DISCIPLINE OF JUDGES ACT
Wholly Amended by Act No. 5642, Jan. 21, 1999
Amended by Act No. 6082, Dec. 31, 1999
Act No. 8058, Oct. 27, 2006
Act No. 9814, Nov. 2, 2009
Act No. 10578, Apr. 12, 2011
Act No. 12884, Dec. 30, 2014
Act No. 15250, Dec. 19, 2017
Act No. 18720, Jan. 4, 2022
The purpose of this Act shall be to prescribe matters concerning the discipline of judges.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 2 (Grounds for Discipline) |
The grounds for discipline of judges shall be as follows:
| 1. | Where a judge breaches an official duty or is negligent of such duty; |
| 2. | Where a judge defames his or her dignity or injures the prestige of the court. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 3 (Types of Disciplinary Actions) |
| (1) | Disciplinary actions against a judge shall be of three types, suspension, salary reduction and reprimand. |
| (2) | Suspension shall suspend the performance of duties for a period more than one month, but less than one year, and the salary for such period shall not be paid. |
| (3) | Salary reduction shall reduce remuneration by one-third or less for a period more than one month, but less than one year. |
| (4) | A reprimand shall be made by cautioning a judge in writing against grounds for discipline . |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 4 (Judicial Disciplinary Committee) |
| (1) | The Supreme Court shall have the Judicial Disciplinary Committee (hereinafter referred to as "Committee") to deliberate and decide on disciplinary cases of judges. |
| (2) | The Committee shall consist of one chairperson and six members, and shall have three reserve members. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 5 (Chairperson and Members) |
| (1) | The chairperson of the Committee shall be appointed by the Chief Justice from among the Justices of the Supreme Court, and three judges and one person each from the following subparagraphs shall be appointed or commissioned by the Chief Justice as its members: <Amended on Dec. 30, 2014> |
| 2. | Professors of jurisprudence; |
| 3. | Other persons with abundant learning and experience. |
| (2) | Reserve members shall be appointed by the Chief Justice from among the judges. |
| (3) | The term of office of the chairperson, members and reserve members shall be three years, respectively. |
| (4) | The chairperson shall be in charge of the business of the Committee, call meetings and cast a vote when decisions are made. |
| (5) | Where the chairperson is unable to perform his or her duties due to any unavoidable cause such as the ground, etc. prescribed in Article 10, a member designated by the Chief Justice shall act on behalf of the chairperson, and where the member is unable to perform the duties for the same cause, a reserve member designated by the Chief Justice shall perform the duties as proxy. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 6 (Administrative Secretary of Committee) |
| (1) | The Committee shall have an administrative secretary who is appointed by the Chief Justice from among judges. |
| (2) | The administrative secretary shall be in charge of the business of preparing and preserving the records on disciplinary cases and other documents under the command of the chairperson. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 7 (Request for Disciplinary Actions and Commencement of Deliberation on Discipline) |
| (1) | The deliberation on disciplinary actions to be taken by the Committee shall commence at the request of any of the following persons: |
| 1. | Chief Justice of the Supreme Court; |
| 2. | Justices of the Supreme Court; |
| 3. | The Minister of National Court Administration, president of Judicial Research and Training Institute, chief judges of all levels of courts, chief librarian of Supreme Court Library having supervisory authority concerning judicial administrative duties over the relevant judge as prescribed by the Court Organization Act. |
| (2) | If grounds for disciplinary actions against a judge are deemed to exist, the person entitled to request disciplinary actions pursuant to paragraph (1) may examine such judge. |
| (3) | If a judge is recognized to fall under any of the subparagraphs of Article 2 as a result of the examination pursuant to paragraph (2), the person entitled to request disciplinary actions shall so request disciplinary action. |
| (4) | The request for disciplinary actions shall be made by presenting a written request for disciplinary actions to the Committee. <Amended on Dec. 19, 2017> |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 7-2 (Disciplinary Additional Charges) |
