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Court Organization Act


Published: 2014-01-07

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PART I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to prescribe the organization of courts exercising the judicial power under the Constitution.
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 Article 2 (Competence of Courts)   print
(1) Except as otherwise prescribed by the Constitution, courts shall judge all legal disputes and litigations, and have the competence vested in them under this Act and other Acts.
(2) The provisions of paragraph (1) shall not prohibit any judgment as a previous trial by an administrative agency.
(3) Courts shall administer and supervise affairs concerning registration, registration of family relationship, deposits, execution officers and certified judicial scriveners. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 5002, Dec. 6, 1995; Act No. 8435, May 17, 2007>
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 Article 3 (Categories of Courts)   print
(1) Courts shall be classified into the following six categories:
1. Supreme Court;
2. High Court;
3. Patent Court;
4. District Court;
5. Family Court; and
6. Administrative Court.
(2) In order to handle part of the affairs of district courts and family courts, there may be established a branch court, a family branch court, a Si court or Gun court (hereinafter referred to as " Si/Gun court"), and a registry under the jurisdiction of the district courts and family courts: Provided, That two branches of the district courts and family courts may be united into one branch court. <Amended by Act No. 6408, Jan. 29, 2001>
(3) The establishment, abolition and territorial jurisdiction of a high court, patent court, district court, family court, and administrative court, and a branch court, family branch court, and Si/Gun court of the district court and family court, shall be prescribed separately by Acts, and the establishment, abolition and territorial jurisdiction of a registry shall be determined by the Supreme Court Regulations. <Amended by Act No. 6408, Jan. 29, 2001>
[This Article Wholly Amended by Act No. 4765, Jul. 27, 1994]
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 Article 4 (Justices of Supreme Court)   print
(1) Justices shall be assigned to the Supreme Court.
(2) The number of Justices of the Supreme Court shall be 14, including the Chief Justice. <Amended by Act No. 7725, Dec. 14, 2005; Act No. 8794, Dec. 27, 2007>
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 Article 5 (Judges)   print
(1) Judicial officers, other than the Chief Justice and Justices of the Supreme Court, shall be judges.
(2) Judges shall be assigned to a high court, patent court, district court, family court and administrative court. <Amended by Act No. 4765, Jul. 27, 1994>
(3) The number of judges shall be prescribed separately by Acts: Provided, That the number of judges to be assigned to each court, as provided in paragraph (2) shall be prescribed by the Supreme Court Regulations. <Amended by Act No. 4765, Jul. 27, 1994>
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 Article 6 (Acting Judge)   print
(1) The Chief Justice of the Supreme Court may have a judge to act on behalf of a judge of other high court, patent court, district court, family court or administrative court.
(2) The president of a high or district court may have a judge to act on behalf of another judge under paragraph (1) only within his territorial jurisdiction: Provided, That if the period during which a judge acts on behalf of another judge exceeds six months, the approval of the Chief Justice of the Supreme Court shall be obtained.
[This Article Wholly Amended by Act No. 4765, Jul. 27, 1994]
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 Article 7 (Exercise of Judgment Authority)   print
(1) The judgment authority of the Supreme Court shall be exercised by the collegiate panel composed of not less than two-thirds 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 for 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. Deleted; and <by Act No. 4017, Aug. 5, 1988>
5. Where it is deemed that a trial by a panel is not proper.
(2) The Chief Justice of the Supreme Court may, if 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: the jurisdiction of an administrative case decided by the collegiate panel of the administrative court concerned to be judged by a single judge shall be exercised by a single judge. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 6084, Dec. 31, 1999>
(4) The judgment authority of a district court, a family court, and the branch court, family branch court, or Si/Gun court of such district or family court shall be exercised by a single judge. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 6408, Jan. 29, 2001>
(5) In a case where a collegiate judgment is required in a district court, a family court, or the branch court or family branch court thereof, it shall be performed by a collegiate panel composed of three judges. <Amended by Act No. 6408, Jan. 29, 2001>
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 Article 8 (Binding Force of Judgment of Higher Court)   print
Any decision made in a judgment of a higher court shall bind the court of lower instance with respect to the case in question.
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 Article 9 (Judicial Administrative Affairs)   print
(1) The Chief Justice of the Supreme Court shall exercise a general control and supervision over the judicial administrative affairs, and direct and control public officials concerned with respect to the judicial administrative affairs. <Amended by Act No. 4765, Jul. 27, 1994>
(2) The Chief Justice of the Supreme Court may delegate a part of his authority over the direction and supervision of judicial administrative affairs to the Director of the Court Administration Office, the heads of courts of various levels, the Director of the Judicial Research and Training Institute, the Director of the Court Officials Training Institute or the Director of the Court Library under the provisions of Acts or the Supreme Court Regulations, or under the order of the Chief Justice of the Supreme Court.
(3) If it is deemed necessary to enact or revise Acts related to the organization, personnel affairs, operation of courts, litigation procedures, registration, registration of family relationship, and other court affairs, the Chief Justice of the Supreme Court may present in writing his opinion to the National Assembly. <Newly Inserted by Act No. 4765, Jul. 27, 1994; Act No. 8435, May 17, 2007>
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 Article 9-2 (Judges' Council)   print
(1) A high court, patent court, district court, family court, administrative court, and such branch court as prescribed by the Supreme Court Regulations shall establish a judges'council as an advisory agency on the judicial administration.
(2) Each judges'council shall be comprised of judges, but matters necessary for the organization and operation thereof shall be prescribed by the Supreme Court Regulations.
[This Article Newly Inserted by Act No. 4765, Jul. 27, 1994]
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 Article 10 (Secretariat of each Court, etc.)   print
(1) A high court, patent court, district court, family court, administrative court, and such branch court as prescribed by the Supreme Court Regulations shall establish the secretariat, and such high court and district court as prescribed by the Supreme Court Regulations may establish a bureau other than secretariat. <Amended by Act No. 4765, Jul. 27, 1994>
(2) There shall be established sections in a branch court and family branch court in which no secretariat and bureau, or no secretariat is established as provided in paragraph (1), but the establishment and division of duties thereof shall be prescribed by the Supreme Court Regulations. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 6408, Jan. 29, 2001>
(3) The secretary-general of a high court, patent court, and such district court as provided in the latter part of paragraph (1), shall be appointed from among the court public officials of Grade II or III; the bureau chief of a high court, the secretary-general and bureau chief of a district court, the secretary-general of a family court, the secretary-general of an administrative court, and the secretary-general of such branch court as prescribed by the Supreme Court Regulations, from among the court public officials of Grade III or IV; and the chief of section, from among the court public officials of Grade III, IV or V, or the registry public officials of Grade V. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 5181, Dec. 12, 1996; Act No. 6408, Jan. 29, 2001>
(4) The secretary-general, the chief of bureau, and the chief of section shall be in charge of affairs of the secretariat, bureau or section under the order of senior officials, and direct and control the staff and personnel under his responsibility. <Amended by Act No. 4765, Jul. 27, 1994>
PART II SUPREME COURT
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 Article 11 (Highest Court)   print
The Supreme Court shall be the highest court.
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 Article 12 (Seat)   print
The Supreme Court shall be located in the Seoul Special Metropolitan City.
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 Article 13 (Chief Justice of Supreme Court)   print
(1) The Chief Justice shall be appointed for the Supreme Court.
(2) The Chief Justice shall be in charge of general affairs of the Supreme Court, direct and control personnel of the Supreme Court and those of courts of each instance and organizations under its control with respect to judicial administrative affairs.
(3) When the Chief Justice becomes vacant or is unable to perform his duties by accident, the senior Justice shall act on behalf of him.
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 Article 14 (Judgment Authority)   print
The Supreme Court shall judge as the court in the last instance the following cases: <Amended by Act No. 4765, Jul. 27, 1994>
1. The case of a final appeal against a judgment of a high court, appellate court or patent court;
2. The case of a re-appeal against a decision or order of a court of appeal on a ruling, high court, appellate court, or patent court; and
3. The cases falling under the jurisdiction of the Supreme Court pursuant to other Acts.
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 Article 15 (Indication of Justice's Opinion)   print
In the text of judgment made by the Supreme Court, opinions of all Justices of the Supreme Court who have participated in the judgment shall be indicated.
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 Article 16 (Composition and Decision-Making Method of Supreme Court Justices' Council)   print
(1) The Supreme Court Justices' Council shall be composed of the Justices of the Supreme Court and the Chief Justice of the Supreme Court shall preside over it.
(2) The Supreme Court Justices' Council shall make a decision, by attendance of not less than 2/3 of all Justices of the Supreme Court, and an affirmative vote of a majority of Justices present.
(3) The chairman shall have a vote in a decision and in cases of an equal vote, he shall have a casting vote.
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 Article 17 (Matters to be Decided by Supreme Court Justices' Council)   print
The following matters shall be decided by the Supreme Court Justices' Council: <Amended by Act No. 7402, Mar. 24, 2005>
1. Consent to the appointment and reappointment of a judge;
2. Matters concerning the enactment, revision, etc. of the Supreme Court Regulations;
3. Matters concerning the collection and publication of judicial precedents;
4. Matters concerning the request for the budget, expenditure of reserve fund and settlement of accounts;
5. Matters falling under the competence of the Supreme Court Justices' Council pursuant to other Acts and subordinate statutes; and
6. Matters as deemed to be of particular importance, and as prescribed by the Chief Justice of the Supreme Court.
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 Article 18 (Delegated Matters)   print
Matters necessary for the operation of the Supreme Court Justices' Council shall be prescribed by the Supreme Court Regulations.
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 Article 19 (Court Administration Office)   print
(1) In order to take charge of judicial administrative affairs, the Court Administration Office shall be established in the Supreme Court.
(2) The Court Administration Office shall perform functions and duties in relation to personnel affairs, budgets, accounting, facilities, statistics, litigation affairs, registration, registration of family relationship, deposits, enforcement officers, certified judicial scriveners, research of current legislations and study of judicial systems which are relevant to courts. <Amended by Act No. 5181, Dec. 12, 1996; Act No. 8435, May 17, 2007>
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 Article 20 (Judicial Research and Training Institute)   print
In order to take charge of affairs concerning the study and training of judges and the training of judicial trainees, the Judicial Research and Training Institute shall be established in the Supreme Court. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 8411, May 1, 2007>
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 Article 20-2 (Judicial Policy Research Institute)   print
In order to conduct research on improving the judicial and trial systems, the Judicial Policy Research Institute shall be established in the Supreme Court.
