COURT ORGANIZATION ACT

영문법령 불러오는 중…

COURT ORGANIZATION ACT — 법갈피

Article 7(Exercise of Judgment Authority) #

(1) The judgment authority of the Supreme Court shall be exercised by the collegiate panel composed of not less than 2/3 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 in 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. Where it is deemed that a trial by a panel is not proper.

(2) The Chief Justice of the Supreme Court may, if deemed 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: Provided, That the jurisdiction of an administrative case decided by the collegiate panel of the relevant administrative court to be judged by a single judge shall be exercised by a single judge.

(4) The judgment authority of a district court, family court, bankruptcy court and the branch court of a district court and family court, family branch court, or Si/Gun court of such district or family court shall be exercised by a single judge. <Amended on Dec. 27, 2016>

(5) Where a collegiate judgment is required in a district court, family court, bankruptcy court, the branch court of a district court and family court, or a family branch court, it shall be performed by a collegiate panel composed of three judges. <Amended on Dec. 27, 2016>

[This Article Wholly Amended on Dec. 30, 2014]

Article 25-2(Judges Personnel Committee) #

(1) In order to deliberate important matters on the personnel affairs of judges, the Judges Personnel Committee (hereinafter referred to as the "Personnel Committee") shall be established within the Supreme Court.

(2) The Personnel Committee shall review the following matters:

1. Matters on establishment of basic plans concerning personnel affairs;

2. Matters on appointment of judges pursuant to Article 41 (3);

3. Matters on judges’ serving consecutive terms pursuant to Article 45-2;

4. Matters on retirement of judges pursuant to Article 47;

5. Other matters deemed important and submitted to a meeting of the Personnel Committee by the Chief Justice of the Supreme Court.

(3) The Personnel Committee shall be composed of 11 members, including one chairperson.

(4) The following persons shall be appointed or commissioned as members of the Personnel Committee by the Chief Justice of the Supreme Court:

1. Three judges;

2. Two prosecutors recommended by the Minister of Justice: Provided, That they shall participate only in the deliberation on new appointment of judges prescribed in paragraph (2) 2;

3. Two attorneys-at-law who are recommended by the president of the Korea Bar Association;

4. Two professors of law recommended each by the president of the Korea Law Professors Association, an incorporated association, and the president of the Korean Association of Law Schools, an incorporated association;

5. Two revered persons of profound learning and experience in the area of their expertise, among those who are not admitted to the bar. In such cases, at least one of the two persons shall be female.

(5) The chairperson shall be appointed or commissioned by the Chief Justice from among the members of the Personnel Committee.

(6) Matters, other than those provided in paragraphs (1) trough (5), necessary for organization and operation, etc. of the Personnel Committee shall be determined by the Supreme Court Regulations.

[This Article Wholly Amended on Dec. 30, 2014]

Article 32(Judgment Authority of Collegiate Panel) #

(1) The collegiate panel of a district court and its branch court shall judge the following cases in the first instance: <Amended on Jan. 6, 2016; Dec. 24, 2018; Jan. 26, 2021; Dec. 21, 2021>

1. Cases that the collegiate panel 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 subject to the capital punishment or imprisonment with or without labor for an indefinite term or for short term of not less than one year, excluding the following cases:

(a) Cases falling under Articles 258-2 (1), 331, and 332 (limited to habitual offenders committing a crime referred to in Article 331) and attempts thereof, Article 350-2 and an attempt thereof, and Article 363 of the Criminal Act;

(b) Cases falling under subparagraphs 2 and 3 of Article 2 (3), Article 6 (limited to the attempts referred to in subparagraphs 2 and 3 of Article 2 (3)), and Article 9 of the Punishment of Violences Act;

(d) Cases falling under Article 5-3 (1), subparagraphs 1 and 3 of Article 5-4 (5), and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(e) Cases falling under Article 5 of the Act on Special Measures for the Control of Public Health Crimes;

(f) Cases falling under Article 5 of the Illegal Check Control Act;

(g) Cases falling under Article 148-2 (1), (2), and (3) 1 and 2 of the Road Traffic Act;