| (1) | Where a person entitled to request disciplinary actions requests a disciplinary action under Article 7 and the grounds for such action fall under any of the following cases, he or she shall request the Committee to pass a resolution imposing disciplinary additional charges not exceeding five times the amount of monetary or proprietary benefits (referring to the proprietary benefits converted in monetary value, in cases of proprietary benefits other than monetary benefits) received or provided by conducting any of the following acts, in addition to the relevant disciplinary action: <Amended on Jan. 4, 2022> |
| 1. | Receiving or providing money, goods, real estates, entertainment, or other proprietary benefits prescribed by the Supreme Court Regulations; |
| 2. | Embezzling, misappropriating, stealing, swindling, or diverting to any other purpose any of the following: |
| (g) | Other acts prescribed by the Supreme Court Regulations, equivalent to those under items (a) through (f). |
| (2) | Where a person on whom a disciplinary additional charge is to be imposed has received a criminal punishment or has fulfilled his or her liability for compensation, etc. (including cases of confiscation or additional collection) under any other Act, or where he or she has paid an amount of restitution or additional charges according to the procedures for restitution or for collecting additional charges under any other statute or regulation, the Committee shall pass a resolution to impose the disciplinary additional charge within the extent adjusted in accordance with the Supreme Court Regulations, before a resolution imposing the disciplinary additional charge is passed. |
| (3) | Where a person on whom a disciplinary additional charge is to be imposed has received a criminal punishment or has fulfilled his or her liability for compensation, etc. (including cases of confiscation or additional collection) or has paid an amount of restitution or additional charge after a resolution of imposing the disciplinary additional charge was passed, the Committee shall take measures, such as reducing or exempting the disciplinary additional charge already resolved, as prescribed by the Supreme Court Regulations. |
| (4) | Where a person on whom a disposition to impose a disciplinary additional charge is to be imposed pursuant to paragraph (1) fails to pay such charge by the payment deadline, the Chief Justice may collect the disciplinary additional charge in the same manner as delinquent national taxes are collected: Provided, That if collecting the amount in arrears is deemed practically infeasible, such collection shall be commissioned to the head of the competent tax office. |
| (5) | If collecting a disciplinary additional charge is deemed impossible as five years have passed from the date of commencement of the delinquency after the collection was commissioned to the head of the competent tax office under the proviso of paragraph (4), the Chief Justice may request the Committee to adopt a resolution granting reduction of or exemption from the relevant charge. |
[This Article Newly Inserted on Dec. 19, 2017]
| Article 7-3 (Request for Another Disciplinary Action) |
| (1) | When the Supreme Court has made a judgement to nullify or cancel a disposition of disciplinary actions and imposing disciplinary additional charges (hereinafter referred to as "disciplinary action, etc.") on any of the following grounds, a person entitled to request disciplinary actions shall request disciplinary action, etc. once again: Provided, That he or she needs not avoid requesting disciplinary action, etc. for the disposition of salary reduction and reprimands which have been subject to a judgement of nullification or cancellation on the grounds of subparagraph 3: |
| 1. | When there is an obvious fault in the application of statutes, evidence and fact-finding surveys; |
| 2. | When there is a procedural fault in the composition of the Committee or resolutions on disciplinary action, etc.; |
| 3. | Where disciplinary actions determined or disciplinary additional charges are excessive. |
| (2) | When a person entitled to request disciplinary actions requests disciplinary action, etc. under paragraph (1), he or she shall request disciplinary action, etc. to the Committee within three months after the date on which a judgement of the Supreme Court becomes final and conclusive, and the Committee shall make a resolution on such disciplinary action, etc. prior to other disciplinary cases. |
[This Article Newly Inserted on Dec. 19, 2017]
| Article 7-4 (Verification of Grounds for Disciplinary Actions against Judges Wanting to Retire) |
| (1) | Where a judge wants to retire from office, the Supreme Court Justice shall verify whether there exists any ground for disciplinary action prescribed in Article 2. |
| (2) | Where a ground for disciplinary action of suspension from office of the relevant judge is found as a result of verification under paragraph (1), a person entitled to request disciplinary actions shall request a disciplinary action, etc. without delay. |