[This Article Newly Inserted by Act No. 12041, Aug. 13, 2013]
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 Article 21 (Court Officials Training Institute)   print
In order to take charge of affairs concerning the training and education of court personnel, execution officers, etc., the Court Officials Training Institute shall be established in the Supreme Court. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 5002, Dec. 6, 1995>
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 Article 22 (Court Library)   print
The Court Library shall be attached to the Supreme Court and shall research, collect or compile judicial decisions, Acts and subordinate statutes, legal materials, historical data, and other information, to manage or make them available for the purpose of supporting judicial services and improving the legal environment.
[This Article Wholly Amended by Act No. 5181, Dec. 12, 1996]
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 Article 23 (Secretariat of Chief Justice of Supreme Court)   print
(1) The secretariat of the Chief Justice of the Supreme Court shall be established in the Supreme Court.
(2) The secretariat of the Chief Justice of the Supreme Court shall have a chief secretary, who is appointed from among judges or elected public officials and takes charge of affairs of the secretariat, and directs and controls public officials working in the secretariat, under the order of the Chief Justice of the Supreme Court. <Amended by Act No. 4765, Jul. 27, 1994>
(3) Matters necessary for the organization and operation of the secretariat of the Chief Justice of the Supreme Court shall be prescribed by the Supreme Court Regulations.
(4) The secretary of the Justice shall be appointed for the Supreme Court.
(5) The secretary of the Justice shall be appointed from among clerk of a law court or public officials equivalent to Grade IV in special service. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 7725, Dec. 14, 2005>
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 Article 24 (Judicial Researcher)   print
(1) The Supreme Court shall appoint judicial researchers.
(2) The judicial researchers shall be in charge of affairs concerning the research and study on the examination and trial of cases in the Supreme Court, under the order of the Chief Justice of the Supreme Court.
(3) The judicial researchers shall be appointed from among the judges or may be appointed from the persons who are not the judges by providing the scope within three-year period. <Amended by Act No. 7725, Dec. 14, 2005>
(4) The judicial researchers who are not the judges shall be appointed from the officials in the extraordinary civil service equivalent to Grade II or III or from the public officials with term of office under Article 26-5 of the State Public Officials Act, and their organization of office and qualifications shall be provided by the Supreme Court Regulations. <Newly Inserted by Act No. 7725, Dec. 14, 2005; Act No. 11530, Dec. 11, 2012>
(5) The Chief Justice of the Supreme Court may request other State agencies, public organizations, educational institutions, research agencies and other necessary agencies to dispatch the public officials and staff members belonging thereto in order to serve the dispatched service as the judicial researchers. <Newly Inserted by Act No. 7725, Dec. 14, 2005>
(6) The allowances provided by the Supreme Court Regulations may be paid to the judicial researchers dispatched under the provisions of paragraph (5). <Newly Inserted by Act No. 7725, Dec. 14, 2005>
[This Article Wholly Amended by Act No. 4765, Jul. 27, 1994]
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 Article 25 (Judicial Policy Advisory Committee)   print
(1) The Chief Justice of the Supreme Court may, if necessary, establish the Judicial Policy Advisory Committee as an advisory agency of the Chief Justice of the Supreme Court.
(2) The Judicial Policy Advisory Committee shall be composed of seven or less members appointed by the Chief Justice of the Supreme Court from among those of high learning and reputation on judicial policies, and matters necessary for the organization and operation of the Committee shall be prescribed by the Supreme Court Regulations.
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 Article 25-2 (Judges Personnel Committee)   print
(1) In order to deliberate important matters on the personnel affairs of judges, the Judges Personnel Committee (hereinafter referred to as “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 by the Chief Justice of the Supreme Court and referred to the Personnel Committee.
(3) The Personnel Committee shall be composed of 11 committee 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 in only the deliberation on new appointment of judges prescribed in paragraph (2) 2;
3. Two attorneys-at-law 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 the their expertise, among those who are not admitted to the bar. In this case, 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) Other matters necessary for organization and operation, etc. of the Personnel Committee shall be determined by the Supreme Court Regulations.
[This Article Wholly Amended by Act No. 10861, Jul. 18, 2011]
PART III COURTS
CHAPTER I HIGH COURT
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 Article 26 (President of High Court)   print
(1) A president shall be appointed for the high court.
(2) The president of the high court shall be appointed from among judges.
(3) The president of the high court shall be in charge of judicial administrative affairs of the court, and direct and supervise public officials under his control.
(4) When the president of the high court becomes vacant, or he is unable to perform his duties by accident, his competence shall be exercised by the first chief judge or senior chief judge in charge of division.
(5) The secretary to the president of the high court shall be appointed for the high court.
(6) The secretary of the president of the high court shall be appointed from among the court public officials of Grade V or those equivalent to Grade V in special service. <Amended by Act No. 4765, Jul. 27, 1994>
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 Article 27 (Divisions)   print
(1) The divisions shall be established in the high court. <Amended by Act No. 4765, Jul. 27, 1994>
(2) The chief judge shall be appointed in each division.
(3) The chief judge shall be the presiding judge in a judgment in the division and supervise affairs of the division under the direction of the president of the high court.
(4) If necessary for carrying out the judicial affairs, a division of the high court may handle affairs at the seat of the district court in its jurisdiction, pursuant to the regulations of the Supreme Court. <Amended by Act No. 9940, Jan. 25, 2010>
(5) When there are two or more divisions of the high court which handle affairs at the seat of the district court pursuant to paragraph (4), the Chief Justice of the Supreme Court may designate a judge who takes charge of judicial administrative affairs related to such divisions. <Newly Inserted by Act No. 9940, Jan. 25, 2010>
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 Article 28 (Judgment Authority)   print
The high court shall judge the following cases: <Amended by Act No. 4300, Dec. 31, 1990; Act No. 4765, Jul. 27, 1994; Act No. 6408, Jan. 29, 2001>
1. Cases of appeal or appeal on a ruling against a judgment, adjudication, decision or order made in the first instance by a collegiate panel of a district court or family court, or by an administrative court;
2. Cases as determined by the Supreme Court Regulations from among the cases excluding the criminal cases, in terms of the cases of appeal or appeal on a ruling against the judgment, adjudication, decision or order made in the first instance by a single judge of a district court or family court; and
3. Cases falling under the jurisdiction of the high court under other Acts.
CHAPTER II PATENT COURT
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 Article 28-2 (President of Patent Court)   print
(1) A president shall be appointed for the patent court.
(2) The president of the patent court shall be appointed from among judges.
(3) The president of the patent court shall be in charge of the judicial administrative affairs of the court, and direct and supervise the public officials under his control.
(4) The provisions of Article 26 (4) through (6) shall apply mutatis mutandis to the patent court.
[This Article Newly Inserted by Act No. 4765, Jul. 27, 1994]
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 Article 28-3 (Division)   print
(1) The patent court shall establish the divisions.
(2) The provisions of Article 27 (2) and (3) shall apply mutatis mutandis to the patent court.
[This Article Newly Inserted by Act No. 4765, Jul. 27, 1994]
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 Article 28-4 (Judgment Authority)   print
The patent court shall judge the following cases: <Amended by Act No. 5577, Sep. 23, 1998; Act No. 7289, Dec. 31, 2004; Act No. 7872, Mar. 3, 2006>
1. Cases of the first instance as provided in Article 186 (1) of the Patent Act, Article 33 of the Utility Model Act, Article 75 of the Design Protection Act, and Article 86 (2) of the Trademark Act; and
2. Cases to which the patent court is competent under other Acts.
[This Article Newly Inserted by Act No. 4765, Jul. 27, 1994]
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 Article 28-4 (Judgment Authority)   print
The patent court shall judge the following cases: <Amended by Act No. 5577, Sep. 23, 1998; Act No. 7289, Dec. 31, 2004; Act No. 7872, Mar. 3, 2006; Act No. 11848, May 28, 2013>
1. Cases of the first instance as provided in Article 186 (1) of the Patent Act, Article 33 of the Utility Model Act, Article 166 of the Design Protection Act, and Article 86 (2) of the Trademark Act;
2. Cases to which the patent court is competent under other Acts.
[This Article Newly Inserted by Act No. 4765, Jul. 27, 1994]
CHAPTER III DISTRICT COURTS
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 Article 29 (President of District Court)   print
(1) A president shall be appointed for the district court.
(2) The president of the district court shall be appointed from among judges.
(3) The president of the district court shall be in charge of judicial administrative affairs of the court, its branch court, Si/Gun court, and registry, and direct and supervise public officials under his control. <Amended by Act No. 4765, Jul. 27, 1994>
(4) The provisions of Article 26 (4) through (6) shall be apply mutatis mutandis to the district court. <Amended by Act No. 4765, Jul. 27, 1994>
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 Article 30 (Divisions)   print
(1) The divisions shall be established for the district court. <Amended by Act No. 4765, Jul. 27, 1994>
(2) The provisions of Article 27 (2) and (3) shall apply mutatis mutandis to the district court.
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 Article 31 (Branch Court)   print
(1) A chief shall be appointed for the branch court of the district court and the family branch court. <Amended by Act No. 6408, Jan. 29, 2001>
(2) The chief of the branch court shall be appointed from among judges.
(3) The chief of the branch court shall be in charge of the judicial administrative affairs of the branch court and the Si/ court located in its territorial jurisdiction under the direction of the president of the district court to which the branch court belongs, and direct and supervise the public officials under his control. <Amended by Act No. 4765, Jul. 27, 1994>
(4) The chief of the branch court in which the secretariat is established shall be in charge of registry affairs located in its territorial jurisdiction, under the direction of the president of the district court to which the branch court belongs, and direct and supervise the public officials under his control. <Newly Inserted by Act No. 4765, Jul. 27, 1994>
(5) Divisions may be established in the branch of district court and the family branch court. <Amended by Act No. 6408, Jan. 29, 2001>
(6) The provisions of Article 27 (2) and (3) shall apply mutatis mutandis to the branch of district court and the family branch court in which divisions are established under paragraph (5). <Amended by Act No. 4765, Jul. 27, 1994; Act No. 6408, Jan. 29, 2001>
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 Article 31-2 (Jurisdiction of Family Branch Court)   print
The family branch court shall exercise jurisdiction over the matters belonging to the authority of a family court in the area in which no family court is established: Provided, That the matters falling under the adjudication of the cases of appeal or appeal on a ruling against the judgment, adjudication, decision or order made by a single judge of a family court, shall be excluded.
