ENFORCEMENT DECREE OF THE ACT ON LITIGATION TO WHICH THE STATE IS A PARTY
Wholly Amended by Presidential Decree No. 10765, Mar. 17, 1982
Amended by Presidential Decree No. 14527, Feb. 18, 1995
Presidential Decree No. 15634, Feb. 19, 1998
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 27582, Nov. 15, 2016
Presidential Decree No. 31380, Jan. 5, 2021
| Article 2 (Limitations in Delegation of Authority) |
The Minister of Justice shall delegate his or her authority under Article 3 of the Act over litigation in which the State is a party or an intervenor (hereinafter referred to as "state litigation") to the Prosecutor General, the chief prosecutor of a relevant high prosecutors' office, or the chief prosecutor of a relevant district prosecutors' office (hereinafter referred to as "chief of prosecutors' office at each level") pursuant to the following classification: [This Article Wholly Amended on Aug. 5, 2020]
| Article 3 (Restriction of Cases to Be Delegated) |
The chief of prosecutors' office at each level shall obtain approval from the Minister of Justice when he or she intends to perform procedural acts such as the institution and withdrawal of lawsuits, the waiver and withdrawal of appeals, settlement, abandonment of claims and the recognition and acceptance of claims, and the appointment and dismissal of litigation representatives with regard to the litigation cases prescribed by Ordinance of the Ministry of Justice, among those that fall under his or her jurisdiction pursuant to Article 2. <Amended on Aug. 5, 2020>
| Article 4 (Litigation-Superintendent) |
| (2) | In case of an appointment of a litigation-superintendent, the head of a central administrative agency shall, without delay, notify the Minister of Justice of such appointment. |
| (3) | The litigation-superintendent shall oversee the following matters with respect to the litigation by the relevant agencies: |
| 1. | Investigation of, study on, and the analysis and formulation of responses regarding the litigation administration; |
| 2. | Command, supervision, and education of the litigators; |
| 3. | Command and supervision of the enforcement of any state litigation; |
| 4. | Preparation of data concerning the allocation budget for voluntary payment; |
| 5. | Preparation and maintenance of litigation statistics; |
| 6. | Reports on litigation affairs; |
| 7. | Other matters related to litigation affairs. |
| Article 5 (Conducting of State Litigation) |
| (1) | In cases of state litigation, the chiefs of prosecutors' offices at each level shall designate, as litigators, prosecutors or public-service advocates and have them conduct the litigation: Provided, That if it is deemed necessary, the chiefs of prosecutors' offices at each level may designate, as litigators, staff of the relevant administrative authority, subsequent to consultation with the head of the relevant administrative authority, and require them to conduct the litigation in collaboration with litigators who are prosecutors or public-service advocates. <Amended on Feb. 18, 1995> |
| (2) | With regard to civil cases on merits and civil cases on request where the value of claims in the litigation falls below the amount prescribed by Ordinance of the Ministry of Justice, the chiefs of prosecutors' offices at each level may designate only the staff of the administrative authority having jurisdiction over the cases and require them to conduct the litigation under the chiefs' direction. |
| Article 6 (Conducting of Administrative Litigation) |
| (1) | Administrative litigation cases falling under the following subparagraphs shall be collaboratively handled (hereinafter referred to as "cases to be handled collaboratively") by the staff of the Ministry of Justice and litigators at the administrative authority having jurisdiction over the cases: <Amended on Feb. 18, 1995; Jun. 12, 2006; Aug. 5, 2020> |
| 1. | Tax imposition cases where the amount of the tax levied exceeds the amount prescribed by Ordinance of the Ministry of Justice; |
| 2. | Cases regarding the status of public officials in general service of Grade III or higher (including members in general service of the Senior Executive Service), local public officials or other equivalent public officials which the Minister of Justice deems reasonable to be addressed as cases to be handled collaboratively; |
| 3. | Cases regarding decisions on corrective or disciplinary actions and compensation decisions at the request of the Board of Audit and Inspection; |
| 4. | Cases which could have a significant impact on the government policy measures or could attract significant attention in such degree that the Minister of Justice deems it reasonable to address them as cases to be handled collaboratively. |
| (2) | Administrative litigation cases falling under the provisions, with the exception of the subparagraphs, of paragraph (1) (hereinafter referred to as "cases to be handled under the Minister's direction") shall be handled, under the Minister's direction, by the litigators at the administrative authority having jurisdiction over the case. <Amended on Aug. 5, 2020> |
| (3) | Where the head of an administrative authority receives the service of a complaint concerning an administrative litigation case from the competent patent court, administrative court, or district court, he or she shall without delay designate litigators or appoint litigation representatives and notify the Minster of Justice of such designation or appointment or report the same to the Minister. <Amended on Feb. 19, 1998; Aug. 5, 2020> |
