CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Rule is to prescribe matters necessary for managing affairs concerning litigations to which the Seoul Metropolitan Government or the Mayor of the Seoul Metropolitan Governmentand the head of an administrative agency under its jurisdictionis a party, participant or intersted person; and for managing cases related to official duties performed as a public official of the Seoul Metropolitan Government or an administrative agency under its jurisdiction.

Article 2 (Definitions) The definitions of terms used in this Rule shall be as follows:
1. The term "litigation case" means an administrative litigation (including adjudications under jurisdiction of the Constitutional Court; hereinafter the same shall apply), civil litigation or arbitration case to which Seoul Metropolitan Government, or the Mayor of the Seoul Metropolitan Government or the head of an administrative agency under its jurisdiction (hereinafter referred to as the "Mayor, etc.") is a party, participant or interested person;
2. The term "official duties-related case" means a criminal case and civil litigation to which a public official who has performed 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 jurisdiction;
3. The term "litigation affairs, etc." means affairs related to litigation cases and official duties-related cases;
4. The term "litigator" means a public official designated to directly perform affairs for a litigation case or an official duties-related case;
5. The term "litigation representative" means an attorney-at-law entrusted with power of attorney necessary for affairs for an administrative litigation case or an official duties-related case;
6. The term "litigation clerk" means a public official designated to manage necessary affairs by assisting an attorney-at-law where the attorney-at-law is a litigation representative;
7. The term "litigation assistant" means a public official designated to manage necessary affairs by assisting a litigator, a litigation clerk and a litigation representative;
8. The term "public official handling litigation affairs" means a public official designated to command litigation affairs;
9. The term "winning of litigation" means receiving a favorable judgment when considering the purpose of a litigation, and the whole winning of litigation shall be referred to as "winning of litigation", at least 50% winning of litigation as "partial winning of litigation", less than 50% winning of litigation as "partial loss of litigation", and the whole loss of litigation as "loss of litigation": Provided, That in cases of preparing statistics concerning litigation affairs, they may be prepared by including partial winning of litigation in the category of winnings of litigation and, partial loss of litigation in the category of losses of litigation.

Article 3 (Management of Litigation Cases) (1) An officer in charge of legal assistance shall manage the litigation cases: Provided, That if deemed necessary, an officer in charge of legal assistance may separately designate the head of a litigation management department (hereinafter referred to as "the head of a separately designated litigation management department").
(2) An officer in charge of legal assistance shall designate a litigation support department for each litigation case, in consideration of affairs involving the relevant litigation case.
(3) In any of the following cases, the officer in charge of legal assistance may additionally designate a litigation support department, and, in such cases, designate a primary litigation support department:
1. A litigation case whose departments in charge of its relevant affairs are two or more or unclear;
2. Other litigation cases deemed by the Mayor to be in need of an additional litigation support department.

CHAPTER Ⅱ PERFORMANCE OF LITIGATION Article 4 (Receipt of Litigation Documents) (1) The head of documents management department in receipt of litigation documents shall transfer such documents to the official in charge of legal assistance in preference to other documents.
(2) Where the head of a department in charge of a litigation-involving affair receives litigation documents, he/she shall immediately transfer them to an officer in charge of legal assistance.

Article 5 (Examination of Litigation Documents) All litigation documents shall be referred to the officer in charge of legal assistance for advance examination.