[This Article Newly Inserted by Act No. 6408, Jan. 29, 2001]
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 Article 32 (Judgment Authority of Collegiate Panel of Court)   print
(1) The district court and the collegiate panel of its branch court shall judge the following cases in the first instance: <Amended by Act No. 4765, Jul. 27, 1994; Act No. 6084, Dec. 31, 1999; Act No. 11554, Dec. 18, 2012>
1. Cases that the collegiate court 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 falling under the capital punishment or imprisonment with or without prison labor for life or for not less than one year, excluding the following cases:
(a) Deleted; <by Act No. 6084, Dec. 31, 1999>
(b) Cases falling under Articles 331 and 332 (limited to recidivists in connection with the crime of Article 331) of the Criminal Act, and the attempted crimes thereof;
(c) Cases falling under Articles 2 (1) and (3), 3 (1) and (2), 6 (limited to the attempted crimes as provided in Articles 2 (1) and (3), and 3 (1) and (2)), and 9 of the Punishment of Violences, etc. Act;
(d) Cases violating the Military Service Act;
(e) Cases falling under Articles 5-3 (1) and 5-4 (1), (4) and (5) (limited to the crimes falling under paragraphs (1) and (4)), and 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;
(f) Cases falling under Article 5 of the Act on Special Measures for the Control of Public Health Crimes; and
(g) Cases falling under Article 5 of the Illegal Check Control Act;
(h) Cases falling under Article 148-2 (1), (2) 1 of the Road Traffic Act.
4. Cases of complicity to be judged concurrently with those as provided in subparagraph 3;
5. Cases of exclusion or challenge against a judge of the district court; and
6. Cases falling under the competence of the collegiate panel of the district court under other Acts.
(2) The collegiate panel of the district court and of the branch of district court falling under any of the following subparagraphs shall judge the cases not falling under subparagraph 2 of Article 28 in the second instance from among the cases of appeal or appeal on a ruling against the judgment, decision or order made by a single judge of the district court: <Amended by Act No. 6408, Jan. 29, 2001>
1. Deleted; and <by Act No. 7402, Mar. 24, 2005>
2. Gangneung branch court of the Chuncheon district court.
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 Article 33 (Si/Gun Court)   print
(1) The Chief Justice of the Supreme Court shall nominate a judge of the Si/Gun court located in its territorial jurisdiction, from among those belonging to the district court or its branch court, to judge cases under the jurisdiction of the Si/Gun court. In this case, he may nominate a judge as judge of two or more Si/Gun courts.
(2) The judge of Si/Gun court shall be in charge of the judicial administrative affairs of the Si/Gun court under the direction of the president of the district court or the chief of the branch court to which he belongs, and direct and supervise the public officials under his control: Provided, That with respect to a family case, he shall be subject to the direction of the president of the family court or its branch court having the jurisdiction over the area.
[This Article Wholly Amended by Act No. 4765, Jul. 27, 1994]
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 Article 34 (Jurisdiction of Si/Gun Court)   print
(1) Each Si/Gun court shall have jurisdiction over the following cases: <Amended by Act No. 4765, Jul. 27, 1994; Act No. 8435, May 17, 2007>
1. Civil cases which are subject to the Trial of Small Claims Act;
2. Cases concerning reconciliation, reminding and mediation;
3. Criminal cases punishable by a fine not exceeding 200,000 won, detention or minor fine; and
4. Confirmation of a divorce by agreement as provided in Article 75 of the Act on the Registration, etc. of Family Relationship.
(2) If the cases as provided in paragraph (1) 2 and 3 are pending to the court of the first instance, by an objection for dissatisfaction with the judgment, the cases shall be subject to the jurisdiction of the district court or its branch court having the jurisdiction over the area: Provided, That any case governed by the Trial of Small Claims Act shall be subject to the jurisdiction of the Si/Gun court concerned. <Amended by Act No. 4765, Jul. 27, 1994>
(3) Criminal cases as provided in paragraph (1) 3 shall be judged summarily.
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 Article 35 (Request for Formal Judgment against Summary Decision)   print
The accused may request formal judgment against a summary decision under Article 34, within seven days after he is notified of it.
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 Article 36 (Registry Office)   print
(1) The registrar shall be appointed for each registry office.
(2) The registrar shall be appointed from among the court public officials of Grade IV or V, or the registry public official of Grade V. <Amended by Act No. 6408, Jan. 29, 2001>
(3) The registrar shall be in charge of affairs of the registry office under the direction of the president of the district court to which he belongs, or the president of the branch court in which the secretariat is established, and direct and supervise personnel under his control. <Amended by Act No. 4765, Jul. 27, 1994>
CHAPTER IV FAMILY COURT
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 Article 37 (President of Family Court)   print
(1) A president shall be appointed for each family court.
(2) The president of the family court shall be appointed from among judges.
(3) The president of the family court shall be in charge of judicial administrative affairs of the family court and its branch courts, and direct and supervise public officials under his control: Provided, That if only one branch court is established under the proviso to Article 3 (2), the president of the family court shall direct and supervise affairs concerning family cases, juvenile protection, and registration of family relationship of such branch court. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 8435, May 17, 2007>
(4) The provisions of Article 26 (4) through (6) shall apply mutatis mutandis to the family court. <Amended by Act No. 4765, Jul. 27, 1994>
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 Article 38 (Divisions)   print
(1) Divisions shall be established in each family court.
(2) The provisions of Article 27 (2) and (3) shall apply mutatis mutandis to the family court.
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 Article 39 (Branch Courts)   print
(1) A president shall be appointed for each branch court of the family court.
(2) The president of the branch court shall be in charge of the judicial administrative affairs of the branch court under the direction of the president of the family court to which he belongs, and direct and supervise the public officials under his control. <Newly Inserted by Act No. 4765, Jul. 27, 1994>
(3) The provisions of Articles 31 (2) and (5) and 27 (2) and (3) shall apply mutatis mutandis to the branch court of the family court. <Amended by Act No. 4765, Jul. 27, 1994>
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 Article 40 (Judgment Authority of Collegiate Panel)   print
(1) The collegiate panel of the family court and its branch court shall judge in the first instance the following cases: <Amended by Act No. 4300, Dec. 31, 1990>
1. Family affairs litigation cases and family affairs non-contentious cases in E class as prescribed by the Family Litigation Act, which are prescribed by the Supreme Court Regulations;
2. Cases of exclusion or challenge against a judge of the family court; and
3. Cases falling under the competence of a collegiate panel of the family court under other Acts.
(2) The collegiate panel of the family court and of the family branch court falling under the following subparagraphs shall judge cases not falling under subparagraph 2 of Article 28 in the second instance from among the cases of appeal or appeal on a ruling against the judgment, adjudication, decision or order made by a single judge of the family court: <Amended by Act No. 6408, Jan. 29, 2001>
1. Deleted; and <by Act No. 7402, Mar. 24, 2005>
2. Gangneung branch court of the Chuncheon family court.
CHAPTER V ADMINISTRATIVE COURT
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 Article 40-2 (President of Administrative Court)   print
(1) A president shall be appointed for the administrative court.
(2) The president of the administrative court shall be appointed from among judges.
(3) The president of the administrative court shall be in charge of the judicial administrative affairs of the court, and direct and supervise public officials under his control.
(4) The provisions of Article 26 (4) through (6) shall apply mutatis mutandis to the administrative court.
[This Article Newly Inserted by Act No. 4765, Jul. 27, 1994]
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 Article 40-3 (Divisions)   print
(1) The administrative court shall establish the divisions.
(2) The provisions of Article 27 (2) and (3) shall apply mutatis mutandis to the administrative court.
[This Article Newly Inserted by Act No. 4765, Jul. 27, 1994]
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 Article 40-4 (Judgment Authority)   print
The administrative court shall judge in the first instance, such administrative cases as prescribed by the Administrative Litigation Act, and those to which the administrative court is competent under other Acts.
[This Article Newly Inserted by Act No. 4765, Jul. 27, 1994]
PART IV JUDICIAL OFFICERS
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 Article 41 (Appointment of Judicial Officers)   print
(1) The Chief Justice of the Supreme Court shall be appointed by the President with the consent of the National Assembly.
(2) The Justices of the Supreme Court shall be appointed by the President with the consent of the National Assembly upon recommendation by the Chief Justice of the Supreme Court.
(3) Judges shall be appointed by the Chief Justice of the Supreme Court with the consent of the Supreme Court Justices' Council, after deliberation thereof by the Personnel Committee. <Amended by Act No. 10861, Jul. 18, 2011>
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 Article 41-2 (Committee of Recommendation of the Supreme Court Justice Candidates)   print
(1) In order to recommend candidates for the Supreme Court Justice 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 “Recommendation Committee”) shall be established within the Supreme Court.
(2) Whenever the Chief Justice of the Supreme Court requests for appointment of candidates for the Supreme Court Justice, 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 the Justice of the Supreme Court;
8. Three revered persons of profound learning and experience in the area of the 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/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 the Supreme Court Justice at least three times the number of the Supreme Court Justices to be requested by the Chief Justice of the Supreme Court (where the 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/she requests for appointment of candidates for the Supreme Court Justice, respect the recommendations by the Recommendation Committee.
(8) Where the Recommendation Committee has recommended candidates for the Supreme Court Justice in accordance with paragraph (6), the Recommendation Committee concerned shall be deemed dissolved.
(9) Other matters necessary for the organization, operation, etc. of the Recommendation Committee shall be determined by the Supreme Court Regulations.
[This Article Newly Inserted by Act No. 10861, Jul. 18, 2011]
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 Article 42 (Qualification for Appointment)   print
(1) The Chief Justice and Justices of the Supreme Court shall be appointed from among those who are at least 45 years of age, and have been in any of the following offices for not less than 20 years: <Amended by Act No. 10861, Jul. 18, 2011>
1. Judge, public prosecutor or lawyer;
2. Person who is admitted to the bar, and has been engaged in legal affairs at a government agency, local government, public organization under Article 4 of the Act on the Management of Public Institutions or other corporations;
3. Person who is qualified as a lawyer, and has been in the office higher than the assistant professor in jurisprudence at an authorized college or university.