| (3) | Where a request for disciplinary action, etc. is made under paragraph (2), the Committee shall make a resolution on such disciplinary action, etc. prior to other disciplinary cases. |
[This Article Newly Inserted on Dec. 19, 2017]
| Article 8 (Prescription of Grounds for Disciplinary Actions) |
| (1) | No request for disciplinary actions, etc. shall be made once the following periods have elapsed from the date grounds for disciplinary actions, etc. arose: <Amended on Jan. 4, 2022> |
| 1. | Where grounds for disciplinary actions, etc. fall under any of the following: 10 years: |
| 2. | Where grounds for disciplinary actions, etc. fall under any subparagraph of Article 7-2 (1): Five years; |
| 3. | Where other grounds for disciplinary actions, etc. arise: Three years. |
| (2) | Where the period under paragraph (1) expires or the remaining period thereof is less than one month because it is impracticable to perform the disciplinary procedure under Article 20, the period under paragraph (1) shall be deemed terminated on the date a month has passed after the procedure prescribed in Article 20 was completed. <Newly Inserted on Dec. 19, 2017> |
| (3) | Where the Supreme Court has made a judgment to nullify or cancel the disposition of disciplinary action, etc., for reasons falling under any of the subparagraphs of Article 7-3 (1), it may be permitted to request another disciplinary action, etc. within three months after such judgment becomes final and conclusive, even where the period under paragraph (1) expires or the remaining period thereof is less than three months. <Newly Inserted on Dec. 19, 2017> |
[This Article Wholly Amended on Apr. 12, 2011]
[Title Amended on Dec. 19, 2017]
| Article 9 (Service of Request for Disciplinary Actions) |
The Committee shall serve a duplicate of the request for disciplinary actions on the judge (hereinafter referred to as "respondent") against whom disciplinary actions are requested.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 10 (Exclusion, Challenge and Abstention) |
| (1) | The chairperson and members shall not participate in any deliberation and decision making on a disciplinary case of himself or herself or relatives. |
| (2) | Where the requester of disciplinary actions is a member, such member shall not participate in any deliberation and decision making on the relevant case. |
| (3) | If the chairperson or members have a reason prescribed in paragraph (1) or (2), or if there is any ground for which it is hard to expect impartiality in the decision on disciplinary actions, the respondent may explain such fact to the Committee in writing and apply to challenge it. |
| (4) | The Committee shall make a decision on the application prescribed in paragraph (3) without delay, and the chairperson or members subject to the application for challenge shall not participate in the decision making. |
| (5) | In cases of paragraphs (1) through (3), the chairperson or members may abstain from participating in the decision. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 11 (Preliminary Deliberation) |
| (1) | Where the Committee or chairperson deems necessary, he or she may determine to hold preliminary deliberation before deliberation commences as prescribed in Article 13. |
| (2) | Where preliminary deliberation is to be conducted, the chairperson shall designate members for preliminary deliberation from among the members. |
| (3) | Articles 12 through 17, 19 and 22 shall apply mutatis mutandis to the procedures for preliminary deliberation within the extent it is not contrary to its characteristics. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 12 (Request for Attendance to Respondent) |
Where a request for disciplinary actions is made, the chairperson shall specify the date of deliberation and request the respondent to attend the deliberation.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 13 (Deliberation on Disciplinary Actions) |
| (1) | The Committee shall commence deliberation where a majority, including the chairperson, is present. |
| (2) | The chairperson shall announce the commencement of deliberation on the date of deliberation and examine the respondent on the fact of grounds against which disciplinary actions are requested and other necessary matters. |
| (3) | Members may notify the chairperson and conduct an examination prescribed in paragraph (2). |
| (4) | The deliberation on disciplinary actions shall not be made public. |
| (5) | Those who have participated in the deliberation and decision making by the Committee shall not reveal confidential information that they have learned in the course of duties. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 14 (Right to Make Statement and Right to Present Defense Evidence of Respondent and Requester of Disciplinary Actions) |
