SEOUL METROPOLITAN GOVERNMENT RULE ON MANAGEMENT OF LITIGATION AFFAIRS
- Enactment No. 1187, Nov. 29, 1971
- Partial Amendment No. 1275, Dec. 11, 1972
- Amendment of Other Laws No. 1993, Sep. 23, 1982
- Whole Amendment No. 2224, May. 07, 1988
- Partial Amendment No. 2344, Jun. 15, 1990
- Partial Amendment No. 2370, Feb. 11, 1991
- Partial Amendment No. 2457, Mar. 23, 1992
- Partial Amendment No. 2490, Aug. 31, 1992
- Partial Amendment No. 2830, May. 15, 1997
- Partial Amendment No. 2094, Mar. 10, 1998
- Partial Amendment No. 3006, May. 25, 1999
- Partial Amendment No. 3025, Jul. 10, 1999
- Partial Amendment No. 3115, Jun. 05, 2000
- Partial Amendment No. 3177, Mar. 30, 2001
- Partial Amendment No. 3263, Jun. 25, 2002
- Partial Amendment No. 3302, Mar. 31, 2003
- Partial Amendment No. 3403, Jul. 30, 2004
- Partial Amendment No. 3525, Jan. 11, 2007
- Partial Amendment No. 3560, Jul. 19, 2007
- Amendment of Other Laws No. 3598, Jan. 31, 2008
- Whole Amendment No. 3625, Jun. 30, 2008
- Amendment of Other Laws No. 3766, Sep. 27, 2010
- Partial Amendment No. 3947, Jan. 23, 2014
- Amendment of Other Laws No. 4004, Dec. 30, 2014
- Partial Amendment No. 4063, Jan. 14, 2016
- Whole Amendment No. 4150, Apr. 06, 2017
- Partial Amendment No. 4243, Oct. 18, 2018
- Amendment of Other Laws No. 4303, Oct. 10, 2019
- Amendment of Other Laws No. 4313, Dec. 31, 2019
- Partial Amendment No. 4319, Jan. 16, 2020
Partial Amendment No. 4063, Jan. 14, 2016 | Whole Amendment No. 4150, Apr. 06, 2017 |
---|---|
Article 1 (Purpose)
The purpose of this Rule is to prescribe matters necessary for the management of litigation affairs to which the Seoul Metropolitan Government or the Mayor of the Seoul Metropolitan Government and the head of an administrative agency under his/her control, etc. are parties, participants or interested parties, and of cases related to duties performed as a public official of the Seoul Metropolitan Government or an administrative agency under its control. |
In translation |
Article 2 (Definitions)
The definitions of terms used in this Rule shall be as follows:
|
|
Article 3 (Management of Litigation)
(1) The head of an affairs management department in charge of the affairs related to litigation shall manage the relevant litigation.
|
|
Article 4 (Reporting, etc. of Litigation of Autonomous Gus) (1) The head of an autonomous Gu of the Seoul Metropolitan Government (hereinafter referred to as the "head of a Gu") shall, in advance, report a litigation case falling under any of the following subparagraphs, among litigation cases to which an autonomous Gu or the head of a Gu is a party, to the Mayor (the legal support officer and the head of an affairs management department): <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
|
|
Article 5 (Receipt of Litigation Documents)
(1) A document management department that receives litigation documents shall transfer such documents to the legal support officer in preference to other documents. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
|
|
Article 6 (Settlement of Litigation Documents and Deadline thereof)
All litigation documents shall be settled by the deadline determined by the legal support officer in consideration of an invariable period, etc.; but they shall be settled not later than seven days prior to the date for the first pleading where a lawsuit is responded or response to a lawsuit is waived, and not later than four days prior to the deadline for appeal where an appeal is filed or an appeal is waived: Provided, That this shall not apply in extenuating circumstances. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014> |
|
Article 7 (Examination of Litigation Documents)
The legal support officer shall examine all litigation documents in advance. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014> |
|
Article 8 (Management of Litigation Documents)
(1) The head of a litigation management department shall prepare, keep and manage Forms 1 through 6 and the following litigation documents. In such cases, he/she shall file litigation documents by case: Provided, That this shall not apply to litigation documents preparable with data processing programs:
|
|
Article 9 (Commencement of Litigation)
(1) Where the head of a litigation management department receives litigation documents or intends to institute a lawsuit, he/she shall designate a litigator, a litigation clerk and an attorney (hereinafter referred to as "litigator, etc.") immediately and commence litigation.