(2) Judges shall be appointed from among those persons who have served in the offices falling under any subparagraph of paragraph (1) for at least 10 years. <Amended by Act No. 10861, Jul. 18, 2011>
(3) For a person who has been in two or more offices as provided for in the subparagraphs of paragraph (1), the years of such service shall be added together.
[This Article Wholly Amended by Act No. 4765, Jul. 27, 1994]
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 Article 42-2 Deleted. <by Act No. 8411, May 1, 2007>   print
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 Article 42-3 (Restriction on Competence)   print
(1) No judge whose tenure of office is less than five years summing up the tenure of each subparagraph of Article 42 (1) may independently pass judgement on any case requiring oral proceedings for judgement. <Amended by Act No. 8411, May 1, 2007>
(2) No judge as provided in paragraph (1) may be a presiding judge of a collegiate court.
(3) Deleted. <by Act No. 8411, May 1, 2007>
[This Article Newly Inserted by Act No. 4765, Jul. 27, 1994]
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 Article 42-4 Deleted. <by Act No. 6084, Dec. 31, 1999>   print
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 Article 43 (Causes of Disqualification)   print
No person falling under any of the following subparagraphs shall be appointed as a judicial officer:
1. A person who is disqualified as a public official under other Acts and subordinate statutes;
2. A person who has been sentenced to a penalty higher than imprisonment without prison labor; and
3. A person who is removed from his office by impeachment unless five years have elapsed since the removal.
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 Article 44 (Assignment to Position)   print
(1) Appointment of judges shall be executed by the Chief Justice of the Supreme Court. <Amended by Act No. 8411, May 1, 2007>
(2) The president of the Judicial Research and Training Institute, high court and patent court, the Deputy Director of the Court Administration Office, the president of the district court, family court and administrative court, and the chief judge of the high court and the patent court shall be appointed from among those who have been in the office as provided for in subparagraphs of Article 42 (1) for at least 15 years. <Amended by Act No. 10861, Jul. 18, 2011>
(3) Deleted. <by Act No. 8411, May 1, 2007>
[This Article Wholly Amended by the Act No. 4765, Jul. 27, 1994]
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 Article 44-2 (Rating of Service Record, etc.)   print
(1) The Chief Justice of the Supreme Court shall prepare an equitable standard of rating in order to evaluate judges’ service record and qualification.
(2) The standard of rating under paragraph (1) shall include, as elements of the evaluation, percentage of cases handled and processed, period of handling cases, percentage of cases appealed, percentage of cases reversed with reasons of the reversal and other evaluation elements for the purpose of evaluating judges’ service record; and sincerity, integrity and kindness, etc. for the purpose of evaluating judges’ qualification.
(3) The Chief Justice of the Supreme Court shall evaluate judges in accordance with the standard of rating under paragraph (1) and shall reflect the results thereof in administering the personnel affairs such as serving consecutive terms, assignment and transference of positions, etc.
(4) Other matters necessary for rating of judges’ service record and qualification shall be determined by the Supreme Court Regulations.
[This Article Wholly Amended by Act No. 10861, Jul. 18, 2011]
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 Article 45 (Term of Office, Reappointment and Age Limit)   print
(1) The Chief Justice of the Supreme Court shall be appointed for a six-year term of office, and may not be reappointed.
(2) The Justices of the Supreme Court shall be appointed for a six-year term of office, and the term may be renewed.
(3) The judges shall be appointed for a ten-year term of office, and the term may be renewed.
(4) The age limit of the Chief Justice and the Justice of the Supreme Court shall be 70 years of age, respectively; and the judges, 65 years of age. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 10861, Jul. 18, 2011>
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 Article 45-2 (Reappointment of Judges)   print
(1) Judges whose term has been expired may be reappointed, after deliberation thereof by the Personnel Committee, by an official order of reappointment of the Chief Justice of the Supreme Court with the consent of the Supreme Court Justices' Council. <Amended by Act No. 10861, Jul. 18, 2011>
(2) The Chief Justice of the Supreme Court shall not issue an official order of reappointment to the judges who are deemed to fall under any of the following:
1. Where it is impossible to perform the normal duties as a judge due to the physical or mental handicaps;
2. Where it is impossible to perform the normal duties as a judge due to a remarkable inferiority of service records;
3. Where it is remarkably difficult to keep the dignity of a judge.
(3) Matters necessary for the procedures for judges’ reappointment shall be provided by the Supreme Court Regulations.
[This Article Newly Inserted by Act No. 7402, Mar. 24, 2005]
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 Article 46 (Guarantee of Judicial Officer's Status)   print
(1) No judicial officer shall be dismissed, unless there is a decision of impeachment or punishment higher than imprisonment without prison labor, nor shall he be subject to a suspension from office, reduction of salary or other disadvantageous disposition without being submitted to disciplinary action. <Amended by Act No. 5642, Jan. 21, 1999>
(2) Remuneration of judicial officers shall be determined separately by Acts commensurate with the duties and dignity. <Amended by Act No. 4765, Jul. 27, 1994>
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 Article 47 (Retirement due to Mental and Physical Impediment)   print
When any judicial officer is unable to perform his/her duties due to a grave mental or physical impediment, the President may order him/her to resign from office upon the recommendation by the Chief Justice of the Supreme Court, in cases of a Justice of the Supreme Court, while the Chief Justice of the Supreme Court may order so, after deliberation thereof by the Personnel Committee, in cases of judges. <Amended by Act No. 10861, Jul. 18, 2011>
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 Article 48 (Discipline)   print
(1) The Judge Disciplinary Committee shall be established in the Supreme Court.
(2) Matters concerning the discipline of judicial officers shall be determined separately by Acts. <Amended by Act No. 4765, Jul. 27, 1994>
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 Article 49 (Prohibited Matters)   print
No judicial officer shall conduct the following acts during his term of office:
1. To be a member of the National Assembly or a local council;
2. To be a public official in any administrative agency;
3. To participate in a political movement;
4. To be engaged in a paid job without the permission of the Chief Justice of the Supreme Court;
5. To be engaged in a job for the purpose of any pecuniary profit;
6. To assume the post, regardless of its reward, as an advisor, officer or employee of a corporation, organization, etc., other than government agencies, without the permission of the Chief Justice of the Supreme Court; and
7. To perform other matters as prescribed by the Supreme Court Regulations.
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 Article 50 (Dispatched Service)   print
When the Chief Justice of the Supreme Court is requested to dispatch a judicial officer by another government agency, if he deems it proper to dispatch a judicial officer by the nature of the affairs, and the judicial officer concerned agrees to it, he may permit it by specifying a period. <Amended by Act No. 4765, Jul. 27, 1994>
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 Article 51 (Temporary Retirement from Office)   print
(1) When a judicial officer is conscripted or drafted for the military service as prescribed by the Military Service Act, or he petitions for a temporary retirement from office for the purpose of any research and training in law in a judicial research institute, college, etc., at home or abroad, or for medical treatment of a disease, if the petition is deemed well grounded, the Chief Justice of the Supreme Court may permit it by specifying a certain period not exceeding two years (in case of conscription or draft as prescribed by the Military Service Act, until the term of service expires).
(2) In the case as provided in paragraph (1), matters concerning the payment of remuneration during the period of temporary retirement shall be as prescribed by the Supreme Court Regulations.
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 Article 52 (Concurrent Office, etc.)   print
(1) The Chief Justice of the Supreme Court may assign a judicial officer to a position (including the judicial researcher) other than that of judging cases, or have him hold such position concurrently. <Amended by Act No. 4765, Jul. 27, 1994>
(2) Any judicial officer as provided in paragraph (1) shall not participate in the judgment of a case, and be included in the number of judges as provided in Article 5 (3).
(3) The number of judges as provided in paragraph (1) shall be as prescribed by the Supreme Court Regulations, and such judges shall receive the highest amount of remuneration.
PART V PERSONNEL OF COURTS
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 Article 53 (Personnel of Courts)   print
Court public officials, other than judicial officers shall be appointed by the Chief Justice of the Supreme Court, and the number of court public officials shall be as prescribed by the Supreme Court Regulations.
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 Article 53-2 (Judicial Researchers)   print
(1) A court may appoint its judicial researchers.
(2) A judicial researcher shall carry out research/study and other necessary affairs on hearing and trial of cases, pursuant to the order of the president of the court to which he/she belongs.
(3) A judicial researcher shall be appointed by the Chief Justice of the Supreme Court from among those persons admitted to the bar.
(4) A judicial researcher shall be appointed from the public officials with term of office under Article 26-5 of the State Public Officials Act. <Amended by Act No. 11530, Dec. 11, 2012>
(5) A judicial researcher shall be employed for a definite period up to three years.
(6) The maximum number of judicial researchers and their organization of office and other necessary matters thereof shall be determined by the Supreme Court Regulations.
[This Article Newly Inserted by Act No. 10861, Jul. 18, 2011]
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 Article 54 (Judicial Assistant Officers)   print
(1) The judicial assistant officers may be assigned to the Supreme Court and each court.
(2) The judicial assistant officers may carry out the duties provided by the Supreme Court Regulations from among the following duties:
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 said Act is applied mutatis mutandis);
2. Duties of the court in the procedures for order to render executory notices, those for registration on the roster 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 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); and
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.
(3) The judicial assistant officers shall perform their duties under the supervision of judicial officers, and any objections to the dispositions of judicial assistant officers may be raised against the judicial officers under the provisions of the Supreme Court Regulations.
(4) The judicial assistant officers 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 as prescribed by the Supreme Court Regulations.
[This Article Wholly Amended by Act No. 7402, Mar. 24, 2005]
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 Article 54-2 (Technical Examiner)   print
(1) The technical examiners shall be assigned to the patent court.
(2) If it is deemed necessary, the court may decide to allow the technical examiner to participate in any examination of a lawsuit as provided for in Article 186 (1) of the Patent Act, Article 33 of the Utility Model Act, and Article 75 of the Design Protection Act. <Amended by Act No. 5577, Sep. 23, 1998; Act No. 7289, Dec. 31, 2004; Act No. 7872, Mar. 3, 2006; Act No. 11848, May 28, 2013>
(3) Any technical examiner who participates in the examination of a lawsuit under paragraph (2), may ask any question to the litigants on any technical matters with the permission of the presiding judge, and state his opinion at a collegiate judgment.
