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.

Article 2 (Definitions) The definitions of terms used in this Rule shall be as follows:
1. The term "litigator" means a public official designated to directly engage in an administrative litigation and judgment under jurisdiction of the Constitutional Court;
2. The term "attorney" means an attorney-at-law entrusted with power necessary for engaging in an administrative litigation or civil litigation, judgment under jurisdiction of the Constitutional Court, a case related to duties, etc. and a public official permitted by the court in a civil litigation;
3. The term "litigation clerk" means a public official designated to assist an attorney-at-law where the attorney-at-law is an attorney and to conduct the necessary business;
4. The term "litigation official" means a public official delegated by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") to direct litigation affairs;
5. The term "paper directing litigation affairs" means a paper by which the Mayor directs litigation affairs to the head of a litigation management department;
6. The term "litigation case" means a piece of administrative litigation (including judgment under jurisdiction of the Constitutional Court; hereinafter the same shall apply), civil litigation or case in arbitration to which the Seoul Metropolitan Government or the Mayor and the head of an administrative agency under his/her control, etc. (hereinafter referred to as the "Mayor, etc.") are parties thereto, participants or interested parties;
7. The term "case related to duties" means a criminal case and civil litigation to which a public official who performs his/her duties is a party in connection with the duties he/she has performed as a public official of the Seoul Metropolitan Government or an administrative agency under its control;
8. The term "litigation affairs, etc." means affairs prescribed by subparagraphs 6 and 7.

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.
(2) In cases falling under any of the following subparagraphs, notwithstanding paragraph (1), the Mayor may specifically designate a head of a litigation management department:
1.A litigation case related to not less than two departments or agencies;
2.A litigation case, in regard to which its managing department is unclear;
3.Other litigation cases the Mayor deems necessary.
(3) The head of a litigation management department shall conduct the affairs under the following subparagraphs:
1. Matters concerning payment of judgment money of a lost case;
2. Matters concerning the disbursement and recovery of litigation costs;
3. Matters concerning the disbursement and recovery of deposits;
4. Other matters concerning ex post facto measures for the decided litigation affairs.

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>
1. A litigation case related to at least two autonomous Gus;
2. A litigation case filed regarding the delegated affairs and the value of the object of which exceeds 100 million won;
3. A litigation case that may have a significant impact on the administration or finance of the Seoul Metropolitan Government and the relevant autonomous Gu when it loses the case.
(2) The head of an affairs management department of the Seoul Metropolitan Government may participate in litigation after he/she determines whether to participate in a litigation case reported by the head of a Gu pursuant to paragraph (1). In such cases, he/she shall consult with the legal support officer in advance. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
(3) The head of a Gu shall conduct business concerning a litigation case falling under any subparagraph of paragraph (1) under the direction and supervision of the Mayor.

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>
(2) The legal support officer shall specify the deadline of the settlement on a paper directing litigation affairs and promptly transfer the paper along with the litigation documents transferred to him/her to the head of a litigation management department after he/she designates a litigation management department pursuant to Article 3 (1) and (2). <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
(3) Where litigation documents have been transferred by mistake, they shall be returned to the legal support officer, without delay, with a clear statement of the reason therefor: Provided, That this shall not apply where the head of a litigation management department has been specifically designated pursuant to Article 3 (2). <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:
1. Complaints and writs of summons;
2. Documents that determine measures, such as instituting a lawsuit, responding to a lawsuit, submitting an appeal, bringing a counteraction, waiving an appeal, etc.;
3. Defenses, preparatory documents and documentary evidence of the parties concerned;
4. Written appraisals and interrogatories on witnesses;
5. Documents concerning deposits;
6. Copies of written judgments and written decisions;
7. Documents concerning the compulsory execution and the exercise of the right to indemnity;
8. Documents concerning disbursements related to litigation;
9. Other reference data.
(2) The legal support officer shall keep and manage original written decisions; and the head of a litigation management department shall, where the legal support officer makes requests for directing litigation affairs or for other purposes, submit a copy of litigation documents to him/her. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>

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.
(2) A litigator, etc. designated pursuant to paragraph (1) shall, without delay, investigate and examine details, etc. of the relevant litigation case and take necessary measures, such as the collection of necessary data and preparation of guidelines for litigation, etc.

