Enforcement Officers Act


Published: 2010-03-31

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 Article 1 (Purpose)   print
The purpose of this Act is to prescribe matters relating to enforcement officers under Article 55 of the Court Organization Act.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 2 (Duties)   print
Enforcement officers shall, under the command of district courts, be engaged in the execution of judgement rulings, the service of documents and other duties under Acts and subordinate statutes, as prescribed by Acts.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 3 (Appointment)   print
The president of each district court shall appoint enforcement officers from among persons who have served for not less than ten years as public officials of Grade VII in courts, registry offices, prosecutors' offices, or drug enforcement agencies.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 4 (Fixed Number, etc.)   print
(1) The number of enforcement officers shall be determined by the Supreme Court Regulations.
(2) The term of office for enforcement officers shall be four years, and they shall not be consecutively reappointed.
(3) The retirement age limit for enforcement officers shall be 61 years and, those who reach the retirement age between January and June shall retire from office on the 30th of June, and those who reach the retirement age between July and December shall retire on the 31st of December.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 5 (Delegated Duties)   print
Enforcement officers shall carry out the following duties as delegated by the parties concerned:
1. Notification and peremptory notification;
2. Auction of personal estates;
3. Preparation of certificates of protest.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 6 (Mandatory Duties)   print
Enforcement officers shall be responsible for the following duties upon an order by a court or a prosecutor, in addition to the duties pursuant to Acts and subordinate statutes:
1. Service of documents and articles;
2. Enforcement of penalties, fines, fines for negligence, additional collection, or enforcement of decisions on litigation cost related to public prosecution, and sale of confiscated goods;
3. Execution of warrants;
4. Other duties required of them by their appointments.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 7 (Supervisory Agencies)   print
(1) Enforcement officers shall be supervised by the president of the competent district court.
(2) Enforcement officers located within the jurisdiction of a branch court of a district court shall be supervised by the chief of the branch court under the orders of the president of the competent district court.
(3) The president of a district court shall designate, from among judges under his/her control, one or more supervisors to take direct charge of affairs concerning the supervision of enforcement officers, and may designate, from among employees under his/her control, persons to assist supervisors.
(4) Supervisors shall frequently audit the performance of duties by enforcement officers and may conduct the following acts for the audit:
1. Investigating records and books of enforcement officers, or valuables under their custody, or having them submit such items for investigation thereon;
2. Visiting sites where enforcement officers perform their duties and inspecting the performance thereof;
3. Designating certain matters and having enforcement officers report thereon.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 8 (Offices)   print
(1) Enforcement officers shall establish their offices within the area under the jurisdiction of a district court to which they belong, at the location designated by the president of the district court or the chief of a branch court.
(2) Each office of enforcement officers shall have a representative enforcement officer.
(3) A representative enforcement officer under paragraph (2) shall represent enforcement officers who belong to the relevant office and exercise overall control over the matters concerning the operation of the office of enforcement officers.
(4) An office of enforcement officers may employ service staff.
(5) Matters concerning the number, qualification, duties, etc. of the staff members under paragraph (4) shall be determined by the Supreme Court Regulations.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 9 (Furnishing of Logbooks)   print
(1) The following logbooks shall be furnished at each office of enforcement officers:
1. Logbooks of seizures;
2. Logbooks of provisional seizures;
3. Logbooks of collection orders;
4. Logbooks of real estate lease;
5. Logbooks of service;
6. Books of account regarding enforcement officers' fees, etc.;
7. Accounting records.
(2) The logbooks under paragraph (1) shall be separated on annual basis.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 10 (Posting of Fees, etc.)   print
A chart of fees, travel expenses and lodging charges of enforcement officers shall be posted at a conspicuous place in each office of enforcement officers so that it is readily visible to anyone.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 11 (Establishment of Branch Offices and Performance of Duties in Place of others)   print
(1) Where no enforcement officer is stationed at the seat of a branch court of a district court, the president of the district court may order an enforcement officer under its jurisdiction to establish a branch office at the location of the relevant branch court, or may have court officials of Grade IV, V, VI, or VII, or registration officials of Grade V, VI, or VII, of the district court or the branch court carry out the duties of enforcement officers by proxy.
(2) When having the court officials of Grade IV, V, VI, or VII or registration officials of Grade V, VI, or VII under paragraph (1) carry out the duties of enforcement officers by proxy, the president of the relevant district court shall designate a proxy in advance.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 12 (Domicile)   print
Enforcement officers shall reside within the jurisdiction of the district court to which they belong.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 13 (Limitations)   print
No enforcement officer may perform his/her duties in any of the following cases:
1. Where enforcement officers or their spouses, or first cousins or closer kinsfolk or matrimonial relatives of enforcement officers or their spouses, are the interested parties or victims or bear the relationship of coobligees, coobligors or debtors with the interested parties or victims;
2. Where enforcement officers or their spouses, or first cousins or closer kinsfolk or matrimonial relatives of enforcement officers or their spouses, are relatives of the interested parties, victims or their spouses. In cases of matrimonial relatives, this shall also apply when a marriage is dissolved;
3. Where enforcement officers have been examined as witnesses or expert witnesses in the same case, or where they are or were entitled to become a legal representative.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 14 (Prohibition of Refusal of Duties)   print
No enforcement officer may refuse any order or delegation of his/her duties without justifiable grounds.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 15 (Prohibition of Purchase of Objects in Auction, etc.)   print
(1) No enforcement officer or his/her relatives may purchase objects in auction or in sale by the enforcement officer or other enforcement officers.
