Discipline of Judges Act-2017

South Korean Law

DISCIPLINE OF JUDGES ACT

Act No. 15250, Dec. 19, 2017


Article 1 (Purpose) Printed articles
The purpose of this Act shall be to prescribe matters concerning the discipline of judges.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]

Article 2 (Reasons for Discipline) Printed articles
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 by Act No. 10578, Apr. 12, 2011]

Article 3 (Types of Disciplinary Actions) Printed articles
(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 reasons for discipline .
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]

Article 4 (Judicial Disciplinary Committee) Printed articles
(1) The Supreme Court shall have the Judicial DisciplinaryCommittee (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 further three reserve members.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]

Article 5 (Chairperson and Members) Printed articles
(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 by Act No. 12884, Dec. 30, 2014>
1. Lawyers;
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 inevitable reasons prevent the chairperson from managing his or her business due to a reason, etc. prescribed in Article 10, the member designated by the Chief Justice shall perform the duties as proxy, and where the same reasons happens to a member, a reserve member designated by the Chief Justice shall perform the duties as proxy.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]

Article 6 (Administrative Secretary of Committee) Printed articles
(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 preparation and preservation of the records on disciplinary cases and other documents under the command of the chairperson.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]

Article 7 (Request for Disciplinary Actions and Commencement of Deliberation on Discipline) Printed articles
(1) The deliberation on disciplinary actions 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 by Act No. 15250, Dec. 19, 2017>
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]

Article 7-2 (Disciplinary Additional Charges) Printed articles
(1) Where a person entitled to request disciplinary actions requests a disciplinary action under Article 7 and the grounds for such request fall under any of the following cases, he or she shall request the Committee to make a resolution on imposing disciplinary additional charges not exceeding five times the amount of money or proprietary benefits (referring to an amount of proprietary benefits converted into money, in cases of proprietary benefits other than money) received or provided by conducting any of the following acts, in addition to the relevant disciplinary action:
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:
(a) Budget and funds under the National Finance Act;
(b) Budget under the Local Finance Act and funds under the Framework Act on the Management of Local Government Funds;
(c) National funds under subparagraph 1 of Article 2 of the Management of the National Funds Act;
(d) Subsidies under subparagraph 1 of Article 2 of the Subsidy Management Act;
(e) State property under subparagraph 1 of Article 2 of the State Property Act and commodity under Article 2 (1) of the Commodity Management Act;
(f) Public property and commodity under subparagraphs 1 and 2 of Article 2 of the Public Property and Commodity Management Act.
(2) Where a person subject to the imposition of a disciplinary additional charge 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, the Committee shall resolve to impose the disciplinary additional charge within the extent adjusted in accordance with the Supreme Court Regulations, before a resolution of imposing the disciplinary additional charge is passed.
(3) Where a person subject to the imposition of a disciplinary additional charge 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 subject to a disposition of the imposition of a disciplinary additional charge 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 it is deemed practically infeasible to collect the amount in arrears, such collection shall be commissioned to the head of the competent tax office.
(5) If collecting a disciplinary additional charge is acknowledged 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 to paragraph (4), the Chief Justice may request the Committee to adopt a resolution for reduction of or exemption from the relevant charge.
[This Article Newly Inserted by Act No. 15250, Dec. 19, 2017]

Article 7-3 (Request for Another Disciplinary Action, etc.) Printed articles
(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 by Act No. 15250, Dec. 19, 2017]

Article 7-4 (Verification, etc. of Grounds for Disciplinary Actions of Judges Wanting to Retire) Printed articles
(1) Where a judge wants to retire from office, the Supreme Court Justice shall verify whether the judge is involved with any disciplinary ground prescribed in Article 2.
(2) Where any disciplinary ground leading to 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 by Act No. 15250, Dec. 19, 2017]