| (4) | Upon receipt of the report or notification of the institution of litigation under paragraph (3), with regard to a case to be handled collaboratively, the Minister of Justice shall designate the staff of the Ministry of Justice as litigators to jointly conduct litigation with the litigators of the administrative authority having jurisdiction over the relevant case; and with regard to a case to be handled under the Minister’s direction, the Minister of Justice shall order the staff of the Ministry of Justice to direct the litigators of the administrative authority having jurisdiction over the relevant case. <Amended on Feb. 18, 1995; Feb. 19, 1998; Aug. 5, 2020> |
| Article 7 (Designation of Litigators) |
| (1) | The chief of prosecutors' office at each level shall designate prosecutors or public-service advocates as litigators from among prosecutors under his or her command (including the prosecutors of branch offices in cases of district prosecutors' offices) or from public-service advocates working in the relevant prosecutors' office (including public-service advocates working in the branch offices in cases of district prosecutors' offices). <Amended on Feb. 18, 1995> |
| (2) | Where deemed necessary for handling cases under their jurisdiction, the Prosecutor General and the chief of the high prosecutors' office may designate prosecutors at a lower-level prosecutors' office or public-service advocates working there as litigators. <Amended on Feb. 18, 1995> |
| (3) | Where the Minister of Justice, the chief of prosecutors' office at each level, or the head of an administrative authority designates litigators or appoints litigation representatives, he or she shall without delay submit to the court a letter of designation or a power of attorney; and where he or she dismisses litigators or representatives, he or she shall without delay submit to the court a letter of dismissal. <Amended on Aug. 5, 2020> |
| Article 8 (Matters to Be Observed by Litigators) |
Litigators and litigation representatives shall observe the directives and guidelines stated in the letter of designation and power of attorney.
| Article 9 (Cooperation with Relevant Administrative Authorities) |
The staff of the Ministry of Justice, prosecutors, public-service advocates, or the staff of an administrative authority who conduct state litigation or administrative litigation may request the heads of relevant administrative authorities through the Minister of Justice, the chief of the competent prosecutors' office, or the head of the administrative authority for information necessary for conducting litigation. <Amended on Feb. 18, 1995; Aug. 5, 2020>
| Article 10 (Report of Judgement) |
Where the head of an administrative authority has received the service of a judgement concerning administrative litigation, he or she shall without delay notify the Minister of Justice thereof or report thereon to the Minister of Justice. <Amended on Aug. 5, 2020>
| Article 11 (Transfer of and Enforcement with Title of Enforcement) |
| (1) | Upon receipt of a title of enforcement in relation to any state litigation, the chief of the high prosecutors' office or district prosecutors' office of the first instance shall without delay transfer such title of enforcement to the head of the administrative authority having jurisdiction over the relevant case. <Amended on Feb. 19, 1998; Nov. 15, 2016; Jan. 5, 2021> |
| (2) | Upon receipt of a request by the head of the administrative authority having jurisdiction over the relevant case for the enforcement of the judgement with a title of enforcement in relation to state litigation, the chief of the high prosecutors' office or district prosecutors' office of the first instance may require prosecutors under his or her command or public-service advocates working in the relevant prosecutors’ office to enforce the judgement with the title of enforcement. <Amended on Feb. 18, 1995; Feb. 19, 1998; Nov. 15, 2016> |
[Title Amended on Jan. 5, 2021]
| Article 12 (Cases with Final Judgement) |
| (1) | The chief of the high prosecutors' office or district prosecutors' office of the first instance, shall review the litigation records of the case and decide whether to exercise the right of recourse, subsequent to consultation with the head of the administrative authority having jurisdiction over the relevant case, when the final judgement in the state litigation is rendered. <Amended on Feb. 19, 1998> |
| (2) | The chief of a high prosecutors' office or district prosecutors' office of the first instance, shall pay the cost of litigation to be paid to the other party in case of a judgement against the State in accordance with the original copy of a final judgement of litigation cost. <Amended on Feb. 19, 1998> |
| (3) | Where a final judgement is rendered in favor of the State, the chief of the high prosecutors' office or district prosecutors' office of the first instance shall require the administrative authority having jurisdiction over the case to recover the litigation costs from the other party, subsequent to the decision rendered by the court. <Amended on Feb. 19, 1998> |
| Article 13 (Procedure for Voluntary Payment) |
| (1) | The agencies making voluntary payments under Article 10 of the Act shall be as follows: <Amended on Feb. 19, 1998> |
| 1. | With respect to the cases involving a claim for damages under the State Compensation Act, it shall be the chief of the high prosecutors' office or district prosecutors' office of the first instance: Provided, That with respect to the cases belonging to the Special Compensation Council and its district compensation councils, it shall be the Minister of National Defense; and with respect to the cases belonging to each special account, the head of each administrative authority under which such each special account is established; |
| 2. | With respect to the cases, the purpose of which is monetary payment, other than those under subparagraph 1, it shall be the head of the administrative authority having jurisdiction over the cases. |
| (2) | Any person who wishes to obtain voluntary payment shall submit a request for the voluntary payment along with the documents prescribed by Ordinance of the Ministry of Justice to any of the agencies making such payment under paragraph (1). |
