Court Regulations. |
[This Article Added by the Act No. 5181, Dec. 12, 1996]
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| Article 74-5 (Administrative Council of Judicial Research and Training Institute) |
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| (1) | There shall be an administrative council at the Judicial Research and Training Institute for the deliberation of the purposes of legal training, curriculum, or other matters as prescribed by the Supreme Court Regulations as important for the administration and education at the Judicial Research and Training Institute. |
| (2) | The administrative council shall consist of members of not less than ten and not more than fifteen, whose terms shall be two years and shall be renewable. |
| (3) | With regard to the organization and operation of the administrative council, necessary matters shall be as prescribed by the Supreme Court Regulations. |
[This Article Added by Act No. 5181, Dec. 12, 1996]
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| Article 75 (Secretariat) |
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| (1) | A secretariat shall be established in the Judicial Research and Training Institute and sections shall be established in the Secretariat. The establishment of sections and division of duties to be carried out by the sections shall be as prescribed by the Supreme Court Regulations. |
| (2) | The chief of bureau or section shall be established in each bureau or section. |
| (3) | The chief of bureau shall be appointed from among court officials in Grade Ⅱ or Ⅲ, and the chief of section, from among court officials in Grade Ⅲ, Ⅳ or Ⅴ. <Amended by Act No. 5181, Dec. 12, 1996> |
| (4) | The chiefs of bureaus and sections shall be in charge of affairs of bureaus and sections under the order of their superior officers, and direct and supervise personnel under their control. |
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| Article 76 (Delegated Matters) |
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While necessary matters shall be as prescribed by the Supreme Court Regulations with regard to the appointment of trainees of the Judicial Research and Training Institute, traineeships and remuneration of the trainees, other matters necessary for the operation of the Judicial Research and Training Institute, the autonomy in the way trainees are educated at the Judicial Research and Training Institute, and the neutrality of the way the Institute is operated shall be secured as much as possible.
[This Article Wholly Amended by Act No. 5181, Dec. 12, 1996]
CHAPTER Ⅲ COURT OFFICIALS TRAINING INSTITUTE
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| Article 77 (Organization) |
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| (1) | The Court Officials Training Institute shall have a Director, professors and instructors. |
| (2) | The Director shall be in charge of affairs of the Court Officials Training Institute under the direction of the Chief Justice of the Supreme Court, and direct and supervise personnel under his control. |
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| Article 78 (Director, etc.) |
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| (1) | The Director of the Court Officials Training Institute shall be appointed as a judge or as a public official in political service. <Amended by Act No. 6084, Dec. 31, 1999; Act No. 7402, Mar. 24, 2005> |
| (2) | In case where the person who is not a judicial officer has become the Director of the Court Officials Training Institute, his remunerations shall be the same as the remunerations of the Vice Minister. <Added by Act No. 7402, Mar. 24, 2005> |
| (3) | Professors shall be appointed as court officials in Grade Ⅲ or Ⅳ, or as public officials in special service equivalent to Grade Ⅲ or Ⅳ. |
| (4) | Instructors shall be commissioned by the Director of the Court Officials Training Institute from among those who have extensive knowledge and experience. |
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| Article 79 (Mutatis Mutandis Applications) |
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The provisions of Article 75 shall apply mutatis mutandis to the Court Officials Training Institute.
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| Article 80 (Delegated Matters) |
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Matters necessary for the operation, etc. of the Court Officials Training Institute shall be as prescribed by the Supreme Court Regulations.
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| Article 81 (Organization) |
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| (1) | The Director shall be appointed for the Court Library. |
| (2) | The Director shall be appointed as a judge or as a court official of Grade Ⅱ or Ⅲ. |
| (3) | The Director shall be in charge of affairs of the Court Library under the direction of the Chief Justice of the Supreme Court, and direct and supervise personnel under his control. |
| (4) | Matters necessary for the organization and operation of the Court Library shall be as prescribed by the Supreme Court Regulations. |
PART Ⅷ EXPENSES OF COURTS
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| Article 82 (Expenses of Courts) |
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| (1) | Expenses of courts shall be appropriated independently in the national budget. |
| (2) | The autonomy and independence of the Judiciary shall be respected in formulating the budget of the courts. <Added by Act No. 4765, Jul. 27, 1994> |
| (3) | A reserve fund shall be made available for the expenses as provided in paragraph (1). |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on February 25, 1988.
Article 2 Omitted.
Article 3 (Relation with Other Acts and Subordinate Statutes)
In a case where the provisions of the previous the Court Organization Act are cited in Acts and subordinate statutes other than Acts to be amended under Article 2 of the Addenda at the time when this Act enters into force, if there are provisions corresponding to them in this Act, such corresponding provisions of this Act shall be considered to be cited in lieu of the previous provisions.
ADDENDA<Act No. 4017, Aug. 5, 1988>
Article 1 (Enforcement Date)
This Act shall enter into on September 1, 1988. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA<Act No. 4300, Dec. 31, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1991.
