Discipline Of Judges Act


Published: 2011-04-12

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.
law view
 Article 1 (Purpose)   print
The purpose of this Act shall be to prescribe matters concerning the discipline of judges.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 2 (Reasons for Discipline)   print
The grounds for discipline of judges shall be as follows:
1. Where a judge breaches an official duty or is negligent of such duty;
2. Where a judge defames his/her dignity or injures the prestige of the court.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 3 (Types of Disciplinary Measures)   print
(1) Disciplinary measures against a judge shall be of three types, suspension, salary reduction and reprimand.
(2) Suspension shall suspend the performance of duties for a period more than one month, but less than one year, and the salary for such period shall not be paid.
(3) Salary reduction shall reduce remuneration by one-third or less for a period more than one month, but less than one year.
(4) A reprimand shall be made by cautioning a judge in writing against reasons for discipline .
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 4 (Judicial Disciplinary Committee)   print
(1) The Supreme Court shall have the Judicial DisciplinaryCommittee (hereinafter referred to as "Committee") to deliberate and decide on disciplinary cases of judges.
(2) The Committee shall consist of one chairperson and six members, and further three reserve members.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 5 (Chairperson and Members)   print
(1) The chairperson of the Committee shall be appointed by the Chief Justice from among the Justices of the Supreme Court, and three judges and one person each from the following subparagraphs shall be appointed by the Chief Justice as its members:
1. Lawyers;
2. Professors of jurisprudence;
3. Other persons with abundant learning and experience.
(2) Reserve members shall be appointed by the Chief Justice from among the judges.
(3) The term of office of the chairperson, members and reserve members shall be three years, respectively.
(4) The chairperson shall be in charge of the business of the Committee, call meetings and cast a vote when decisions are made.
(5) Where inevitable reasons prevent the chairperson from managing his/her business due to a reason, etc. prescribed in Article 10, the member designated by the Chief Justice shall perform the duties as proxy, and where the same reasons happens to a member, a reserve member designated by the Chief Justice shall perform the duties as proxy.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 6 (Administrative Secretary of Committee)   print
(1) The Committee shall have an administrative secretary who is appointed by the Chief Justice from among judges.
(2) The administrative secretary shall be in charge of the business of preparation and preservation of the records on disciplinary cases and other documents under the command of the chairperson.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 7 (Request for Disciplinary Measures and Commencement of Deliberation on Discipline)   print
(1) The deliberation on disciplinary measures taken by the Committee shall commence at the request of any of the following persons:
1. Chief Justice of the Supreme Court;
2. Justices of the Supreme Court;
3. The Minister of National Court Administration, president of Judicial Research and Training Institute, chief judges of all levels of courts, chief librarian of Supreme Court Library having supervisory authority concerning judicial administrative duties over the relevant judge as prescribed by the Court Organization Act.
(2) If grounds for disciplinary measures against a judge are deemed to exist, the person entitled to request disciplinary measures pursuant to paragraph (1) may examine such judge.
(3) If a judge is recognized to fall under any of the subparagraphs of Article 2 as a result of the examination pursuant to paragraph (2), the person entitled to request disciplinary measures shall so request disciplinary measures.
(4) The request for disciplinary measures shall be made by presenting a written request for disciplinary measures to the Committee.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 8 (Prescription of Reasons for Disciplinary Measures)   print
When three years (five years in cases of giving or accepting money and entertainment, and embezzlement and misappropriation of public money) pass from the date a ground for disciplinary measures exists, no request for disciplinary measures on such ground shall be made.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 9 (Service of Request for Disciplinary Measures)   print
The Committee shall serve a duplicate of the request for disciplinary measures on the judge (hereinafter referred to as "respondent") against whom disciplinary measures are requested.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 10 (Exclusion, Challenge and Abstention)   print
(1) The chairperson and members shall not participate in any deliberation and decision making on a disciplinary case of himself/herself or relatives.
(2) Where the requester of disciplinary measures is a member, such member shall not participate in any deliberation and decision making on the relevant case.
(3) If the chairperson or members have a reason prescribed in paragraph (1) or (2), or if there is any ground for which it is hard to expect impartiality in the decision on disciplinary measures, the respondent may explain such fact to the Committee in writing and apply to challenge it.
(4) The Committee shall make a decision on the application prescribed in paragraph (3) without delay, and the chairperson or members subject to the application for challenge shall not participate in the decision making.
(5) In cases of paragraphs (1) through (3), the chairperson or members may abstain from participating in the decision.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 11 (Preliminary Deliberation)   print
(1) Where the Committee or chairperson deems necessary, he/she may determine to hold preliminary deliberation before deliberation commences as prescribed in Article 13.
(2) Where preliminary deliberation is to be conducted, the chairperson shall designate members for preliminary deliberation from among the members.
(3) Articles 12 through 17, 19 and 22 shall apply mutatis mutandis to the procedures for preliminary deliberation within the extent it is not contrary to its characteristics.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 12 (Request for Attendance to Respondent)   print
Where a request for disciplinary measures is made, the chairperson shall specify the date of deliberation and request the respondent to attend the deliberation.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 13 (Deliberation of Disciplinary Measures)   print
(1) The Committee shall commence deliberation where a majority, including the chairperson, is present.
(2) The chairperson shall announce the commencement of deliberation on the date of deliberation and examine the respondent on the fact of grounds against which disciplinary measures are requested and other necessary matters.
(3) Members may notify the chairperson and conduct an examination prescribed in paragraph (2).
(4) The deliberation of disciplinary measures shall not be made public.