|
|
Article 10 (Determination of Measures for Litigation)
(1) For the performance of instituting a lawsuit, responding to a lawsuit, submitting an appeal, bringing a counteraction, waiving an appeal, etc., the head of a litigation management department shall determine measures for such matters in prior consultation with the legal support officer. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
|
|
Article 11 (Designation of Litigators and Procedures therefor)
(1) The head of a litigation management department shall request the legal support officer to designate, appoint or select and appoint a litigator, etc. determined by policies for the performance of litigation, and shall direct and supervise the performance of affairs of the litigator, etc. The same shall also apply where he/she changes the litigator, etc. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
|
|
Article 12 (Duties of Litigation Clerks)
A litigation clerk shall perform the following duties by helping an attorney until the relevant litigation case is concluded: <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
|
|
Article 13 (Duties of Litigators and Attorneys)
(1) A litigator and an attorney shall faithfully perform the following duties on the relevant litigation case:
|
|
Article 14 (Measures concerning Adjudication)
(1) A litigator, etc. who appears on the date for adjudication shall report details of adjudication and take necessary measures.
|
|
Article 15 (Measures concerning Judgment Documents)
(1) Where a litigator, etc. receives a judgment document, a person who first receives the judgment document shall write the date and time of receipt and his/her name at the top left of the judgment document.
|
|
Article 16 (Instituting Lawsuits)
(1) A litigator, etc. shall institute a lawsui t only where he/she deems that instituting a lawsuit has merit and there is a possibility of winning the case after he/she investigates, analyzes and examines the facts thoroughly and secures the sufficient documentary evidence. The same shall also apply where he/she intends to bring a counteraction because the act of the cause of the case charged is compounded with the act of the other party.
|
|
Article 17 (Appeal)
Where a litigator, etc. intends to appeal because he/she is dissatisfied with judgment, he/she shall make reasons for dissatisfaction clear, and especially for a case aiming at payment of money, he/she shall examine by comparing the amount claimed and degree of dissatisfaction or by estimating a sentence.
|
|
Article 18 (Waiver of Appeal)
Where the head of a litigation management department deems that no grounds exist to oppose judgment or an appeal lacks merit, and in any of the following cases, he/she may waive an appeal in prior consultation with the legal support officer: <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
|
|
Article 19 (Notification of Litigation)
(1) Where there is another party interested in a litigation case, he/she shall be notified of the case in litigation so that he/she may participate in litigation.
|
|
Article 20 (Case Charged in Third Party Position)
(1) With regard to a case charged in a third party position and in which the Mayor, etc. does not have a direct stake, a litigation clerk may not designate an attorney. <Amended by Seoul Metropolitan Government Rule No. 3947, Jan. 23, 2014>
|
|
Article 21 (Litigation Materials for Compensation for Nonpayment and Land Expropriated)
A litigation clerk shall investigate and secure materials, especially the following materials, for claims for rent for land for which a compensation is not made in connection with the performance of public projects, such as urban planning projects, and claims, such as the cancellation of disposition of a ruling of expropriation on land expropriated, etc.:
|
|
CHAPTER II MEASURES AFTER FINAL ADJUDICATION OF LITIGATION
Article 22 (Measures concerning Confirmation of Judgment of Winning of Case)
(1) Where a litigation case is adjudicated in favor of the Seoul Metropolitan Government, the head of a litigation management department shall take necessary measures for the following matters:
|
|
Article 23 (Measures concerning Confirmation of Judgment of Losing of Case)
(1) Where a lawsuit is finally adjudicated as a lost case, the head of a litigation management department shall take necessary measures for the following matters:
|
|
Article 24 (Exercise, etc. of Right to Indemnity)
(1) Where litigation is finally adjudicated as a lost case, and judgment award or litigation expense is paid, the Litigation Council shall determine whether to exercise the right to indemnity on a litigator, etc. who is responsible for losing the case (hereinafter referred to as "performer who has caused"), such as negligence in litigation, etc., and the amount of indemnity money after the evaluation of his/her performance of litigation. In such cases, the Litigation Council shall give the performer who has caused an opportunity of appearing at the Litigation Council to make his/her excuse.