Articles 2 through 10 Omitted.
ADDENDA<Act No. 4765, Jul. 27, 1994>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on March 1, 1995: Provided, That matters of the revised provisions of Articles 3, 7, 29 and 31, concerning the Si/Gun court, the revised provisions of Articles 33 and 34, and the provisions of Article 4 of the Addenda shall enter into force on September 1, 1995; matters of the revised provisions of Articles 20, 44 and 44-2 concerning the reserve judge and the revised provisions of Articles 42-2 and 42-3 shall enter into force on March 1, 1997; and matters of the revised provisions of Articles 3, 5 through 7, 9-2, 10, 14, 28 and 44, concerning the patent court and the president thereof, or the administrative court and the president thereof, and the revised provisions of Chapter Ⅱ of Part Ⅲ (Articles 28-2 through 28-4), Chapter Ⅴ of Part Ⅲ (Articles 40-2 through 40-4) and Article 54-2 shall enter into force on March 1, 1998. |
| (2) | Deleted. <by Act No. 7402, Mar. 24, 2005> |
Article 2 (Transitional Measures concerning Administrative Cases)
Any case belonging to the competence of the administrative court in any area where no administrative court is established at the time when matters concerning the administrative court as provided for in the proviso of Article 1 (1) of the Addenda enter into force, shall be under the jurisdiction of the district court concerned and the Gangneung branch court of the Chuncheon district court until the administrative court is established. <Amended by Act No. 7402, Mar. 24, 2005>
Article 3 (Transitional Measures concerning Si/Gun Court)
Any case pending in the circuit tribunal, at the time when matters concerning the Si/Gun court as provided for in the proviso of in Article 1 (1) of the Addenda enter into force, shall be considered to be pending in the Si/Gun court concerned under this Act.
Article 4 Omitted.
Article 5 (Relation with Other Acts)
| (1) | The circuit tribunals as prescribed by other Acts and subordinate statutes at the time when matters concerning the Si/Gun court provided for in the proviso of Article 1 (1) of the Addenda enter into force, shall be considered as the Si/Gun courts as prescribed by this Act. |
| (2) | The investigators as prescribed by other Acts and subordinate statutes at the time when the revised provisions of Articles 42-4 and 54 as provided in Article 1 (2) of the Addenda enter into force, shall be considered as the judicial assistant officials as prescribed by this Act. |
| (3) | The court clerks as prescribed by other Acts and subordinate statutes at the time when this Act enters into force, shall be considered as the court guards as prescribed by this Act. |
Article 6 (Transitional Measures concerning Pending Cases)
Notwithstanding the revised provisions of Article 32 (1), any penal cases pending in the court at the time when this Act enters into force, shall be governed by the previous provisions.
ADDENDUM<Act No. 4945, Mar. 30, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 5002, Dec. 6, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 5181, Dec. 12, 1996>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 5577, Sep. 23, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Act No. 5642, Jan. 21, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDA<Act No. 6084, Dec. 31, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. <Amended by Act No. 7402, Mar. 24, 2005> |
| (2) | (Transitional Measures) With respect to the Director of Court Officers Training Institute in office at the time when this Act enters into force, the amended provisions of Article 78 (1) shall not apply. |
ADDENDA<Act No. 6408, Jan. 29, 2001>
| (1) | (Enforcement Date) This Act shall enter into force on March 1, 2001: Provided, That the amendments to Articles 32 (2) 1 and 40 (2) 1 shall enter into force on March 1, 2003. |
| (2) | (Transitional Measures on Jurisdiction) In the area in which no family court has been established at the time of enforcement of this Act, the collegiate panel of the relevant district branch court shall, in applying the amendments to Article 40 (2), be regarded as the collegiate panel of the family branch court until a family court is established. |
| (3) | (Relations with Other Acts and Subordinate Statutes) In case where other Acts and subordinate statutes have cited a family court at the time of enforcement of this Act, it shall be considered to have cited it with the family branch court of the district court. |
ADDENDA<Act No. 7289, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 7402, Mar. 24, 2005>
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 2005. |
| (2) | (Transitional Measures on Disposition of Cases belonging to Scope of Assistant Juridical Officers’ Duties) The cases under Article 54 (2) which have been accepted prior to the enforcement of this Act shall be disposed of by the judges, notwithstanding the amended provisions of Article 54. |
| (3) | (Transitional Measures on Investigation Officers) The court investigation officers, the family investigation officers and the juvenile investigation officers at the time of the enforcement of this Act shall be deemed to be the investigation officers under this Act. |
| (4) | (Transitional Measures on Jurisdiction) The administrative cases under the jurisdiction of Gangneung branch court of the Chuncheon district court under the amended provisions of Article 2 of the Addenda to the amended Act of the Court Organization Act, Act No. 4765, which are pending to the Chuncheon district court as of June 30, 2005, shall be under the jurisdiction of the court whereto they are pending. |
Last updated : 2009-07-26