Article 6 (Decision of Policy concerning Litigation) (1) Where a litigation is filed against the Mayor, etc., an officer in charge of legal assistance shall decide whether to respond to such litigation (hereinafter referred to as a "policy for responding to a litigation in prior consultation with the head of the litigation support department"). The same shall apply to an appeal, or the waver of an appeal, to a higher court, and whether to file a counter litigation (hereinafter referred to as a "policy to file an appeal" or a "policy to waive an appeal", and a "policy to file a counter litigation").
(2) Where the Mayor, etc. intends to file a litigation as a plaintiff or to participate in a litigation involving other person(s); or the head of the department in charge of a litigation-involving affair decides whether to file a litigation or whether to participate in a litigation involving other person (hereinafter referred to as a "policy to file a litigation") in prior consultation with the official in charge of legal assistance and requests the official in charge of legal assistance to perform a litigation.
(3) Where the head of a department in charge of a litigation-involving affair intends to file a litigation pursuant to paragraph (2), he/she shall file a litigation only where he/she deems that there is any interest to file such litigation or a possibility of winning such litigation after closely investigating, analyzing and examining the factual relations and securing evidential documents.
(4) Where the objectives of a litigation are realized after such litigation is filed pursuant to paragraph (3), the official in charge of legal assistance may decide whether to withdraw such litigation in consultation with the head of the litigation support department. The same shall also apply in cases of withdrawing an appeal.
(5) With respect to a case in which the head of the litigation management department has been separately designated pursuant to the proviso to Article 3 (1) (hereinafter referred to as a "case for which the litigation management department is separately designated"), notwithstanding paragraphs (1) through (4), the head of the separately designated litigation management department shall decide whether to respond to a litigation, whether to file or waive an appeal, whether to file a counter litigation, whether to file a litigation or whether to withdraw a litigation, in prior consultation with the officer in charge of legal assistance.
(6) Guidelines for litigations shall include the following matters:
1. A policy to respond to a litigation:
(a) Manifestation of a case (case number, the name of a case, the parties concerned, etc.);
(b) The purpose of the claim and causes for the claim;
(c) The gist of the judgment and causes of the appeal of the other party in case of responding to an appellate trial;
(d) The reasons for responding to a litigation (including the opinion of the litigation representative where such representative has been appointed for an appellate trial);
(e) Matters concerning designating of a litigator or a litigation clerk (hereinafter referred to as "a litigator, etc.") and a litigation assistant, and appointing of a litigation representative;
(f) The received written complaint;
(g) Evidential materials and other materials for reference;
2. A policy to file an appeal or to waive an appeal:
(a) Manifestation of a case (case number, the name of a case, the parties concerned, etc.);
(b) The purpose of claim and causes for claim;
(c) The holding and gist of the judgment of the preceding trial;
(d) Causes for the filing or waiver of an appeal (including the opinion of the litigation representative where such representative has been appointed);
(e) Matters concerning of designating of a litigator, etc. and a litigation assistant; and appointing of a litigation representative;
(f) The written judgment of the preceding trial;
(g) Evidential materials and other materials for reference.
3. A policy to file for a litigation (including participation in a litigation) or counter litigation:
(a) Manifestation of a case (case number, the name of the case, the parties concerned, etc.);
(b) The purpose of the claim;
(c) The causes for the claim (background of the institution of a litigation);
(d) The cause for filing a litigation (including of the necessity of participation in a litigation in cases of participating therein);
(e) Matters concerning designating of a litigator, etc. and a litigation assistant, and appointing of a litigation representative;
(f) Evidential materials and other materials for reference.

Article 7 (Designation of Litigator, etc. Litigation Assistant and Litigation Representative) (1) The official in charge of legal assistance shall designate litigators, etc. and litigation assistants for each litigation case as in the following classifications. In such cases, he/she may designate a litigator in chief and a litigation assistant in chief:
1. Litigators, etc.: at least two persons, including one public official of Grade V and one performer in chief of the litigation management department;
2. Litigation assistants: At least wo persons, including one public official of Grade V (referring to his/her immediate subordinate, if the head of the department is an official of Grade V) and one litigator in chief of each litigation support department.
(2) The official in charge of legal assistance may appoint a litigation representative for a litigation case based on the following standards:
1. A litigation case for which the appointment of a litigation representative is required by any statute, etc.;
2. A litigation 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. A litigation case in which securing of confidence in the administration is deemed to be difficult, and a new precedent different from the normal precedent of the administration may be formed in cases of losing the litigation.
(3) In case of a litigation case the litigation management department for which is separately designated, the head of the separately designated litigation management department shall request the officer in charge of legal assistance to designate litigators, etc. and litigation assistants and to appoint a litigation representative, as determined pursuant to the policy concerning the litigation.
(4) The official in charge of legal assistance shall issue a certificate of designation or a power of attorney to the litigators designated pursuant to paragraph (1) and the litigation representative appointed pursuant to paragraph (1), as in the following classifications:
1. A certificate of designation of litigators under attached Form 1 in case of the litigators designated to directly perform an administrative litigation;
2. An application for permission of litigation representation, and a power of attorney on litigation under attached Form 2 in case of the litigators designated to directly perform a civil litigation;
3. A power of attorney on litigation under attached Form 3 in case of a litigation representative
(5) Where the Mayor, etc., and a public official under his/her control or an autonomous Gu of the Seoul Metropolitan Government (hereinafter referred to as an "autonomous Gu") are joint parties concerned in the same case, they may jointly appoint a litigation representative for the joint parties sharing the same interest.