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>
(2) A litigator, etc. shall clearly prepare guidelines for the performance of litigation, including designation and appointment of a litigator, etc., designation of an attorney and the following matters:
1. Manifestation of a case (case number, the name of a case, the parties concerned, etc.);
2. The purpose of claim and reasons for claim;
3. The text of a decision and reasons for decision;
4. An outline of a case and details of disposition;
5. Reasons for instituting a lawsuit, responding to a lawsuit, submitting an appeal, bringing a counteraction, waiving an appeal, etc.;
6. Defenses;
7. Other reference data.
(3) A litigator, etc. shall be no more than three public officials, including a deputy director in charge (where the head of a litigation management department is a deputy director, referring to his/her immediate subordinate) of the litigation management department for each case in litigation excluding a case designated as important litigation.
(4) The head of a litigation management department may designate an attorney-at-law as an attorney for a litigation case and the following cases related to duties: <Amended by Seoul Metropolitan Government Rule No. 3947, Jan. 23, 2014>
1. A case for which the designation of an attorney-at-law is compulsory by Acts or subordinate statutes, etc.;
2. A case, the stakes of which are deemed to exceed the value of the object of litigation;
3. A litigation case that requires a high level of specialized legal knowledge in the comprehensive analysis or application of laws and regulations for disposition, etc,;
4. Litigation recognized that it is difficult to secure confidence in the administration and a new precedent different from the normal precedent of the administration may be formed in cases of loss of a case.
(5) For a case of an administrative judgement (including a special administrative judgement, such as a tax judgement) which has a significant impact on the municipal administration, an attorney-at-law may be designated as an attorney, and, in such case, the procedure of handling affairs for litigation cases of this Rule shall apply mutatis mutandis to the relevant administrative judgement case. <Newly Inserted by Seoul Metropolitan Government Rule No. 3947, Jan. 23, 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>
(2) Upon receipt of a request for designation, appointment, or selection and appointment pursuant to paragraph (1), the legal support officer shall deliver a written designation, written appointment or power of attorney as in the following classifications. In such cases, he/she shall designate a main person in charge: <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
1. He/she shall issue a written designation of a litigator in Form 7 to the litigator;
2. He/she shall issue a written appointment in Form 8 to a litigation clerk;
3. He/she shall issue an application for permission of an attorney in Form 9 and a power of attorney on litigation in Form 10 to an attorney who is a public official;
4. He/she shall issue a power of attorney for litigation in Form 11 to an attorney who is an attorney-at-law.

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>
1. Matters concerning investigation, collection and submission of various data necessary for litigation affairs, etc.;
2. Matters concerning preparation, execution and reporting of guidelines for the performance of litigation;
3. Matters concerning appearance, attendance and reporting (where the head of a litigation management department or the legal support officer specifically makes a designation, he/she shall follow such designation) on the date for pleading, the date for adjudication, etc.;
4. Matters concerning preparation, retention and management of the records of a lawsuit;
5. Other matters directed by the Mayor and other matters requested by an attorney.

Article 13 (Duties of Litigators and Attorneys) (1) A litigator and an attorney shall faithfully perform the following duties on the relevant litigation case:
1. Submission of a complaint, a written appeal, etc.;
2. Submission of defenses, preparatory documents, documentary evidence, etc.;
3. Court appearance and making submissions on the designated date for pleading;
4. Report of matters on the progression of litigation at the time of the conclusion of pleading;
5. Submission of a written report of matters on the progression of litigation according to Form 12 and a written evaluation of the performance of litigation prepared according to Form 13 after an irrevocable judgment;
6. Other matters delegated and other matters directed by the Mayor.
(2) A litigator and an attorney shall report to the Mayor frequently when matters on the progression of the performance of litigation referred to in the following subparagraphs occur: Provided, That this shall not apply where such matters may be confirmed through input using a data processing program:
1. Matters concerning the performance of duties pursuant to paragraph (1);
2. Matters concerning designation of the date for pleading and the date for adjudication;
3. Matters that occur newly during the progression of litigation and the expected problems;
4. Matters concerning whether the other party appeals against a case adjudicated in favor of the litigator and attorney;
5. Analysis of the reasons of losing a case and an opinion on whether to appeal.
(3) Where the Mayor, etc., and a public official under his/her control or an autonomous Gu are joint parties concerned in the same case, an attorney designated by the Mayor by delegation of the public official and the autonomous Gu may be designated as a joint attorney.

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.
(2) When a litigator, etc. intends to pay judgment award of provisional execution, he/she shall examine the probability of winning a case and the probability of recovering judgment award after winning a case.
(3) A litigator, etc. shall determine whether to apply for the suspension of a compulsory execution in case of a decision against them by which a provisional execution is given.