(4) The Chief Justice of the Supreme Court may request the related government agency such as the Korean Intellectual Property Office, etc. to dispatch public officials under its control so as to serve as the technical examiners. <Amended by Act No. 7402, Mar. 24, 2005>
(5) The qualification, organization and number of the technical examiners, and other necessary matters shall be prescribed by the Supreme Court Regulations.
[This Article Newly Inserted by Act No. 4765, Jul. 27, 1994]
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 Article 54-2 (Technical Examiner)   print
(1) The technical examiners shall be assigned to the patent court.
(2) If it is deemed necessary, the court may decide to allow the technical examiner to participate in any examination of a lawsuit as provided for in Article 186 (1) of the Patent Act, Article 33 of the Utility Model Act, and Article 166 of the Design Protection Act. <Amended by Act No. 5577, Sep. 23, 1998; Act No. 7289, Dec. 31, 2004; Act No. 7872, Mar. 3, 2006>
(3) Any technical examiner who participates in the examination of a lawsuit under paragraph (2), may ask any question to the litigants on any technical matters with the permission of the presiding judge, and state his opinion at a collegiate judgment.
(4) The Chief Justice of the Supreme Court may request the related government agency such as the Korean Intellectual Property Office, etc. to dispatch public officials under its control so as to serve as the technical examiners. <Amended by Act No. 7402, Mar. 24, 2005>
(5) The qualification, organization and number of the technical examiners, and other necessary matters shall be prescribed by the Supreme Court Regulations.
[This Article Newly Inserted by Act No. 4765, Jul. 27, 1994]
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 Article 54-3 (Investigation Officers)   print
(1) Investigation officers may be placed in the Supreme Court and each court.
(2) Investigation officers shall assume the collection and investigation of data necessary for the judgement on the cases provided by other Acts or the Supreme Court Regulations under the order of judicial officers, and other necessary duties.
(3) The Chief Justice of the Supreme Court may request the other government agencies to have the public officials under their control make the dispatched services to the court, in order to have them serve as the investigation officers.
(4) The qualification, organization and number of the investigation officers, and other necessary matters shall be prescribed by the Supreme Court Regulations.
[This Article Newly Inserted by Act No. 7402, Mar. 24, 2005]
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 Article 55 (Execution Officers)   print
(1) Execution officers shall be assigned to the district court and its branch court, and appointed and dismissed by the president of the district court to which they belong, under the provisions of other Acts. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 5002, Dec. 6, 1995>
(2) Execution officers shall perform the execution of judgment, the service of documents and other affairs under the provisions of Acts and subordinate statutes. <Amended by Act No. 5002, Dec. 6, 1995>
(3) In order to guarantee a faithful performance of duties, execution officers shall pay a guarantee money to the district court to which they belong. <Amended by Act No. 5002, Dec. 6, 1995>
(4) Matters concerning the guarantee money as provided in paragraph (3) and the fees payable to the execution officers shall be prescribed by the Supreme Court Regulations. <Amended by Act No. 5002, Dec. 6, 1995>
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 Article 55-2 (Court Security Management Unit)   print
(1) The court security management unit is established in the Supreme Court and each level court for maintaining the dignity and order of courts and the guard of court building, and the matters for its establishment, organization and partial charge affairs shall be provided by the Supreme Court Regulations. <Amended by Act No. 12188, Jan. 7, 2014>
(2) When the persons located within court building correspnd to anyone of the following subparagraphs, the members of court security management unit may exercise a physically-tangible power for restraining them, or use the security equipments such as the security bar and gas sprayer, etc. In this case, the exercise of tangible power, etc. shall cease to the required smallest limit: <Amended by Act No. 12188, Jan. 7, 2014>
1. When to inflict or intending to inflict harms to life, body, asset, etc. of other persons;
2. When committing the acts to harm the dignity and order of courts, or intending to commit them;
3. When obstructing the lawful duties of judges or staff members of courts, or intending to obstruct;
4. Other acts to derange orders within the court building, or intending to do so.
(3) The members of court security management unit may search the persons to enter or leave the court building in order to confirm whether or not carrying the weapon and other dangerous articles or those obstructing the maintenance of order within the court building. <Amended by Act No. 12188, Jan. 7, 2014>
(4) In making the dispositions under the provisions of paragraph (2), the warning shall be made in advance to the relevant actors: Provided, That the same shall not apply when there exists no sufficient time for making the warning due to urgent situations.
[Title Amended by Act No. 12188, Jan. 7, 2014]
PART VI TRIAL
CHAPTER I COURT SESSIONS
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 Article 56 (Place of Session)   print
(1) Public trials shall be held at courts.
(2) The president of a court may, if necessary, hold a session of court at a place outside the court.
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 Article 57 (Opening of Trials to Public)   print
(1) Hearing and judgment of a trial shall be open to the public: Provided, That if it might endanger the national security, public peace and order or good public moral, it may be decided that the trial be closed to the public.
(2) The decision as provided in paragraph (1) shall be announced with the reasons stated.
(3) Even the case where the presiding judge has made a decision as provided in paragraph (1), if it is deemed proper, he may permit any person to stay in the court.
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 Article 58 (Maintenance of Order in Court)   print
(1) Order in the court shall be maintained by the presiding judge.
(2) The presiding judge may prohibit any person who might endanger the dignity and order of the court from entering the court, or order him to leave the court and issue an order necessary for maintaining the order in the court.
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 Article 59 (Prohibition of Videotape Recording, etc.)   print
No person shall record on a videotape, take a photograph, relay broadcasting, etc. in the court without the permission of the presiding judge.
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 Article 60 (Request for Dispatch of National Police Officers)   print
(1) When it is deemed necessary for keeping order in the court, the presiding judge may request the chief of the competent police to dispatch national police officers, before or after the opening of a court. <Amended by Act No. 7849, Feb. 21, 2006>
(2) National police officers dispatched upon a request under paragraph (1) shall be subject to the direction of the presiding judge with respect to the maintenance of order in and out of the court. <Amended by Act No. 7849, Feb. 21, 2006>
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 Article 61 (Detention in Custody, etc.)   print
(1) If a person commits, inside or outside of the court, an act violating an order issued under Article 58 (2) and the provisions of Article 59, or obstructs the trial of the court, by using harsh language or causing disturbance, etc. or damages considerably the prestige of judgment, the court may, by its decision, punish him by detention in custody for not more than twenty days or a fine for negligence not exceeding one million won, or both.
(2) In order to carry out the detention in custody under paragraph (1), the court may have the court personnel, prison officers or national police officers detain the offender immediately, and shall hold a trial to sentence him to the detention in custody within twenty-four hours from the time of detention, and otherwise shall order them to release him immediately. <Amended by Act No. 7849, Feb. 21, 2006>
(3) The detention in custody shall be executed by detaining the offender at a detention room of a police station, correctional institution or house of detention.
(4) The detention in custody shall be executed in preference to a confinement and punishment due to other cases against the detainee, and the execution of a confinement and punishment due to other cases against the detainee shall be suspended during the execution of detention in custody while the procedure of the original case to which the detainee is a party shall be suspended: Provided, That if there is a valid reason, the court may order continuation of the legal proceedings.
(5) The judgment as provided in paragraph (1) may be subject to any appeal or special appeal. <Amended by Act No. 4765, Jul. 27, 1994>
(6) The procedure for a judgment as provided in paragraph (1) and other necessary matters shall be prescribed by the Supreme Court Regulations.
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 Article 62 (Language in Court)   print
(1) In the court, the Korean language shall be used.
(2) When any person interested in the litigation does not understand the Korean language, an interpreter shall be employed.
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 Article 63 (Mutatis Mutandis Application)   print
The provisions of Articles 57 through 62 shall apply mutatis mutandis to a case where a judicial officer performs his duties at a place other than the court.
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 Article 64 (Court Guard)   print
(1) Court guards shall be assigned to the Supreme Court and the court of each instance. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 7725, Dec. 14, 2005>
(2) Court guards shall carry out duties ordered by a judicial officer in the court, and other duties as prescribed by the Chief Justice of the Supreme Court. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 7725, Dec. 14, 2005>
(3) If it is deemed that there are difficult circumstances in which to use execution officers, the court may have court guards serve documents of litigation. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 5002, Dec. 6, 1995; Act No. 7725, Dec. 14, 2005>
CHAPTER II CONFERENCE
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 Article 65 (Non-Opening of Conference to Public)   print
No conference of a collegiate court shall be open to the public.
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 Article 66 (Method of Conference)   print
(1) Except as otherwise provided by the Constitution and Acts, any collegiate judgment shall be made by a majority.
(2) If the opinions in a conference are separated into three or more parts, and each part does not reach the majority, the following opinion shall prevail:
1. With regard to any amount, the opinion of the smallest amount, obtained by adding in sequence the number of the opinion of the smaller amount to that of the largest amount until it reaches the majority; and
2. In a criminal case, the most favorable opinion for the defendant obtained by adding in sequence the number of the favorable opinions to that of the most unfavorable opinion, until it reaches the majority.
(3) When two opinions are divided with respect to matters to be decided by the majority as provided in Article 7 (1), and each opinion does not reach the majority, the original judgment may not be altered.
PART VII ORGANS OF SUPREME COURT
CHAPTER I COURT ADMINISTRATION OFFICE
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 Article 67 (Director of Court Administration Office)   print
(1) The Director and the Deputy Director shall be appointed for the Court Administration Office.
(2) The Director shall, under the direction of the Chief Justice of the Supreme Court, be in charge of affairs of the Court Administration Office, and direct and control his subordinate officials, and supervise judicial administrative affairs and personnel of the courts.
(3) The Deputy Director shall assist the Director, manage the affairs of the Court Administration Office, and act on behalf of the Director if he becomes vacant or is unable to perform his duties by accident.
(4) The Director may delegate part of the affairs under his competence to the Deputy Director, chief of office or chief of bureau under the provisions of the Supreme Court Regulations or as prescribed by the Chief Justice of the Supreme Court.