(h) Cases falling under Article 6 (1) and (3) and Article 10 (1) of the Serious Accidents Punishment Act;

4. Cases of complicity to be judged concurrently with those provided in subparagraph 3;

5. Cases of disqualification of or challenge against the judges of a district court;

6. Cases falling under the competence of the collegiate panel of a district court under other Acts.

(2) The collegiate panel of a district court and of Gangneung Branch Court of Chuncheon District Court shall judge the cases not falling under subparagraph 2 of Article 28 in the second instance among cases of appeal or complaint against the judgment, decision, or order rendered by a single judge of the district court: Provided, That the cases falling under the competence of the patent court under subparagraph 2 of Article 28-4 shall be excluded. <Amended on Dec. 1, 2015>

[This Article Wholly Amended on Dec. 30, 2014]

Article 41-2(Committee of Recommendation of Supreme Court Justice Candidates) #

(1) In order to recommend candidates for Supreme Court Justices to be requested by the Chief Justice of the Supreme Court, a committee of recommendation of the Supreme Court Justice candidates (hereinafter referred to as the "Recommendation Committee") shall be established within the Supreme Court.

(2) Whenever the Chief Justice of the Supreme Court requests for appointment of candidates for Supreme Court Justices, the Recommendation Committee shall be formed and composed of 10 committee members, including one chairperson.

(3) The following persons shall be appointed or commissioned as members of the Recommendation Committee by the Chief Justice of the Supreme Court:

1. Senior Justices of the Supreme Court;

2. Minister of the National Court Administration;

3. Minister of Justice;

4. President of the Korean Bar Association;

5. President of the Korea Law Professors Association, an incorporated association;

6. President of the Korean Association of Law Schools, an incorporated association;

7. One judge who is not a Justice of the Supreme Court;

8. Three revered persons of profound learning and experience in the area of their expertise, among those who are not admitted to the bar. In such cases, at least one of them shall be female.

(4) The chairperson shall be appointed or commissioned by the Chief Justice of the Supreme Court from among the members of the Recommendation Committee.

(5) The Recommendation Committee shall be convoked by the chairperson if he or she deems it necessary to convoke the committee or if requested by the Chief Justice of the Supreme Court or by at least 1/3 of members of the committee, and make resolution with the majority of its incumbent members.

(6) The Recommendation Committee shall recommend candidates for Supreme Court Justices at least three times the number of Supreme Court Justices to be requested by the Chief Justice of the Supreme Court (where Supreme Court Justices to be requested are at least two persons, referring to each of the Supreme Court Justices).

(7) The Chief Justice of the Supreme Court shall, when he or she requests for appointment of candidates for Supreme Court Justices, respect the recommendations by the Recommendation Committee.

(8) Where the Recommendation Committee has recommended candidates for Supreme Court Justices in accordance with paragraph (6), the relevant Recommendation Committee shall be deemed dissolved.

(9) Matters, other than those provided in paragraphs (1) through (8), necessary for the organization, operation, etc. of the Recommendation Committee shall be determined by the Supreme Court Regulations.

[This Article Wholly Amended on Dec. 30, 2014]

Article 54(Judicial Assistant Officials) #

(1) The judicial assistant officials may be assigned to the Supreme Court and each court.

(2) The judicial assistant officials may perform the duties provided by the Supreme Court Regulations among the following duties: <Amended on Mar. 29, 2016; Dec. 12, 2017>

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 aforementioned Act is applied mutatis mutandis) and the Act on Special Cases concerning Expedition, etc. of Legal Proceedings and the procedures for decision of performance recommendation under the Trial of Small Claims Act;

2. Duties of the court in the procedures for orders to render executory notices, those for registration on the register 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 compulsory execution based on creditor's rights other than his or her monetary claim, 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);

3. Duties of the court in the procedures for registration orders for lease rights under the Housing Lease Protection Act and the Commercial Building Lease Protection Act;

4. Duties of the family court in the procedures for accepting reports on qualified acceptance of inheritance, renunciation of inheritance, revocation of qualified acceptance, or revocation of renunciation of inheritance under the Family Litigation Act;

5. Duties of the family court in the procedures for divorces by agreement between parties without minor children under the Act on the Registration, etc. of Family Relationships.