| (3) | The agency which has received the request for voluntary payment under paragraph (2) shall pay the amount within one week (for the cases belonging to the special accounts, within two weeks) from the date of receipt of such request. |
| Article 14 (Negligence in Litigation) |
| (1) | When the litigator of a litigation case under the direction of the Minister of Justice has been negligent in handling the case, the Minister of Justice shall notify the litigation-superintendent of such act without delay. <Newly Inserted on Aug. 5, 2020> |
| (2) | The head of prosecutors' office at each level shall without delay report to the Minister of Justice and notify the litigation-superintendent of an act of negligence, if any, on the part of a litigator whom he or she has designated or who is involved in any litigation case under his or her command. <Amended on Aug. 5, 2020> |
| (3) | Upon receipt of notification under paragraphs (1) and (2), the litigation-superintendent may propose disciplinary action against the litigator to the head of the administrative authority to which the litigator belongs. <Amended on Aug. 5, 2020> |
| Article 15 (Direction and Supervision of Litigation Affairs) |
| (1) | The Minister of Justice shall inspect how administrative authorities are handling affairs relating to any state litigation, administrative litigation, etc., and may provide guidance and instruction on necessary matters. <Amended on Aug. 5, 2020> |
| (2) | The chiefs of the prosecutors' offices at each level shall inspect how administrative authorities are handling affairs relating to any state litigation, etc. in which the chiefs of prosecutors' offices at each level designate litigators pursuant to Article 3 of the Act and Article 2 of this Decree, and may provide guidance and instruction on necessary matters. <Newly Inserted on Aug. 5, 2020> |
[This Article Newly Inserted on Feb. 19, 1998]
| Article 15-2 (Establishment and Operation of National Database System on Litigation) |
| (1) | The Minister of Justice may establish and operate a national database system on litigation to efficiently perform and systematically manage the business affairs related to state litigation and administrative litigation. |
| (2) | The Minister of Justice (including persons delegated with the authority of the Minister of Justice pursuant to Article 13 of the Act) may request the heads of administrative authorities having jurisdiction over the relevant cases to handle the business affairs related to state litigation and administrative litigation through the national database system on litigation. |
[This Article Newly Inserted on Nov. 15, 2016]
| Article 16 (Processing of Sensitive Information and Personally Identifiable Information) |
| (1) | The Minister of Justice (including the person to whom the authority of the Minister of Justice is delegated pursuant to Article 13 of the Act) may process data including sensitive information referred to in Article 23 of the Personal Information Protection Act and the resident registration numbers, driver’s license numbers, or alien registration numbers referred to in Article 19 of the Enforcement Decree of that Act if unavoidable for performing the following: <Amended on Jan. 5, 2021> |
| 2. | Business affairs relating to conducting and directing administrative litigations under Article 6 of the Act; |
| 4. | Business affairs relating to handling and directing conciliation cases, arbitration cases, and other non-contentious cases under Article 12 of the Act; |
| 5. | Business affairs relating to transferring titles of enforcement and enforcing judgements with such titles of enforcement under Article 11; |
| 6. | Business affairs relating to handling cases with final judgement under Article 12; |
| 7. | Business affairs relating to inspecting how administrative authorities are handling affairs and affairs relating to guiding and instructing them under Article 15; |
| 8. | Business affairs relating to establishing and operating the national database system on litigation under Article 15-2. |
| (2) | The head of an administrative authority may process data including sensitive information referred to in Article 23 of the Personal Information Protection Act and the resident registration numbers, driver’s license numbers or alien registration numbers referred to in Article 19 of the Enforcement Decree of that Act if unavoidable for performing the following: <Amended on Jan. 5, 2021> |
| 4. | Business affairs relating to handling conciliation cases, arbitration cases, and other non-contentious litigation cases under Article 12 of the Act; |
| 5. | Business affairs relating to transferring titles of enforcement and enforcing judgements with such titles of enforcement under Article 11; |
| 6. | Business affairs relating to handling cases with final judgement under Article 12; |
| 7. | Business affairs relating to using the national database system on litigation under Article 15-2. |
[This Article Wholly Amended on Nov. 15, 2016]
ADDENDUM <Presidential Decree No. 10765, Mar. 17, 1982>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 14527, Feb. 18, 1995>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 15634, Feb. 19, 1998>
This Decree shall enter into force on March 1, 1998.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 27582, Nov. 15, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 30907, Aug. 5, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 28, 2020.
Article 2 (Applicability to Pending Cases)
This Decree shall also apply to cases pending in courts as at the time it enters into force: Provided, That the effect of a procedural act performed before this Decree enters into force shall remain unaffected.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)