(5) The secretaries to the Director and the Deputy Director of the Court Administration Office shall be assigned to the Court Administration Office. <Amended by Act No. 4765, Jul. 27, 1994>
(6) The secretary to the Director of the Court Administration Office shall be appointed from among the court officials of Grade IV or public officials equivalent to Grade IV in special service, and the secretary to the Deputy Director of the Court Administration Office, from among the court officials of Grade V, or public officials equivalent to Grade V in special service. <Amended by Act No. 4765, Jul. 27, 1994>
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 Article 68 (Appointment)   print
(1) The Director of the Court Administration Office shall be appointed by the Chief Justice of the Supreme Court from among the Justices. <Amended by Act No. 8794, Dec. 27, 2007>
(2) The Deputy Director of the Court Administration Office shall be appointed by the Chief Justice of the Supreme Court from among the judges.
[This Article Wholly Amended by Act No. 7725, Dec. 14, 2005]
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 Article 69 (Right to Attend National Assembly)   print
The Director and the Deputy Director of the Court Administration Office may attend the National Assembly or the State Council, and speak on the judicial administration.
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 Article 70 (Defendant of Administrative Litigation)   print
The defendant of an administrative litigation against a disposition made by the Chief Justice of the Supreme Court shall be the Director of the Court Administration Office.
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 Article 71 (Organization)   print
(1) In the Court Administration Office the offices, bureaus and sections shall be established, and the establishment and division of duties shall be prescribed by the Supreme Court Regulations.
(2) The chief of office shall be appointed in each office; the chief of bureau, in each bureau; and the chief of section, in each section, respectively.
(3) In order to assist planning of policies, drafting of plans, affairs concerning research, investigation, examination, evaluation, public information, etc., examiners or responsible officers may be assigned under the control of the Director, the Deputy Director, office chiefs or bureau chiefs of the Court Administration office, and their official titles and division of duties shall be prescribed by the Supreme Court Regulations. <Amended by Act No. 4945, Mar. 30, 1995>
(4) The chief of the office shall be appointed from among judges or court administrators; the chief of the bureau, from among judges, court officials of Grade II, public officials of Grade II in equipment or industrial service; the examiners and responsible officers, from among judges, court officials of Grade II, III or IV, public officials of Grade II, II or IV in equipment or industrial service; and the chief of the section, from among the court officials of Grade III or IV, public officials of Grade III or IV in equipment or industrial service. <Amended by Act No. 4765, Jul. 27, 1994; Act No. 4945, Mar. 30, 1995>
(5) The chiefs of offices, bureaus and sections shall be in charge of affairs of the offices, bureaus or sections under the order of their superior officers, and direct and supervise personnel under their control.
CHAPTER II JUDICIAL RESEARCH AND TRAINING INSTITUTE
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 Article 72 (Judicial Trainees)   print
(1) Judicial trainees shall be appointed by the Chief Justice of the Supreme Court from among those who have passed the Judicial Examination, and treated as public officials in special service. <Amended by Act No. 5181, Dec. 12, 1996>
(2) The training period of judicial trainees shall be two years: Provided, That if it is necessary, the training period may be changed as prescribed by the Supreme Court Regulations.
(3) If a judicial trainee falls under any of the following subparagraphs, he may be dismissed from his office:
1. Where he falls under any of subparagraphs of Article 33 of the State Public Officials Act;
2. Where he has committed an act to impair the dignity;
3. Where his attitude of training is so unfaithful that the result of training is not good; and
4. Where it is impossible for him to receive any further training due to a disease.
(4) The court may nominate ex officio a judicial trainee as a counsel.
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 Article 72-2 (Purposes of Legal Training of Judicial Trainees)   print
Legal training of judicial trainees are designed to educate the judges, public prosecutors, and lawyers who may contribute to the establishment of the principle of rules of law, and to the development of democracy by means of providing the trainees with knowledge of law and practice suitable to the profession of practicing law and cultivating the awareness of high morality in the profession and the attitude of responsibility of service to the people.
[This Article Newly Inserted by Act No. 5181, Dec. 12, 1996]
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 Article 73 (Organization)   print
(1) A Director, a Deputy Director, professors and instructors shall be appointed in the Judicial Research and Training Institute.
(2) The Director shall be in charge of affairs of the Judicial Research and Training Institute under the direction of the Chief Justice of the Supreme Court, and direct and supervise personnel under his control.
(3) The Deputy Director shall assist the Director, administer the affairs of the Judicial Research and Training Institute, and if the Director becomes vacant, or is unable to carry out his duties by accident, the Deputy Director shall act on behalf of him.
(4) The secretaries to the Director and the Deputy Director of the Judicial Research and Training Institute shall be assigned to the Judicial Research and Training Institute. <Amended by Act No. 4765, Jul. 27, 1994>
(5) The secretary officers to the Director and the Deputy Director of the Judicial Research and Training Institute shall be appointed from among the court officials of Grade V or public officials equivalent to Grade V in special service. <Amended by Act No. 4765, Jul. 27, 1994>
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 Article 74 (Director of Judicial Research and Training Institute)   print
(1) The Chief Justice of the Supreme Court shall appoint the Director of the Judicial Training Institution from among judges, and the Deputy-Director from among public prosecutors. <Amended by Act No. 5181, Dec. 12, 1996>
(2) The Chief Justice of the Supreme Court shall, ex officio or upon the recommendation of the Director of the Judicial Research and Training Institute, assign or appoint to the teaching faculty those persons falling under one of the following subparagraphs: <Newly Inserted by Act No. 5181, Dec. 12, 1996>
1. A judge of the courts;
2. A public prosecutor of the Ministry of Justice;
3. A person who is qualified as a lawyer;
4. A graduate with a bachelor's degree or postgraduate with a master's degree who is recognized as having the performance or experience which meet the requirements prescribed by the Supreme Court Regulations; and
5. A person with a doctor's degree.
(3) Instructors shall be commissioned by the Director of the Judicial Research and Training Institute from among those who have extensive knowledge and experience in the judicial field. <Amended by Act No. 5181, Dec. 12, 1996>
(4) Judges and public prosecutors who are in full-time service in the Judicial Research and Training Institute shall not be counted in the number of judges as prescribed in Article 5 (3) or the number of public prosecutors as provided by the Prosecutors Quota Act.
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 Article 74-2 (Status of Teaching Faculty)   print
(1) The teaching faculty of the Judicial Research and Training Institute who do not hold offices of judges or public prosecutors (hereinafter referred to as the "full-time teaching faculty") shall be public officials in special service.
(2) The term of the full-time teaching faculty shall be ten years and shall be renewable: Provided, That the teaching faculty recently appointed may serve only one more term of a specified period not exceeding three years pursuant to the Supreme Court Regulations.
(3) The retirement age for the full-time teaching faculty shall correspond to that for judges. With regard to sanctions or penalties, the Discipline of Judges Act shall apply mutatis mutandis. In these circumstances, references to "judges" in the Act mentioned above shall be construed to include "the full-time teaching faculty".
(4) With regard to job titles of the teaching faculty, and their appointment, necessary matters shall be as prescribed by the Presidential Decree.
[This Article Newly Inserted by the Act No. 5181, Dec. 12, 1996]
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 Article 74-3 (Visiting Professors)   print
(1) Any person who is qualified as a lawyer (including those who are qualified as foreign lawyers), or who is recognized as having specialized knowledge and experiences necessary for a particular subject, may be appointed as a visiting professor.
(2) With regard to the appointment procedures of visiting professors, their terms and conditions of appointment, and services pursuant to paragraph (1), necessary matters shall be as prescribed by the Supreme Court Regulations.
[This Article Newly Inserted by Act No. 5181, Dec. 12, 1996]
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 Article 74-4 (Dispatch of Some Staff Responsible for Teaching)   print
(1) The Director of the Court Administration Office may request that government agencies, public institutions, educational establishments, research institutes, or other relevant bodies dispatch their staff who appear to be appropriate for teaching.
(2) For those who are dispatched to the Judicial Research and Training Institute as provided in paragraph (1), allowances may be paid pursuant to the Supreme Court Regulations.
[This Article Newly Inserted by the Act No. 5181, Dec. 12, 1996]
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 Article 74-5 (Administrative Council of Judicial Research and Training Institute)   print
(1) There shall be an administrative council at the Judicial Research and Training Institute for the deliberation of the purposes of legal training, curriculum, or other matters as prescribed by the Supreme Court Regulations as important for the administration and education at the Judicial Research and Training Institute.
(2) The administrative council shall consist of members of not less than ten and not more than fifteen, whose terms shall be two years and shall be renewable.
(3) With regard to the organization and operation of the administrative council, necessary matters shall be as prescribed by the Supreme Court Regulations.
[This Article Newly Inserted by Act No. 5181, Dec. 12, 1996]
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 Article 75 (Secretariat)   print
(1) A secretariat shall be established in the Judicial Research and Training Institute and sections shall be established in the Secretariat. The establishment of sections and division of duties to be carried out by the sections shall be as prescribed by the Supreme Court Regulations.
(2) The chief of bureau or section shall be established in each bureau or section.
(3) The chief of bureau shall be appointed from among court officials in Grade II or III, and the chief of section, from among court officials in Grade III, IV or V. <Amended by Act No. 5181, Dec. 12, 1996>
(4) The chiefs of bureaus and sections shall be in charge of affairs of bureaus and sections under the order of their superior officers, and direct and supervise personnel under their control.
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 Article 76 (Delegated Matters)   print
While necessary matters shall be as prescribed by the Supreme Court Regulations with regard to the appointment of trainees of the Judicial Research and Training Institute, traineeships and remuneration of the trainees, other matters necessary for the operation of the Judicial Research and Training Institute, the autonomy in the way trainees are educated at the Judicial Research and Training Institute, and the neutrality of the way the Institute is operated shall be secured as much as possible.
[This Article Wholly Amended by Act No. 5181, Dec. 12, 1996]
CHAPTER III JUDICIAL POLICY RESEARCH INSTITUTE
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 Article 76-2 (Organization)   print
(1) The Judicial Policy Research Institute shall be comprised of one president, one chief research fellow, research fellows and researchers.
(2) The president shall, after taking orders from the Chief Justice of the Supreme Court, supervise affairs of the Judicial Policy Research Institute and guide and supervise employees of the institute.
(3) The chief research fellow shall assist the president and carry out the affairs of the Judicial Policy Research Institute, and where the president is unable to perform his/her duties due to any accidents or the occurrence of his/her vacancy, the chief research fellow shall act on behalf of the president.