|
|
Article 25 (Voluntary Settlement)
(1) The head of a litigation management department shall determine whether to settle voluntarily or to deposit for settlement concerning judgment award of a lost case in part or in whole that aims at payment of money after the comprehensive examination of interest during the period of appellate trial, the probability of winning a case and the probability of collection when the case is adjudicated in his/her favor, etc.
|
|
CHAPTER III LITIGATION COUNCIL OF THE SEOUL METROPOLITAN GOVERNMENT
Article 26 (Formation and Operation of Litigation Council of the Seoul Metropolitan Government) (1) The Litigation Council shall be established to deliberate on designation of important litigation, etc. concerning litigation affairs, etc. to which the Mayor, etc. is a party concerned, participant or interested party.
|
|
Article 27 (Designation of Important Litigation and Cancellation Thereof)
(1) In any of the following cases, the legal support officer may designate a case as an important litigation through the deliberation by the Litigation Council pursuant to Article 26 at the request of the head of a litigation management department or ex officio: <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
|
|
CHAPTER IV LITIGATION EXPENSES
Article 28 (Attorney's Fees, etc.)
(1) A retainer, contingency fee and other litigation expenses as attorney's fees shall be paid to an attorney-at-law who is an attorney for each class of trial; the standards for payment shall be as attached Table 1; and where at least two attorneys are involved, attorney's fees shall be paid to each of them according to the above standards of payment: Provided, that attorney's fees, etc. shall not be paid where the litigation closed by its withdrawal, etc. before the documents on a case on its merits are submitted. <Amended by Seoul Metropolitan Government Rule No. 3947, Jan. 23, 2014>
|
|
Article 29 (Cases Designated as Important Litigation)
(1) A special retainer and special contingency fee may be paid for a case designated as important litigation pursuant to Article 27.
|
|
CHAPTER V CASES RELATED TO DUTIES
Article 30 (Procedures for Performance, etc.)
(1) The head of an affairs management department of a case related to duties may request designation of an attorney by the direction of his/her immediate superior official or higher in prior consultation with the legal support officer only where relation to duties is confirmed. In such cases, he/she shall submit a written undertaking in Form 15 signed and sealed by the person concerned. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
|
|
Article 31 (Scope of Performance of Duties of Attorney)
(1) In the case of a criminal case, an attorney shall perform his/her duties until the prosecutor's office concludes its investigation on the relevant case (excluding a trial; hereinafter the same shall apply), and in the case of a civil case, an attorney shall perform his/her duties until a judgment becomes final and conclusive.
|
|
Article 32 (Duties of Litigation Clerks and Attorneys)
(1) The head of a department in charge of criminal cases shall perform his/her duties referred to in the following subparagraphs faithfully until the relevant case is closed:
|
|
Article 33 (Attorney's Fees, etc.)