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.
(2) The head of a litigation management department who receives a judgment document shall analyze the contents of and reasons for judgment and examine whether to appeal.
(3) Where an attorney is an attorney-at-law, a litigation clerk shall receive all the litigation documents from the attorney after the adjudication of the relevant litigation: Provided, That where the attorney is designated as an attorney for appellate trial, he/she may receive the litigation documents after the adjudication of the relevant litigation. <Amended by Seoul Metropolitan Government Rule No. 3947, Jan. 23, 2014>

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.
(2) Where the purpose of a lawsuit is realized after having instituted the lawsuit, a litigator, etc. may withdraw the lawsuit in prior consultation with the legal support officer. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>

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>
1. Where he/she deems that reasons for judgment are clear and no claim exists for any new fact;
2. Where he/she deems that reasons for judgment correspond to the precedent set by the Supreme Court and thus there is no probability to win the case.

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.
(2) Where a litigation clerk deems that a litigation case is related to affairs of another department or agency, or the result of litigation has an effect on affairs of another department or agency, he/she shall notify the relevant department or agency of such fact and request cooperation or take necessary measures.

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>
(2) In cases falling under paragraph (1), a litigation clerk shall always confirm the process of litigation, and where the Mayor, etc. is likely to have a direct stake in litigation, he/she shall perform litigation actively, such as designation of an attorney, etc.

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.:
1. Drawings describing the current status in which the object is indicated;
2. Materials related to public announcement of the class of land and standard land price;
3. Materials related to the implementation of an urban planning project or public project;
4. Materials related to changes in land registration and transfer of ownership;
5. Details of and reasons for compensation for nonpayment;
6. Materials related to appraisal on the price of expropriation;
7. Other materials deemed necessary.

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:
1. Collection of judgment award, etc.;
2. Collection of security or deposit;
3. Collection of litigation expenses;
4. Other matters deemed necessary.
(2) In any of the following cases in the recovery of litigation expenses pursuant to paragraph (1) 3, the collection of litigation expenses may be abandoned. In such cases, the head of a litigation management department shall consult with the legal support officer in advance: <Amended by Seoul Metropolitan Government Rule No. 3947, Jan. 23, 2014; Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
1. Where the total amount to be collected is not less than 300,000 won;
2. Where the other party has no financial capacity;
3. Where the head of a litigation management department agrees to discontinue a litigation case, the purpose of which has been realized;
4. Where it is found that it is inappropriate to burden the litigation expenses to the other party, such as where the amount to be collected on an individual basis in litigation to which a large number of the parties are related is a small sum.

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:
1. Cancellation or change to disposition;
2. Measures that require changes in rights;
3. Collection of security or deposit;
4. Payment of a judgment award or litigation expenses;
5. Where reasons for losing the case are defects in Acts and subordinate statutes or the system, proposal for amendment of Acts and subordinate statutes or improvement of the system;
6. Where the cause of losing the case is attributed to faults of a litigator, etc., such as negligence in litigation, etc., notification to the audit and inspection department for the exercise of the right to indemnity, etc.;
7. Other matters deemed necessary.
(2) Where judgment award or litigation expenses referred to in paragraph (1) 4 is less than 50 million won under general accounts, it may be executed first within the extent of estimated expenditures (operating expenses) of the legal support officer. In such cases, the head of a litigation management department shall pre-consult with the legal support officer. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
(3) The head of the audit and inspection department notified of the lost case pursuant to paragraph (1) 6 shall submit the result of his/her conduct to the legal support officer so that he/she may determine whether to submit it to the Litigation Council of the Seoul Metropolitan Government (hereinafter referred to as the "Litigation Council"). <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>

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.
(2) Where the Litigation Council has determined to exercise the right to indemnity, the head of a litigation management department shall notify the performer who has caused, of the result of deliberation, so that he/she may pay the claim amount for indemnity.
(3) Where a performer who has caused, fails to pay the claim amount for indemnity, the head of a litigation management department shall institute a lawsuit for the claim amount for indemnity against the performer who has caused or his/her financial guarantor and take measures for provisional attachment to property, etc. in advance.
(4) Where a performer who has caused or his/her financial guarantor is not deemed to have property enough to pay the claim amount for indemnity or the claim amount for indemnity is deemed impossible to be repaid owing to other reasons, the head of a litigation management department may waive the exercise of the right to indemnity under the direction of the Litigation Council.

