Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Act on the Appointment of Judge Advocates and matters necessary for the enforcement thereof.
Article 2(Age eligibility for examination) #
A person who is at least 20 years old but under 30 years of age as of the date of public announcement of the judge advocate appointment examination (hereinafter referred to as the “appointment examination”) may take the examination.
Article 3(Physical examination) #
(1) The methods and standards for the physical examination conducted in the appointment examination shall be prescribed by the Minister of National Defense; provided, a physical examination shall not be conducted for active-duty officers taking the appointment examination.
(2) The physical examination under paragraph (1) shall be conducted at a medical institution designated by the Minister of Personnel Management in consultation with the Minister of National Defense. <Amended on Feb. 29, 2008; Nov. 19, 2014>
Article 4(Appointment of probationary judge advocates) #
A probationary judge advocate (hereinafter referred to as “probationer”) shall be appointed by the Minister of National Defense from among those who have passed the appointment examination, upon the recommendation of the Chief of Staff of each military branch.
Article 5(Period and subjects of practical training) #
(1) The period of practical training for probationers shall be 2 years.
(2) The subjects of practical training shall include practical affairs of civil trials, criminal trials, prosecution, and defense, as well as other legal and general education subjects.
Article 6(Implementation of practical training) #
(1) The practical training shall be conducted by the Chief of Staff of each military branch.
(2) If deemed necessary, the Minister of National Defense may, in consultation with the Chief Justice of the Supreme Court, have the Director of the Judicial Research and Training Institute conduct part of the practical training.
(3) Where practical training is entrusted to the Director of the Judicial Research and Training Institute under paragraph (2), the Minister of National Defense shall prepare a training entrustment plan and consult with the Chief Justice of the Supreme Court at least 2 months prior to the commencement of the entrusted training.
Article 7(Command and supervision of probationers) #
A probationer shall be under the command and supervision of the Chief of Staff of each military branch.
Article 8(Evaluation of practical training performance) #
The Chief of Staff of each military branch shall, without delay after the completion of each practical training course, report to the Minister of National Defense an evaluation of the conduct and other aspects of the probationer, both in and outside of duty, as well as the overall practical training performance.
Article 9(Practical qualification examination) #
(1) The practical qualification examination shall consist of a written test and the evaluation of practical training performance under Article 8.
(2) The written test shall be conducted on the subjects of training under Article 5 (2); provided, for subjects taken at the Judicial Research and Training Institute, the examination and teaching evaluation conducted by the Institute shall substitute for the written test.
Article 10(Public announcement of successful candidates) #
When the successful candidates of the practical qualification examination are determined, the Minister of National Defense shall, without delay, make a public announcement thereof.
Article 11(Measures for unsuccessful candidates) #
(1) A person who fails the practical qualification examination may take the examination one more time after undergoing retraining for a period within 1 year.
(2) Matters necessary for the retraining under paragraph (1), including its period, subjects, and examination, shall be prescribed by the Minister of National Defense. <Amended on May 21, 2014>
(3) The Minister of National Defense shall dismiss a probationer who fails the practical qualification examination under paragraph (1).
Article 12 #
Deleted. <May 21, 2014>
Article 13 #
Deleted. <May 21, 2014>
Article 14 #
Deleted. <May 21, 2014>
Article 15 #
Deleted. <May 21, 2014>