A retainer, award and other litigation expenses shall be paid as attorney's fees to an attorney-at-law who is an attorney for a case related to duties, and the standards for payment shall be as attached Table 1.
|
|
Article 33-2 (Payment of Expenses for Trail of Case Related to Duties)
(1) A case related to duties that may have a significant impact on the municipal administration, where the judgement of acquittal (including the decision on the dismissal of a public prosecution) of the public official who conducted such duties is finalized, the expenses for the designation of an attorney incurred in the trial (referring to a retainer and a contingency fee for each class of trial) may be paid in the scope of payment standard for criminal cases in attached Table 1. In such cases, the head of the department in charge of the relevant case related to duties shall request the legal support officer to pay such expenses, following the direction of the Mayor. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
|
|
Article 34 (Recovery of Expenses) (1) The head of a department in charge of criminal cases shall, where a public official under his/her control is charged among the cases related to duties, take procedure for the recovery of expenses paid to an attorney for a criminal case and then recover expenses incurred therein from the relevant public officials at the time he/she is convicted. <Amended by Seoul Metropolitan Government Rule No. 3947, Jan. 23, 2014>
|
|
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 35 (Award, etc. to Persons of Merit in Performance of Litigation)
(1) Where a case was adjudicated in favor of the Seoul Metropolitan Government (including discontinuance of a lawsuit, compromise, mediation, etc., however, it is limited to where a lawsuit is won by at least 60 percent of the standards), any of the following persons may be rewarded and issued an award: Provided, That simple or repetitive cases and cases in which the Mayor, etc. has no virtual stake shall be excluded herefrom:
|
|
Article 36 (Direction and Supervision)
(1) The Mayor may direct and supervise litigation affairs of auxiliary agencies, assistant agencies, administrative agencies under his/her control and autonomous Gus of the Seoul Metropolitan Government for the efficient direction and management of litigation affairs and for improvement of problems.
|
|
Article 37 (Violation of Prior Consultation) Where the head of an affairs management department or the head of a litigation management department violates the provisions of prior consultation prescribed by this Rule, the legal support officer shall reflect such violation at the time he/she evaluates the performance of litigation, and report a lost case to the head of audit and inspection department. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014> |
|
Article 38 (Performance of Litigation of State)
(1) Where a litigator, etc. performs litigation affairs to which the State is a party or submits necessary materials, the methods thereof, procedures therefor and the scope of duties, etc. shall be as prescribed by the Act on Litigation to which the State is a Party and this Rule.
|
|
Article 39 (Reporting to other Agencies)
Where an administrative action has been filed against administrative disposition conducted in accordance with a request for correction of the Board of Audit and Inspection of Korea pursuant to Article 33 of the Board of Audit and Inspection Act or the case has been adjudicated, it shall be reported to the Chairperson of the Board of Audit and Inspection of Korea along with a copy of a complaint or a written judgment and related documents within five days.
|
|
Article 40 (Decision of Policies of Performance of Arbitration)
In a judicial dispute to which the Mayor, etc. is a party, the head of a department in charge of a case in arbitration who intends to settle the dispute by mutual consent of the relevant parties and judgment of an arbitrator not by judgment of the court in accordance with the Arbitration Act shall decide policies on the performance of arbitration in prior consultation with the legal support officer. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014> |
|
Article 41 (Procedures for Performance of Arbitration)
Articles 3, 5 through 13, 15 through 17, 19, 22 through 27 shall apply mutatis mutandis to procedures, methods and the scope of duties, etc. in connection with the performance of arbitration affairs, such as a department in charge of the performance of arbitration, preparation and the deadline for settlement of arbitration documents, examination and management of arbitration documents, designation of a person in charge of the affairs and an attorney for arbitration, etc.
|
|
Article 42 (Attorneys' Fees for Arbitration)
(1) A retainer, award and other arbitration expenses shall be paid to an attorney for arbitration as attorney's fees and the standards for payment shall be as attached Table 2.
|
|
ADDENDA |
|
Payment Standards for Litigation Expenses(Pursuant to Article 28 (1)) |
|
Standards for Payment of Arbitration Expenses(Pursuant to Article 42 (1)) |
|