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.
(2) Where the head of a litigation management department waives an appeal at the time of decision of losing the case or after losing the case that aims at payment of money, he/she shall be discharged from a debt by settling voluntarily or making a deposit for settlement without delay pursuant to paragraph (1).
(3) Where the head of a litigation management department has determined not to apply for the suspension of a compulsory execution on the lost case in which a provisional attachment was adjudicated or an application for the suspension of a compulsory execution is dismissed, paragraph (1) shall apply mutatis mutandis.
(4) A person who intends to receive voluntary settlement shall submit a request for voluntary settlement of indemnities in Form 14 and the amount requested shall be paid within seven days from the date of request unless extenuating circumstances exist.

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.
(2) The Litigation Council shall deliberate on the following matters:
1. Designation of important litigation concerning a litigation case and a case related to duties and determination of a special retainer within the extent of the amount prescribed in Article 29 (2);
2. Deliberation on an award upon obtaining favorable judgment on the case in connection with evaluation of the performance of litigation and investigation of the cause of losing the case, whether to exercise the right to indemnity and determination of the claim amount for indemnity;
3. Other matters the Mayor deems necessary for a litigation case.
(3) An attorney for important litigation shall attend a meeting to establish measures for the performance of litigation concerning a case designated for important litigation.
(4) The Litigation Council shall be comprised of not more than nine members, including the chairperson; the director general for planning and coordination shall be the chairperson; the members shall be comprised of the policy planning officer, officer in charge of evaluation, officer in charge of investigation, manager of personal affairs, legal support officer and two legal advisers of the Seoul Metropolitan Government and others designated by the chairperson; and where the chairperson is unable to perform his/her duties due to an extenuating circumstance, the policy planning officer shall act on behalf of the chairperson. <Amended by Seoul Metropolitan Government Rule No. 3766, Sep. 27, 2010; Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
(5) One administrative secretary and one clerk shall be assigned to the Litigation Council to conduct its affairs, and the deputy director in charge of litigation affairs and an employee under the control of the legal support officer shall be the administrative secretary and clerk, respectively. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
(6) The chairperson shall call a meeting of the Litigation Council and it shall be held by attendance of a majority of the incumbent members and make a resolution with the consent of at least 2/3 of the members present.
(7) Where the chairperson has any matter to be deliberated urgently or does not have sufficient time to call a meeting of the Litigation Council, he/she may deliberate on the matter in writing. In such cases, the Litigation Council shall make a resolution with the consent of at least 2/3 of the incumbent members.
(8) The administrative secretary shall prepare the minutes of meetings of the Litigation Council and report them to the chairperson.

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>
1. A case in administrative litigation (including a special administrative judgement, such as a tax judgement) or case related to duties that has a significant impact on the municipal administration of the Seoul Metropolitan Government and a case of judgment under the jurisdiction of the Constitutional Court;
2. A case in civil litigation, the value of the object of which is not less than three billion won and which has a significant impact on finance of the Seoul Metropolitan Government;
3. A case in civil litigation that may have a significant impact, especially on the municipal administration, although the value of the object of litigation is less than three billion won.
(2) The legal support officer may adjust the amount of the special retainer determined pursuant to Article 29 (1) or cancel the designation of an important litigation through the deliberation by the Litigation Council 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>
(3) Where the legal support officer deems that a unified response is needed a series of litigations since their issues are common, he/she may designate an important litigation by regarding them as one important litigation. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
[This Article Wholly Amended by Seoul Metropolitan Government Rule No. 3947, Jan. 23, 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>
(2) Notwithstanding paragraph (1), where the Mayor has a certain attorney accept a number of litigation cases and cases related duties of the same type, he/she may specifically determine and pay litigation expenses in consultation with the attorney within the extent of the standard amount of payment of litigation expenses.
(3) The Mayor may pay litigation expenses by adding 20% to the standard amount of payment of litigation expenses prescribed in paragraph (1) to joint attorneys under Article 13 (3): Provided, That this shall not apply to a case designated as important litigation.
(4) An attorney by class of trial who is an attorney-at-law shall apply for a retainer after submitting the complaints to the competent court in the relevant case instituted or submitting the documents on a case on its merits, such as a defense, etc. in the case charged, to the court on at least one occasion. <Amended by Seoul Metropolitan Government Rule No. 3947, Jan. 23, 2014>
(5) The head of a Gu shall pay litigation expenses for a case in dispute delegated by him/her under paragraphs (1) through (3): Provided, That this shall not apply where any specific consultation exists.
(6) Expenses for performing litigation affairs of 30,000 won by class of trial from the designated class of trial shall be paid to a litigator, etc. designated as a main person in charge of a litigation case and a case related to duties to which the Mayor, etc. is a party concerned, participant or interested party.
(7) When calculating the percentage of success in the case for payment of a contingency fee, legal returns not reflected in the value of the object of litigation among the standards for payment of litigation expenses under paragraph (1) may be also calculated and added up to the percentage of success in the case.