Article 8 (Prescription of Reasons for Disciplinary Actions, etc.) Printed articles
(1) When three years (five years in cases falling under any subparagraph of Article 7-2 (1)) have passed from the date the reasons for disciplinary action, etc. occurred, no request for disciplinary action, etc. shall be made for such reasons. <Amended by Act No. 15250, Dec. 19, 2017>
(2) Where the period referred to in 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 referred to in paragraph (1) shall be deemed terminated on the date a month has passed after the procedure prescribed in Article 20 was completed. <Newly Inserted by Act No. 15250, 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 referred to in paragraph (1) expires or the remaining period thereof is less than three months. <Newly Inserted by Act No. 15250, Dec. 19, 2017>
[This Article Wholly Amended by Act No. 15250, Dec. 19, 2017]

Article 9 (Service of Request for Disciplinary Actions) Printed articles
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 by Act No. 10578, Apr. 12, 2011]

Article 10 (Exclusion, Challenge and Abstention) Printed articles
(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 by Act No. 10578, Apr. 12, 2011]

Article 11 (Preliminary Deliberation) Printed articles
(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 by Act No. 10578, Apr. 12, 2011]

Article 12 (Request for Attendance to Respondent) Printed articles
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 by Act No. 10578, Apr. 12, 2011]

Article 13 (Deliberation of Disciplinary Actions) Printed articles
(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 of 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 by Act No. 10578, Apr. 12, 2011]

Article 14 (Right to Make Statement and Right to Present Defense Evidence of Respondent and Requester of Disciplinary Actions) Printed articles
The respondent and respondent of disciplinary actions may state opinions or present defense evidence in writing or orally.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]

Article 15 (Designation of Defense Lawyers, etc.) Printed articles
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 by Act No. 10578, Apr. 12, 2011]

Article 16 (Appraisal, Examination of Witnesses, etc.) Printed articles
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 by Act No. 10578, Apr. 12, 2011]

Article 17 (Nonattendance of Respondent) Printed articles
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 by Act No. 10578, Apr. 12, 2011]

Article 18 (Right to Make Final Statements) Printed articles
The chairperson shall give a respondent and a defense lawyer or special counsel an opportunity to make a final statement.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]

Article 19 (Participation by Administrative Secretary and Preparation of Deliberation Records) Printed articles
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 by Act No. 10578, Apr. 12, 2011]

Article 20 (Suspension of Disciplinary Procedures) Printed articles
(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 by Act No. 10578, Apr. 12, 2011]

Article 21 (Withdrawal of Request for Disciplinary Actions) Printed articles
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 by Act No. 10578, Apr. 12, 2011]

Article 22 (Criminal Procedure Act, etc. to Be Applied mutatis mutandis) Printed articles
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 Rules.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]

Article 23 (Methods of Decision Making by Committee) Printed articles
(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 to 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 sentence 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 by Act No. 10578, Apr. 12, 2011]

Article 24 (Decision on Disciplinary Actions by Committee) Printed articles
When the Committee has completed deliberation, it shall make a decision according to the following classifications: <Amended by Act No. 15250, 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 by Act No. 10578, Apr. 12, 2011]

Article 25 (Preparation of Decision of Disciplinary Actions and Service thereof) Printed articles
(1) When the Committee makes a decision prescribed in Article 24, it shall prepare a written decision in which reasons thereof 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 by Act No. 10578, Apr. 12, 2011]

Article 26 (Disposition of Disciplinary Actions and Execution thereof) Printed articles
(1) The Chief Justice shall issue a disposition of disciplinary action, etc. based on the decision of the Committee and enforce it. <Amended by Act No. 15250, 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 by Act No. 15250, Dec. 19, 2017>
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]

Article 27 (Procedures of Raising Objection) Printed articles
(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 by Act No. 15250, 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 by Act No. 10578, Apr. 12, 2011]
Article 28 (Supreme Court Rules) Printed articles
Matters necessary for the implementation of this Act shall be prescribed by Supreme Court Rules.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]


ADDENDA
(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.
(3) Omitted.
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.


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

Article 1 (Purpose) Printed articles

 


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