The respondent and respondent of disciplinary actions may state opinions or present defense evidence in writing or orally.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 15 (Designation of Defense Lawyers) |
A respondent may designate a defense lawyer and have him or her make a supplementary statement concerning a disciplinary case and present defense evidence: Provided, That in cases permission is obtained from the Committee, a person other than a defense lawyer may be designated as special counsel.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 16 (Appraisal or Examination of Witnesses) |
Ex officio or at the request of the requester of disciplinary actions, respondent, defense lawyer or special counsel, the Committee may order to give appraisal or examine witnesses, and inquire at public institutions, etc. of the fact or request public institutions, etc. to present documents.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 17 (Nonattendance of Respondent) |
Where the respondent fails to attend the deliberation on the date of deliberation after being served a lawful notice, or resigns the right to make statements, the Committee may conduct documentary deliberation without the statement of the respondent.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 18 (Right to Make Final Statements) |
The chairperson shall give a respondent and a defense lawyer or special counsel an opportunity to make a final statement.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 19 (Participation by Administrative Secretary and Preparation of Deliberation Records) |
The administrative secretary shall participate in the deliberation, prepare records of deliberation, and put signature and seal along with the chairperson.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 20 (Suspension of Disciplinary Procedures) |
| (1) | Where impeachment is filed for concerning the grounds for disciplinary actions, disciplinary procedures shall be suspended until such impeachment proceedings are completed. |
| (2) | Where a public prosecution is instituted concerning the grounds for disciplinary actions, the Committee may suspend disciplinary procedures until such public prosecution procedures are completed. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 21 (Withdrawal of Request for Disciplinary Actions) |
Where grounds to recognize that the respondent does not fall under any of the subparagraphs of Article 2 exist, such as that new facts are found, etc., after a request for disciplinary actions is made, the requester of disciplinary actions may withdraw the request for disciplinary actions before the decision on disciplinary actions pursuant to Article 24 is made. [This Article Wholly Amended on Apr. 12, 2011]
| Article 22 (Application Mutatis Mutandis of the Criminal Procedure Act) |
The Criminal Procedure Act and the Criminal Procedure Costs Act shall apply mutatis mutandis to the service of documents, designation and modification of date, oath of witnesses and appraisers, and expenses paid to the witnesses and appraisers unless prescribed otherwise by this Act and Supreme Court Regulations. [This Article Wholly Amended on Apr. 12, 2011]
| Article 23 (Methods of Decision Making by Committee) |
| (1) | Where the Committee is to make a decision on a disciplinary case, it shall pass a resolution by the majority attendance including the chairperson and by the majority approval of the members present: Provided, That in cases of decisions pursuant to Articles 10 (4) and 11 (1) and permission pursuant to the proviso of Article 15, such may be resolved by the majority approval of the members in writing. |
| (2) | Where the majority of the members present fails to agree on disciplinary decision pursuant to the main clause of paragraph (1) because their opinions diverge, the opinion most unfavorable to the respondent shall be added by an opinion more favorable to the respondent one by one until the total number of opinions reach a majority and the most favorable opinion shall be taken. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 24 (Decision on Disciplinary Actions by Committee) |
When the Committee has completed deliberation, it shall make a decision according to the following classifications: <Amended on Dec. 19, 2017>
| 1. | Where any ground for disciplinary actions exists and any disposition of disciplinary action, etc. is recognized as appropriate: A decision to issue appropriate disposition of disciplinary action, etc. in comprehensive consideration of the seriousness of the grounds for disciplinary actions, work performance and merits of the respondent, degree of regret and other various circumstances: Provided, That where not issuing disposition of disciplinary action, etc. is recognized as appropriate, a decision of letting it go unchallenged may be made; |