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.
(2) An amount determined when designating an important litigation at the Litigation Council shall be paid as a special retainer within the extent of 30 million won and shall be paid from the class of trial in progress at the time it is designated as important litigation: Provided, That where a retainer has been paid in advance pursuant to Article 28 (1), the remaining amount excluding it shall be paid.
(3) An amount calculated in accordance with the following standards within the extent of 100 million won shall be paid as a special contingency fee at the time a judgment at the final trial becomes conclusive and final, the remaining amount excluding the contingency fee paid in advance shall be paid for each class of trial: <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
1. Where the percentage of success in the case (including compromise and mediation) is at least 60 percent, an amount calculated by multiplying one percent of the value of the object of litigation by the percentage of success in the case;
2. Where a lawsuit is discontinued or the other party approves and accepts, an amount calculated by multiplying 0.5 percent of the value of the object of litigation;
3. In cases of a requested case, notwithstanding Article 27, the legal support officer may designate it as an important requested case, at the request of the head of a litigation management department;
4. One million won including the amount prescribed in Article 28 (1) shall be paid as a special retainer of an important requested case designated pursuant to subparagraph 3, and a special contingency fee shall be paid within the extent of three million won; where the purpose of litigation is achieved, three million won shall be paid, where the percentage of success in the case is not less than 60 percent by adding up the value of the object of litigation and legal returns, an amount determined by multiplying the percentage of success in the case by three million won shall be paid, where a lawsuit is discontinued or the other party approves and accepts, one and a half million won shall be paid.
(4) A contingency fee for each class of trial shall be paid in accordance with attached Table 1, and in such cases a retainer shall be determined in accordance with the standard pursuant to the value of the object of litigation in attached Table 1.
(5) Where the value of the subject matter of a litigation case designated as important litigation is less than three billion won, the value of the object of litigation shall be deemed three billion won.
[This Article Wholly Amended by Seoul Metropolitan Government Rule No. 3947, Jan. 23, 2014]

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>
(2) Articles 3, 5 through 16, 19, 22 through 24 and 26 through 28 shall apply mutatis mutandis to procedures, methods, the scope of duties, designation of important litigation, etc. related to the performance of a case, such as a department in charge of cases related to duties, preparation of documents and deadline for settlement of documents, examination and management of documents, designation of an attorney, etc.
(3) Form 11 shall be issued to an attorney for a civil case designated pursuant to paragraph (2) and report of designation of an attorney-at-law in Form 16 shall be issued to an attorney for a criminal case.

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.
(2) Notwithstanding paragraph (1), an attorney for a criminal case shall perform his/her duties concerning a criminal case prosecuted or charged in connection with the municipal administration until the relevant case is finally concluded.

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:
1. Matters concerning submission of a bill of complaint, bill of indictment, etc.;
2. Matters concerning submission of all documentary evidence, etc. related to investigation;
3. Report of the progress of investigation and the result of a case;
4. Other matters the Mayor directs.
(2) An attorney acting for a criminal case shall perform his/her duties referred to in the following subparagraphs faithfully until the relevant case is closed:
1. Matters concerning submission of a bill of complaint, bill of indictment, etc.;
2. Matters concerning pleading for a criminal case prosecuted or charged, etc.;
3. Matters concerning legal advice related to a criminal case and criminal litigation;
4. Other matters the Mayor delegates in connection with a criminal case and criminal litigation.
(3) Articles 12 and 13 shall apply to duties of a litigation clerk and an attorney in civil litigation.