(4) There shall be an office of the secretarial official to the president within the Judicial Policy Research Institute.
(5) The secretarial official to the president of the Judicial Policy Research Institute shall be appointed from among the court officials of Grade V or the officials in the extraordinary civil service equivalent to public officials of Grade V.
[This Article Newly Inserted by Act No. 12041, Aug. 13, 2013]
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 Article 76-3 (President, etc. of the Judicial Policy Research Institute)   print
(1) The president of the Judicial Policy Research Institute and the chief research fellow shall be appointed by the Chief Justice of the Supreme Court from among judges or public officials in political service, with the consent of the Supreme Court Justices' Council.
(2) Research fellows and researchers (hereinafter referred to as “research fellow, etc.”) shall be appointed by the Chief Justice of the Supreme Court or by the Chief Justice of the Supreme Court upon recommendation of the president of the Judicial Policy Research Institute, from among the following persons:
1. Judges;
2. A person qualified as an attorney-at-law (including those who are qualified as an attorney-at-law under a foreign country);
3. A person who has acquired a bachelor’s or master’s degree and possesses the record of performance or experience as prescribed by the Supreme Court Regulations;
4. A person who has acquired a doctoral degree.
[This Article Newly Inserted by Act No. 12041, Aug. 13, 2013]
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 Article 76-4 (Position, etc. of Research Fellows, etc. Who Are Not Judges)   print
(1) A research fellow, etc. who is not a judge (hereinafter referred to as “research fellow, etc. who is not a judge”) shall be deemed the public official with term of office under Article 26-5 of the State Public Officials Act.
(2) Procedures and conditions of appointment of the research fellow, etc. who is not a judge and other matters necessary for his/her work duties shall be prescribed by the Supreme Court Regulations.
[This Article Newly Inserted by Act No. 12041, Aug. 13, 2013]
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 Article 76-5 (Invited Researchers)   print
(1) A person falling under any of subparagraphs 2 through 4 of Article 76-3.
(2) or a person deemed to have professional knowledge and experience in a special area may be appointed to an invited researcher.
(2) Procedures and conditions of appointment of invited researchers pursuant to paragraph (1) and other matters necessary for his/her work duties shall be prescribed by the Supreme Court Regulations.
[This Article Newly Inserted by Act No. 12041, Aug. 13, 2013]
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 Article 76-6 (Steering Committee of the Judicial Policy Research Institute)   print
(1) In order to review the important matters concerning operation and research of the Judicial Policy Research Institute, a steering committee shall be established in the Judicial Policy Research Institute.
(2) The steering committee shall be comprised of nine committee members to be appointed by the Chief Justice of the Supreme Court, and their term of office shall be two years and may be reappointed: Provided, That the majority of the members shall be appointed from among the persons who are not judges.
(3) Matters necessary for the organization and operation of the steering committee shall be prescribed by the Supreme Court Regulations.
[This Article Newly Inserted by Act No. 12041, Aug. 13, 2013]
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 Article 76-7 (Publication of Reports and Reporting to National Assembly)   print
Every year, the Judicial Policy Research Institute shall publish an annual report containing next year’s plan for pursuing research and the performance of research of the concerned year, and report it to the National Assembly.
[This Article Newly Inserted by Act No. 12041, Aug. 13, 2013]
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 Article 76-8 (Mutatis Mutandis Application)   print
With respect to the Judicial Policy Research Institute, the provisions of Articles 74-4 and 75 shall apply mutatis mutandis. In such cases, “professor” shall be construed as “research fellow, etc.”
[This Article Newly Inserted by Act No. 12041, Aug. 13, 2013]
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 Article 76-9 (Matters of Entrustment)   print
Matters necessary for operation, etc. of the Judicial Policy Research Institute shall be determined by the Supreme Court Regulations.
[This Article Newly Inserted by Act No. 12041, Aug. 13, 2013]
CHAPTER IV COURT OFFICIALS TRAINING INSTITUTE
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 Article 77 (Organization)   print
(1) The Court Officials Training Institute shall have a Director, professors and instructors.
(2) The Director shall be in charge of affairs of the Court Officials Training Institute under the direction of the Chief Justice of the Supreme Court, and direct and supervise personnel under his control.
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 Article 78 (Director, etc.)   print
(1) The Director of the Court Officials Training Institute shall be appointed as a judge or as a public official in political service. <Amended by Act No. 6084, Dec. 31, 1999; Act No. 7402, Mar. 24, 2005>
(2) In case where the person who is not a judicial officer has become the Director of the Court Officials Training Institute, his remunerations shall be the same as the remunerations of the Vice Minister. <Newly Inserted by Act No. 7402, Mar. 24, 2005>
(3) Professors shall be appointed as court officials in Grade III or IV, or as public officials in special service equivalent to Grade III or IV.
(4) Instructors shall be commissioned by the Director of the Court Officials Training Institute from among those who have extensive knowledge and experience.
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 Article 79 (Mutatis Mutandis Applications)   print
The provisions of Article 75 shall apply mutatis mutandis to the Court Officials Training Institute.
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 Article 80 (Delegated Matters)   print
Matters necessary for the operation, etc. of the Court Officials Training Institute shall be as prescribed by the Supreme Court Regulations.
CHAPTER V SUPREME COURT LIBRARY
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 Article 81 (Organization)   print
(1) The Director shall be appointed for the Court Library.
(2) The Director shall be appointed as a judge or as a court official of Grade II or III.
(3) The Director shall be in charge of affairs of the Court Library under the direction of the Chief Justice of the Supreme Court, and direct and supervise personnel under his control.
(4) Matters necessary for the organization and operation of the Court Library shall be as prescribed by the Supreme Court Regulations.
PART VIII SENTENCING COMMITTEE
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 Article 81-2 (Establishment of Sentencing Committee)   print
(1) The Sentencing Committee (hereinafter referred to as the "Committee") shall be established in the Supreme Court in order to ensure the fair and objective sentencing in which the people can have their confidence taking into account the sound common sense of the people.
(2) The Committee may set and change the sentencing criteria and study and deliberate on the sentencing policy.
(3) The Committee shall independently perform the work that belongs to its authority.
[This Article Newly Inserted by Act No. 8270, Jan. 26, 2007]
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 Article 81-3 (Composition of Committee)   print
(1) The Committee shall be composed of 13 members including one chairman and one member who is not the chairman from among the members shall be a standing member.
(2) The chairman shall be appointed or commissioned by the Chief Justice from among persons who have held the positions falling under each of the following subparagraphs for not less than 15 years:
1. Judges, prosecutors and attorneys-at-law;
2. Persons who have been in charge of the clerical work of legal affairs while working for the State, local governments, national and public enterprises, government-invested institutions provided for in the provisions of Article 2 (1) of the Framework Act on the Management of Government-Invested Institutions and other corporations; and
3. Assistant professors or higher in their ranks who have taught law in accredited universities.
(3) The persons falling under each of the following subparagraphs shall be appointed or commissioned as the members of the Committee by the Chief Justice:
1. Four judges;
2. Two prosecutors who are recommended by the Minister of Justice;
3. Two attorneys-at-law who are recommended by the President of the Korea Bar Association;
4. Two professors of law; and
5. Two persons of profound learning and experience.
(4) The terms of office for the chairman and the members shall be two years and may be reappointed or recommissioned.
(5) When any member is deemed unable to perform his duty on the grounds of inevitability and when any member is deemed unfit to maintain his qualification as a member on the grounds of violating his duty, the Chief Justice may dismiss them or decommission and where any member who is appointed after having worked as a judge or a prosecutor resigns as the member, he shall be deemed dismissed.
[This Article Newly Inserted by Act No. 8270, Jan. 26, 2007]
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 Article 81-4 (Duties of Chairman)   print
(1) The chairman shall represent the Committee and exercise overall control of the work of the Committee.
(2) Where the chairman is unable to perform his duties on the grounds of inevitability, any standing member or any member who has been nominated beforehand by the chairman shall act on behalf of the chairman in performing the latter's duties.
[This Article Newly Inserted by Act No. 8270, Jan. 26, 2007]
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 Article 81-5 (Meetings of Committee)   print
(1) The chairman shall convene the Committee's meetings and preside over the meetings.
(2) The Committee shall resolve with the consent of a majority of its registered members.
[This Article Newly Inserted by Act No. 8270, Jan. 26, 2007]
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 Article 81-6 (Setting, etc. of Sentencing Criteria)   print
(1) The Committee shall set or change specific and objective sentencing criteria in order to help judges figure out rational sentencing.
(2) The Committee shall comply with the principles falling under each of the following subparagraphs when it sets or changes the sentencing criteria:
1. The quality of crimes, the circumstances of crimes, and the extent of the responsibilities of defendants shall be reflected;
2. The general prevention of crimes, the prevention of defendants from committing crimes again and their return to society shall be taken consideration;
3. As long as there is no difference between the same kind of crimes and the similar kind of crimes in the sentencing elements that have to be taken into account, they shall not be differently handled in the sentencing of them; and
4. The sentencing shall not be discriminated against defendants on the grounds of their nationalities, religions, consciences and social statuses, etc.
(3) The Committee shall take into account the matters falling under each of the following subparagraphs when it sets and changes the sentencing criteria:
1. The type and the statutory punishment of crimes;
2. Circumstances that may add or mitigate the seriousness of crimes;
3. The ages, characters and conducts, intelligences and environment of defendants;
4. The relations with victims;
5. The motives, means and results of crimes;
6. The circumstances after crimes;
7. The past records of crimes; and
8. Other matters that are necessary to come up with the rational sentencing.
(4) The Committee shall publish the sentencing criteria.
[This Article Newly Inserted by Act No. 8270, Jan. 26, 2007]
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 Article 81-7 (Effect, etc. of Sentencing Criteria)   print
(1) Judges shall respect the sentencing criteria when they choose the kinds of punishment and determine the periods of punishment: Provided, That the sentencing criteria shall not have the legal binding power.
(2) Where any court hands down a judgment in deviation of the sentencing criteria, the court shall enter the grounds of its judgment in its written judgment: Provided, That the same shall not apply to a case where the court hands down any judgment according to the summary proceeding or the proceeding of summary judgment.