(5) Those who have participated in the deliberation and decision making by the Committee shall not reveal confidential information that they have learned in the course of duties.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 14 (Right to Make Statement and Right to Present Defense Evidence of Respondent and Requester of Disciplinary Measures)   print
The respondent and respondent of disciplinary measures may state opinions or present defense evidence in writing or orally.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 15 (Designation of Defense Lawyers, etc.)   print
A respondent may designate a defense lawyer and have him/her make a supplementary statement concerning a disciplinary case and present defense evidence: Provided, That in cases permission is obtained from the Committee, a person other than a defense lawyer may be designated as special counsel.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 16 (Appraisal, Examination of Witnesses, etc.)   print
Ex officio or at the request of the requester of disciplinary measures, respondent, defense lawyer or special counsel, the Committee may order to give appraisal or examine witnesses, and inquire at public institutions, etc. of the fact or request public institutions, etc. to present documents.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 17 (Nonattendance of Respondent)   print
Where the respondent fails to attend the deliberation on the date of deliberation after being served a lawful notice, or resigns the right to make statements, the Committee may conduct documentary deliberation without the statement of the respondent.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 18 (Right to Make Final Statements)   print
The chairperson shall give a respondent and a defense lawyer or special counsel an opportunity to make a final statement.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 19 (Participation by Administrative Secretary and Preparation of Deliberation Records)   print
The administrative secretary shall participate in the deliberation, prepare records of deliberation, and put signature and seal along with the chairperson.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 20 (Suspension of Disciplinary Procedures)   print
(1) Where impeachment is filed for concerning the grounds for disciplinary measures, disciplinary procedures shall be suspended until such impeachment proceedings are completed.
(2) Where a public prosecution is instituted concerning the grounds for disciplinary measures, the Committee may suspend disciplinary procedures until such public prosecution procedures are completed.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 21 (Withdrawal of Request for Disciplinary Measures)   print
Where grounds to recognize that the respondent does not fall under any of the subparagraphs of Article 2 exist, such as that new facts are found, etc., after a request for disciplinary measures is made, the requester of disciplinary measures may withdraw the request for disciplinary measures before the decision on disciplinary measures pursuant to Article 24 is made.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 22 (Criminal Procedure Act, etc. to Be Applied mutatis mutandis)   print
The Criminal Procedure Act and the Criminal Procedure Costs Act shall apply mutatis mutandis to the service of documents, designation and modification of date, oath of witnesses and appraisers, and expenses paid to the witnesses and appraisers unless prescribed otherwise by this Act and Supreme Court Rules.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 23 (Methods of Decision Making by Committee)   print
(1) Where the Committee is to make a decision on a disciplinary case, it shall pass a resolution by the majority attendance including the chairperson and by the majority approval of the members present: Provided, That in cases of decisions pursuant to Articles 10 (4) and 11 (1) and permission pursuant to the proviso to Article 15, such may be resolved by the majority approval of the members in writing.
(2) Where the majority of the members present fails to agree on disciplinary decision pursuant to the main sentence of paragraph (1) because their opinions diverge, the opinion most unfavorable to the respondent shall be added by an opinion more favorable to the respondent one by one until the total number of opinions reach a majority and the most favorable opinion shall be taken.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 24 (Decision on Disciplinary Measures by Committee)   print
When the Committee has completed deliberation, it shall make a decision according to the following classifications:
1. Where any ground for disciplinary measures exists and any disposition of disciplinary measures is recognized as appropriate: Decision to issue appropriate disposition of disciplinary measures in comprehensive consideration of the seriousness of the grounds for disciplinary measures, work performance and merits of the respondent, degree of regret and other various circumstances: Provided, That in cases where not issuing disposition of disciplinary measures is recognized as appropriate, a decision of letting it go unchallenged may be made;
2. Where grounds for disciplinary measures are not recognized: Decision of being free from suspicion.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 25 (Preparation of Decision of Disciplinary Measures and Service thereof)   print
(1) When the Committee makes a decision prescribed in Article 24, it shall prepare a written decision in which reasons thereof are mentioned.
(2) The chairperson and members who have participated in the deliberation and decision shall put signature and seal on the written decision pursuant to paragraph (1).
(3) The original copy of the written decision pursuant to paragraph (1) shall be served on the requester of disciplinary measures, respondent and a person authorized to issue a disposition of disciplinary measures, respectively.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 26 (Disposition of Disciplinary Measures and Execution thereof)   print
(1) The Chief Justice shall issue a disposition of disciplinary measures based on the decision of the Committee and enforce it.
(2) When the Chief Justice issues a disposition of disciplinary measures, he/she shall announce it in the official gazette.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 27 (Procedures of Raising Objection)   print
(1) Where the respondent intends to raise an objection against a disposition of disciplinary measures, he/she shall request the Supreme Court to revoke the disposition of disciplinary measures within 14 days from the date he/she learned that the disposition of disciplinary measures existed without going through procedures for pretrial
(2) The Supreme Court shall try the case of request for revocation according to the single-trial system.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
law view
 Article 28 (Supreme Court Rules)   print
Matters necessary for the implementation of this Act shall be prescribed by Supreme Court Rules.
[This Article Wholly Amended by Act No. 10578, Apr. 12, 2011]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Term of Office of Members of Judicial Disciplinary Committee) The term of office of the members of the judicial disciplinary Committee entrusted as prescribed by previous provisions as at the time this Act enters into force shall terminate simultaneously with the enforcement of this Act.
(3) (Amendment to other Acts) Omitted.
ADDENDA<Act No. 6082, Dec. 31, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 8058 Oct. 27, 2006>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No 9814, Nov. 2, 2009>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Extension of Prescription of Disciplinary Measures) The previous provisions shall apply to those for whom reasons for disciplinary measures occurred before this Act enters into force, notwithstanding the amended provisions of Article 8.
ADDENDUM<Act No 10578, Apr. 12, 2011>
This Act shall enter into force three months after the date of its promulgation.