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>
(2) Upon receipt of the request pursuant to paragraph (1), the legal support officer may pay the relevant expenses after undergoing the deliberation by the Litigation Council. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
[This Article Newly Inserted by Seoul Metropolitan Government Rule No. 3947, Jan. 23, 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>
(2) The head of a department in charge of civil litigation shall, where a case in civil litigation is adjudicated against him/her by intention or by gross and evident negligence of a public official under his/her control, recover expenses paid to an attorney from the relevant public officials. <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:
1. A public official designated or delegated as a litigator and attorney;
2. A litigator, etc. or a litigation official who is deemed to have performed a meritorious deed for winning a case.
(2) An award shall be issued pursuant to the following subparagraphs on the recommendation of the head of a litigation management department: Provided, That where a person of merit in the performance of litigation does not wish to receive an award, an award need not be given, and where the result of the performance of litigation is prepared and reported in Form 13, it shall be deemed that the head of the department has recommended: <Amended by Seoul Metropolitan Government Rule No. 3463, Jan. 14, 2016>
1. An award shall be decided and issued through the deliberation by the Litigation Council within 500,000 won after the evaluation of the performance of litigation in consideration of the percentage of success in a case, level of contribution, etc. in accordance with a statement of evaluation of the performance of litigation in Form 13 at the time the case on its merits is adjudicated in favor of the Seoul Metropolitan Government;
2. A litigation official may be issued an award equivalent to 30 percent of the amount determined to pay for each case (including the amount unpaid to a person of merit in the performance of litigation) pursuant to subparagraph 1 and paragraph (3).
(3) Where a person performs a meritorious deed for winning a case on its merits that has an important effect on administration and finance, and where the other party waives the whole or part (limited to an amount of at least five million won) of a money claim (limited to an amount of at least ten million won) by mutual consent, in lieu of an award pursuant to paragraph (2), a special award within the amount equivalent to ten times the amount thereof may be given.
(4) A person who is not a public official, but who provides decisive materials for or finds an opportunity of a favorable judgment may be rewarded under the Seoul Metropolitan Government Ordinance on Official Commendation.

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.
(2) The legal support officer shall be in charge of direction and supervision prescribed in paragraph (1) and the main matters aimed at shall be as follows: <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
1. Matters concerning organization and retention of litigation documents;
2. Matters concerning observance of the date for conduct of litigation documents;
3. Matters concerning fulfillment of measures incidental to the closing of litigation;
4. Matters concerning cooperation with related agencies;
5. Other matters directed by the Mayor.
(3) The legal support officer may analyze problems arising as a result of direction and supervision of litigation affairs and take necessary measures, such as improvement of the system, proposal for the amendment to Acts and subordinate statutes, etc. <Amended by Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>

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.
(2) The performance of an administrative litigation to which the Mayor, etc. is a party shall be in accordance with methods, procedures, etc. under paragraph (1).

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.
(2) Arbitration, the requested amount of which is not less than three billion won and which has an important effect on finance of the Seoul Metropolitan Government, may be designated as important arbitration and a special contingency fee may be paid therefor.
(3) The amount calculated in accordance with the following standards within the extent of 50 million won shall be paid as a special contingency fee at the time judgment of arbitration is decided:
1. Where the percentage of winning the case is not less than 60 percent and less than 80 percent, 0.6 percent of the amount of winning the case, where the percentage of winning the case is not less than 80 percent, 0.8 percent of the amount of winning the case;
2. Where the percentage of success in the case is not less than 60 percent by discontinuance of arbitration or mutual consent, 0.5 percent of the amount of winning the case.
(4) Where a case is designated as important arbitration and the value of the subject matter is less than three billion won, the value of the litigation of such a case shall be deemed three billion won.
(5) Expenses for the performance of litigation affairs of 30,000 won may be paid to a main person in charge designated as a public official performing a case in arbitration to which the Mayor, etc. is a party.

ADDENDA
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of their promulgation.
Article 2 (Applicability to Attorneys' Fees)
Notwithstanding the amended provision of Article 33, the previous provision shall apply to a retainer of attorney's fees for a litigation case in progress as at the time this Rule enters into force and a contingency fee shall apply beginning with the class of trial in progress.
ADDENDA <Seoul Metropolitan Government Rule No. 3766, Sep. 27, 2010>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of their promulgation.
Article 2 Omitted.
ADDENDA <Seoul Metropolitan Government Rule No. 3947, Jan. 23, 2014>
This Rule shall enter into force on the date of their promulgation.
ADDENDA <Seoul Metropolitan Government Rule No. 3404, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Rule shall enter into force on January 1, 2015. (Proviso Omitted)
Article 2 Omitted.
ADDENDA <Seoul Metropolitan Government Rule No. 3463, Jan. 14, 2016>
Article 1 (Enforcement Date)
This Rule shall enter into force on February 1, 2016. (Proviso Omitted)
Article 2 (Applicability to Payment Standard of Litigation Expenses)
Among the amended provisions in attached Table 1, the retainer and contingency fee shall begin applying to the relevant class of the trial of a case instituted or faced by the Mayor, etc. after this Rule enters info force.