[This Article Newly Inserted by Act No. 8270, Jan. 26, 2007]
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 Article 81-8 (Cooperation, etc. of Agencies Concerned)   print
(1) The Committee may, if it is deemed necessary, get public officials concerned or experts to be present to hear their opinions and ask state organs, research institutes and organizations, and experts, etc. to submit data and their opinions and their cooperation.
(2) The Committee may, it is deemed necessary to perform its work, ask the heads of state organs concerned, research institutes and organizations, etc. to second public officials and employees who belong to them.
[This Article Newly Inserted by Act No. 8270, Jan. 26, 2007]
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 Article 81-9 (Clerical Work Body)   print
The Committee shall have a clerical work body assigned to assist the performance of its work and provide working-level assistance.
[This Article Newly Inserted by Act No. 8270, Jan. 26, 2007]
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 Article 81-10 (Publication of Annual Report)   print
The Committee shall publish the annual report every year, in which its work record of the relevant year and the plan to perform its work next year are contained and report such annual record to the National Assembly.
[This Article Newly Inserted by Act No. 8270, Jan. 26, 2007]
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 Article 81-11 (Obligation, etc. to Keep Secrets from Being Leaked)   print
(1) The chairman of the Committee, the members of the Committee and the officers and employees of the clerical work body shall be prohibited from leaking secrets that they have learned while performing their duties. The same shall apply to a case where they resign from their posts.
(2) The chairman and the members who are not public officials shall be deemed the public officials in the application of the penal provisions provided for in the Criminal Act and other Acts.
[This Article Newly Inserted by Act No. 8270, Jan. 26, 2007]
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 Article 81-12 (Delegation Provisions)   print
(1) Necessary matters concerning the organization of the Committee other than the matters that are not prescribed by this Act shall be prescribed by the rules of the Supreme Court.
(2) Necessary matters concerning the operation of the Committee other than the matters that are prescribed by this Act shall be prescribed by the resolution of the Committee.
[This Article Newly Inserted by Act No. 8270, Jan. 26, 2007]
PART IX EXPENSES OF COURTS
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 Article 82 (Expenses of Courts)   print
(1) Expenses of courts shall be appropriated independently in the national budget.
(2) The autonomy and independence of the Judiciary shall be respected in formulating the budget of the courts. <Newly Inserted by Act No. 4765, Jul. 27, 1994>
(3) A reserve fund shall be made available for the expenses as provided in paragraph (1).
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on February 25, 1988.
Article 2 Omitted.
Article 3 (Relation with Other Acts and Subordinate Statutes)
In a case where the provisions of the previous the Court Organization Act are cited in Acts and subordinate statutes other than Acts to be amended under Article 2 of the Addenda at the time when this Act enters into force, if there are provisions corresponding to them in this Act, such corresponding provisions of this Act shall be considered to be cited in lieu of the previous provisions.
ADDENDA <Act No. 4017, Aug. 5, 1988>
Article 1 (Enforcement Date)
This Act shall enter into on September 1, 1988. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 4300, Dec. 31, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1991.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 4765, Jul. 27, 1994>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on March 1, 1995: Provided, That matters of the revised provisions of Articles 3, 7, 29 and 31, concerning the Si/Gun court, the revised provisions of Articles 33 and 34, and the provisions of Article 4 of the Addenda shall enter into force on September 1, 1995; matters of the revised provisions of Articles 20, 44 and 44-2 concerning the reserve judge and the revised provisions of Articles 42-2 and 42-3 shall enter into force on March 1, 1997; and matters of the revised provisions of Articles 3, 5 through 7, 9-2, 10, 14, 28 and 44, concerning the patent court and the president thereof, or the administrative court and the president thereof, and the revised provisions of Chapter II of Part III ( Articles 28-2 through 28-4), Chapter V of Part III ( Articles 40-2 through 40-4) and Article 54-2 shall enter into force on March 1, 1998.
(2) Deleted.
Article 2 (Transitional Measures concerning Administrative Cases)
Any case belonging to the competence of the administrative court in any area where no administrative court is established at the time when matters concerning the administrative court as provided for in the proviso of Article 1 (1) of the Addenda enter into force, shall be under the jurisdiction of the district court concerned and the branch court of the Chuncheon district court until the administrative court is established.
Article 3 (Transitional Measures concerning Si/Gun Court)
Any case pending in the circuit tribunal, at the time when matters concerning the Si/Gun court as provided for in the proviso of in Article 1 (1) of the Addenda enter into force, shall be considered to be pending in the Si/Gun court concerned under this Act.
Article 4 Omitted.
Article 5 (Relation with Other Acts)
(1) The circuit tribunals as prescribed by other Acts and subordinate statutes at the time when matters concerning the Si/Gun court provided for in the proviso of Article 1 (1) of the Addenda enter into force, shall be considered as the Si/Gun courts as prescribed by this Act.
(2) The investigators as prescribed by other Acts and subordinate statutes at the time when the revised provisions of Articles 42-4 and 54 as provided in Article 1 (2) of the Addenda enter into force, shall be considered as the judicial assistant officials as prescribed by this Act.
(3) The court clerks as prescribed by other Acts and subordinate statutes at the time when this Act enters into force, shall be considered as the court guards as prescribed by this Act.
Article 6 (Transitional Measures concerning Pending Cases)
Notwithstanding the revised provisions of Article 32 (1), any penal cases pending in the court at the time when this Act enters into force, shall be governed by the previous provisions.
ADDENDUM <Act No. 4945, Mar. 30, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5002, Dec. 6, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 5181, Dec. 12, 1996>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5577, Sep. 23, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 5642, Jan. 21, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) and (3) Omitted.
ADDENDA <Act No. 6084, Dec. 31, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. <Amended by Act No. 7402, Mar. 24, 2005>
(2) (Transitional Measures) With respect to the Director of Court Officers Training Institute in office at the time when this Act enters into force, the amended provisions of Article 78 (1) shall not apply.
ADDENDA <Act No. 6408, Jan. 29, 2001>
(1) (Enforcement Date) This Act shall enter into force on March 1, 2001: Provided, That the amendments to Articles 32 (2) 1 and 40 (2) 1 shall enter into force on March 1, 2003.
(2) (Transitional Measures on Jurisdiction) In the area in which no family court has been established at the time of enforcement of this Act, the collegiate panel of the relevant district branch court shall, in applying the amendments to Article 40 (2), be regarded as the collegiate panel of the family branch court until a family court is established.
(3) (Relations with Other Acts and Subordinate Statutes) In case where other Acts and subordinate statutes have cited a family court at the time of enforcement of this Act, it shall be considered to have cited it with the family branch court of the district court.
ADDENDA <Act No. 7289, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7402, Mar. 24, 2005>
(1) (Enforcement Date) This Act shall enter into force on July 1, 2005.
(2) (Transitional Measures on Disposition of Cases belonging to Scope of Assistant Juridical Officers' Duties) The cases under Article 54 (2) which have been accepted prior to the enforcement of this Act shall be disposed of by the judges, notwithstanding the amended provisions of Article 54.
(3) (Transitional Measures on Investigation Officers) The court investigation officers, the family investigation officers and the juvenile investigation officers at the time of the enforcement of this Act shall be deemed to be the investigation officers under this Act.
(4) (Transitional Measures on Jurisdiction) The administrative cases under the jurisdiction of branch court of the Chuncheon district court under the amended provisions of Article 2 of the Addenda to the amended Act of the Court Organization Act, Act No. 4765, which are pending to the Chuncheon district court as of June 30, 2005, shall be under the jurisdiction of the court whereto they are pending.
ADDENDUM <Act No. 7725, Dec. 14, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 7730, Dec. 23, 2005>
This Act shall enter into force on January 1, 2006.
ADDENDA <Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 41 Omitted.
ADDENDA <Act No. 7872, Mar. 3, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 2006. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8270, Jan. 26, 2007>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That preparations for establishing the Committee may be made prior to the date this Act enters into force.
(2) (Time for Setting First Sentencing Criteria) The Committee shall set the first sentencing criteria provided for in the amended provisions of Article 81-6 within two years after this Act enters into force, taking into account the people's concerns, the frequency in the occurrence of crimes, etc.
ADDENDA <Act No. 8411, May 1, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Reserve Judges)
(1) The previous provisions shall govern any reserve judge who is in service at the time this Act enters into force: Provided, That any reserve judge that has not been in service for two years after having being appointed as a reserve judge may be appointed as a judge.
(2) The period of service of any reserve judge appointed before this Act enters into force shall be counted in the tenure of office of the judge prescribed in this Act and other Acts and subordinate statutes.
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 8794, Dec. 27, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9940, Jan. 25, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10861, Jul. 18, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2012: Provided, That the amended provisions of Article 41-2 shall enter into force on September 1, 2011, and the amended provisions of Articles 42 (1) and (2), 44 (2) and 45 (4) on January 1, 2013.
Articles 2 (Transitional Measures on for Appointment of Judges)
Notwithstanding the amended provisions of Article 42 (2), in cases of appointing judges during the period from January 1, 2013, to December 31, 2017, they shall be appointed from among those who have been in the office falling under any subparagraph of Article 42 (1) for at least three years; in cases of appointing judges from January 1, 2018, to December 31, 2021, from among those who have been in the office falling under any subparagraph of Article 42 (1) for at least five years; and in cases of appointing judges from January 1, 2022, to December 31, 2025, from among those who have been in the office falling under any subparagraph of Article 42 (1) for at least seven years.
Articles 3 (Transitional Measures concerning Period of Employment of Judicial Researchers)
Notwithstanding the amended provisions of Article 53-2 (5), a judicial researcher to be employed before December 31, 2017, shall be employed for a definite period up to two years.
Articles 4 (Transitional Measures concerning Maximum Number of Judicial Researchers)
Notwithstanding the amended provisions of Article 53-2 (6), the maximum number of judicial researchers until the year 2022 shall be determined within 200 persons by the Supreme Court Regulations.
ADDENDA <Act No. 11530, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11554, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Pending Lawsuits)
Notwithstanding the amended provisions of Article 32 (1) 3, criminal lawsuits pending before the court as at the time this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 11848, May 28, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2014. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDUM <Act No. 12041, Aug. 13, 2013>
This Act shall enter into force on January 1, 2014.
ADDENDUM <Act No. 12188, Jan. 7, 2014>
This Act shall enter into force on the date of its promulgation.