(3) The judicial assistant officials shall perform their duties under the supervision of judicial officers, and any objections to the dispositions of judicial assistant officials may be raised against the judicial officers under the provisions of the Supreme Court Regulations.

(4) The judicial assistant officials 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 prescribed by the Supreme Court Regulations.

[This Article Wholly Amended on Dec. 30, 2014]

COURT ORGANIZATION ACT

Article 1(Purpose) #

Article 2(Competence of Courts) #

Article 3(Categories of Courts) #

Article 4(Justices of Supreme Court) #

Article 5(Judges) #

Article 6(Acting Judges) #

Article 7(Exercise of Judgment Authority) #

Article 8(Binding Force of Judgment of Higher Court) #

Article 9(Judicial Administrative Affairs) #

Article 9-2(Judges' Council) #

Article 10(Secretariat of Each Court, etc.) #

Article 11(Highest Court) #

Article 12(Seat) #

Article 13(Chief Justice of Supreme Court) #

Article 14(Judgment Authority) #

Article 15(Indication of Justice's Opinion) #

Article 16(Composition and Decision-Making Method of Supreme Court Justices' Council) #

Article 17(Matters to Be Decided by Supreme Court Justices' Council) #

Article 18(Delegated Matters) #

Article 19(The National Court Administration) #

Article 20(The Judicial Research and Training Institute) #

Article 20-2(The Judicial Policy Research Institute) #

Article 21(The Court Officials Training Institute) #

Article 22(The Court Library) #

Article 23(Secretariat of Chief Justice of Supreme Court) #

Article 24(Judicial Researchers) #

Article 25(Judicial Policy Advisory Committee) #

Article 25-2(Judges Personnel Committee) #

Article 26(Chief Judges of High Courts) #

Article 27(Chambers) #

Article 28(Judgment Authority) #

Article 28-2(Chief Judge of Patent Court) #

Article 28-3(Divisions) #

Article 28-4(Judgment Authority) #

Article 29(Chief Judges of District Courts) #

Article 30(Divisions) #

Article 31(Branch Courts) #

Article 31-2(Jurisdiction of Family Branch Courts) #

Article 32(Judgment Authority of Collegiate Panel) #

Article 33(Si/Gun Courts) #

Article 34(Jurisdiction of Si/Gun Courts) #

Article 35(Request for Formal Judgment against Summary Judgment) #

Article 36(Registry Offices) #

Article 37(Chief Judges of Family Courts) #

Article 38(Divisions) #

Article 39(Branch Courts) #

Article 40(Judgment Authority of Collegiate Panel) #

Article 40-2(Chief Judge of Administrative Court) #

Article 40-3(Divisions) #

Article 40-4(Judgment Authority) #

Article 40-5(Chief Judge of Bankruptcy Court) #

Article 40-6(Divisions) #

Article 40-7(Judgment Authority of Collegiate Panel) #

Article 41(Appointment of Judicial Officers) #

Article 41-2(Committee of Recommendation of Supreme Court Justice Candidates) #

Article 42(Qualification for Appointment) #

Article 42-2 #

Article 42-3(Restriction on Competence) #

Article 42-4 #

Article 43(Grounds for Disqualification) #

Article 44(Assignment to Position) #

Article 44-2(Rating of Service Record) #

Article 45(Term of Office, Reappointment, and Age Limit) #

Article 45-2(Reappointment of Judges) #

Article 46(Guarantee of Judicial Officers' Status) #

Article 47(Retirement due to Mental and Physical Impediment) #

Article 48(Discipline) #

Article 49(Prohibited Matters) #

Article 50(Dispatched Service) #

Article 50-2(Prohibition of Dispatch of Judicial Officers) #

Article 51(Leave of Absence) #

Article 52(Concurrent Offices) #

Article 53(Personnel of Courts) #

Article 53-2(Law Clerks) #

Article 54(Judicial Assistant Officials) #

Article 54-2(Technical Examiners) #

Article 54-3(Investigation Officers) #

Article 55(Execution Officers) #

Article 55-2(Court Security Management Unit) #