| 2. | Where grounds for disciplinary actions are not recognized: Decision of being free from suspicion. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 25 (Preparation of Decision of Disciplinary Actions and Service Thereof) |
| (1) | When the Committee makes a decision prescribed in Article 24, it shall prepare a written decision in which reasons therefor are mentioned. |
| (2) | The chairperson and members who have participated in the deliberation and decision shall put signature and seal on the written decision pursuant to paragraph (1). |
| (3) | The original copy of the written decision pursuant to paragraph (1) shall be served on the requester of disciplinary actions, respondent and a person authorized to issue a disposition of disciplinary actions, respectively. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 26 (Disposition of Disciplinary Actions and Execution thereof) |
| (1) | The Chief Justice shall issue a disposition of disciplinary action, etc. based on the decision of the Committee and enforce it. <Amended on Dec. 19, 2017> |
| (2) | When the Chief Justice issues a disposition of disciplinary action, etc., he or she shall publish it in the official gazette. <Amended on Dec. 19, 2017> |
[This Article Wholly Amended on Apr. 12, 2011]
[Title Amended on Dec. 19, 2017]
| Article 27 (Procedures of Raising Objection) |
| (1) | Where the respondent intends to raise an objection against a disposition of disciplinary action, etc., he or she shall request the Supreme Court to revoke the disposition of disciplinary action, etc. within 14 days from the date he or she learned that the disposition of disciplinary action, etc. existed without going through procedures for pretrial. <Amended on Dec. 19, 2017> |
| (2) | The Supreme Court shall try the case of request for revocation according to the single-trial system. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 28 (Supreme Court Regulations) |
Matters necessary for the implementation of this Act shall be prescribed by Supreme Court Regulations.
[This Article Wholly Amended on Apr. 12, 2011]
ADDENDA <Act No. 5642, Jan. 21, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Term of Office of Members of Judicial Disciplinary Committee) The term of office of the members of the judicial disciplinary Committee entrusted as prescribed by previous provisions as at the time this Act enters into force shall terminate simultaneously with the enforcement of this Act. |
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.
ADDENDUM <Act No. 8058, Oct. 27, 2006>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No 9814, 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 Actions) The previous provisions shall apply to those for whom reasons for disciplinary actions occurred before this Act enters into force, notwithstanding the amended provisions of Article 8. |
ADDENDUM <Act No 10578, Apr. 12, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 12884, Dec. 30, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15250, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Applicability to Disciplinary Additional Charges)
The amended provisions of Article 7-2 shall apply beginning with the first case where the grounds for disciplinary actions occur after this Act enters into force. Articles 3 (Applicability to Request for Another Disciplinary Action, etc.)
The amended provisions of Article 7-3 shall apply beginning with the first judgement to nullify or cancel a disposition of disciplinary action, etc. after this Act enters into force. Articles 4 (Applicability to Suspension of Prescription of Grounds for Disciplinary Action, etc.)
The amended provisions of Article 8 (2) and (3) shall apply beginning with the first case where the period of prescription of grounds for disciplinary action, etc. expires after this Act enters into force. Articles 5 (Transitional Measures concerning Prescription of Reasons for Disciplinary Action, etc.)
Notwithstanding the amended provisions of Article 8 (1), the previous provisions shall apply to persons for whom the grounds for disciplinary action, etc. have occurred before this Act enters into force.
ADDENDA <Act No. 18720, Jan. 4, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 7-2 (1) 2 (g) shall enter into force six months after the date of its promulgation. Articles 2 (Transitional Measures concerning Extension of Prescription of Disciplinary Actions)
Notwithstanding the amended provisions of Article 8 (1), where grounds for disciplinary actions, etc. arise before this Act enters into force, the previous provisions shall apply to the prescription of disciplinary actions.