(2) Paragraph (1) shall also apply to expert witnesses or their relatives under Article 200 of the Civil Execution Act.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 16 (Notice of Inability to Perform Duties)   print
(1) Where an enforcement officer cannot perform his/her duties due to justifiable grounds, he/she shall, without delay, notify such fact to the court or prosecutor who made an order or the person concerned who made the delegation.
(2) Enforcement officers shall, where they cannot notify the person concerned who made the delegation or where an urgent disposition is needed, report such fact to the president of a district court or the chief of a branch court.
(3) The president of a district court or the chief of a branch court, in receipt of a report under paragraph (2), shall order other enforcement officers, or court officials of Grade IV, V, VI, or VII or registration officials of Grade V, VI, or VII under Article 11 (2), to perform the duties.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 17 (Carrying of Certificates of Identification)   print
(1) Each enforcement officer shall, when performing his/her duties, carry an identification card issued by the president of a district court.
(2) Where police officers are requested to provide assistance under Article 5 (2) of the Civil Execution Act, they shall comply therewith.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 18 (Education of Enforcement Officers)   print
Enforcement officers shall receive education necessary for the performance of their duties, as prescribed by the Supreme Court Regulations.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 19 (Fees or Advances)   print
(1) When enforcement officers perform the delegated duties, they shall be reimbursed for advances and receive fees, as prescribed by the Supreme Court Regulations.
(2) No enforcement officer shall collect fees in excess of the prescribed amount nor receive any special remuneration.
(3) Fees for court officials of Grade IV, V, VI, or VII, or registration officials of Grade V, VI, or VII who have performed the duties of enforcement officers shall be remitted to the National Treasury.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 20 (Duties without Fees)   print
No enforcement officer shall receive any fees, other than advances for the performance of duties under any subparagraphs of Article 6: Provided, That Article 19 shall apply in regard to the duties under subparagraph 2 of Article 6.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 21 (Order of Suspension)   print
The president of a district court may order suspension of duties when an enforcement officer in question is subject to a criminal indictment or when he/she is unable to carry out his/her duties due to a physical or mental disability, etc.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 22 (Dispositions in Cases of Death, etc.)   print
The president of a district court or the chief of a branch court thereof shall make the following dispositions in cases of the death, suspension from duties, dismissal, or detention of an enforcement officer:
1. Order for submission of official seals, logbooks and other documents related to his/her duties;
2. Order necessary for the preservation of articles or documents under his/her custody for the duties.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 23 (Disciplinary Action)   print
(1) Where an enforcement officer falls under any of the following subparagraphs, the president of the district court to which the enforcement officer belong shall request the disciplinary committee under Article 24 for disciplinary resolution and take a disciplinary action according to such resolutions:
1. Where an enforcement officer violates this Act, or order or regulation under this Act;
2. Where he/she violates an official duty or neglects to perform official duties;
3. Where he/she commits any act that damages his/her reputation or dignity as a public official, regardless of the connection with his/her official duties;
4. Where he/she has been negligent in supervising any service staff with respect to the performance of duties;
5. Where he/she fails to receive education under Article 18 without justifiable grounds.
(2) Disciplinary action shall be categorized into censure, fines for negligence not exceeding two million won, suspension of office ranging from one month to one year, and a dismissal.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 24 (Establishment of Disciplinary Committee)   print
A disciplinary committee shall be established in the relevant district court to resolve on disciplinary action against enforcement officers concerned.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 25 (Prescription of Grounds for Disciplinary Action)   print
No request for resolution on disciplinary action under Article 23 (1) may be made after two years from the date any grounds for disciplinary action arose.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 26 (Penal Provisions)   print
(1) Any person who violates Article 15 shall be punished by imprisonment for not more than five years, or by a fine not exceeding 20 million won.
(2) Any person who violates Article 19 (2) shall be punished by imprisonment for not more than three years, or by a fine not exceeding ten million won.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
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 Article 27 (Enforcement Rules)   print
Matters necessary for the enforcement of this Act shall be prescribed by the Supreme Court Regulations.
[This Article Wholly Amended by Act No. 10205, Mar. 31, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
Bailiffs under the former provisions of this Act as at the time this Act enters into force shall be deemed enforcement officers under this Act: Provided, That the term of office for such persons shall be governed by the former provisions, notwithstanding the provisions of Article 4 (2).
Article 3 Omitted.
Article 4 (Relation with other Acts and Subordinate Statutes)
(1) Bailiffs provided for in other Acts and subordinate statutes as at the time this Act enters into force shall be deemed enforcement officers under this Act.
(2) Where the former Bailiffs Act or its provisions are cited in other Acts and subordinate statutes as at the time this Act enters into force, if the provisions corresponding thereto exist in this Act, this Act or the corresponding provisions of this Act shall be deemed cited in lieu of the former provisions.
ADDENDUM<Act No. 6524, Dec. 19, 2001>
This Act shall enter into force on January 1, 2002.
ADDENDA<Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 10205, Mar. 31, 2010>
This Act shall enter into force on the date of its promulgation.