Article 8 (Duties of Litigation Clerks) A litigation clerk shall perform the following duties by helping a litigation representative until the relevant litigation case is concluded:
1. Matters concerning preparation, execution and reporting of guidelines for the litigation;
2. Matters concerning investigation, collection, and submission of various materials necessary for litigation affairs, etc.;
3. Matters concerning report of matters on the progression of litigation under attached Form 5 or Act on Litigation to Which the State Is a Party after attendance and presentation before the court on the date for pleading, etc.;
4. Matters concerning preparation, retention, and management of the records of a litigation;
5. Other matters directed by the Mayor and matters requested by a litigation representative.

Article 9 (Duties of Litigator and Litigation Representative) (1) A litigator and a litigation representative shall faithfully perform the following duties on the relevant litigation case:
1. Submission of a written complaint, a written appeal, etc.;
2. Submission of defenses, preparatory documents, documentary evidence, etc.;
3. Attendance and statements before the court on the designated date for pleading;
4. Submission of an analysis table of the loss of litigation under attached Form 4 after a final and decisive judgment is rendered;
5. Other matters delegated and other matters directed by the Mayor.
(2) A litigator and a litigation representative shall immediately report to the Mayor when any of the following matters occurs on the progression of the litigation:
1. Matters concerning report of matters on the progression of litigation under attached Form 5 or Act on Litigation to Which the State Is a Party after appearance and attendance on the date for pleading, etc.;
2. Matters concerning the performance of duties pursuant to paragraph (1);
3. Matters concerning designation of the date for pleading;
4. Matters that occur newly during the progression of litigation and the expected problems;
5. Matters concerning whether the other party appeals against a case in which a favorable judgment has been rendered;
6. Analysis of the causes for losing a case and an opinion on whether to file an appeal.
(3) The litigator who is issued a letter of designation to directly perform a litigation case pursuant to Article 7 (4) shall perform the duties under paragraph (1) and (2) of this Article and Article 8.
(4) If requested by the Mayor, a litigation representative shall send to the Mayor the litigation documents and materials of the relevant case delegated to him/her.

Article 10 (Duties of Litigation Assistant) A litigation assistant shall perform the following duties by helping litigators, etc. and a litigation representative until the relevant litigation case is concluded:
1. Matters concerning the submission of opinions necessary for performing a litigation case, such as decision of a policy to file for various litigations and the submission of documents;
2. Matters concerning the confirmation of various factual relations and the investigation, collection, and submission of litigation materials;
3. Matters concerning the guidance of on-the-spot inspection if necessary, attendance before the court on the date for pleading, etc.;
4. Other matters directed by the Mayor and matters requested by litigators, etc. and a litigation representative.

Article 11 (Notification of Litigation) (1) Where there is any other interested person in a litigation case, the head of the litigation management department shall notify such interested person of the litigation case so that he/she can participate in the litigation.
(2) Where the head of a litigation management deems that a litigation case is related to affairs of any other department or agency, or the result of litigation has an effect on affairs of any other department or agency, he/she shall notify the relevant department or agency of such fact and request for cooperation or take necessary measures.
(3) Upon receipt of a document notifying a litigation, an officer in charge of legal assistance shall, transfer it to the head of a department in charge of a litigation-involving affair, and such head shall decide whether to participate in the litigation according to Article 6 (2).

Article 12 (Measures After Judgment is Rendered) (1) When a judgment is rendered, the head of the litigation management department shall confirm the content of such judgment and take necessary measures based thereon in consultation with the head of a litigation support department.
(2) The head of the litigation management department who receives a judgment document shall analyze the content of and reasons for such judgment and examine whether to file an appeal.
(3) Where an unfavorable judgment granting the provisional execution is rendered, an officer in charge of legal assistance shall examine whether to make the provisional payments, etc. and whether to apply for the suspension of compulsory execution in consultation with the head of a litigation support department or the head of the separately designated litigation management department.

Article 13 (Making of Provisional Payments) (1) Where the Seoul Metropolitan Government loses a litigation case aiming at the payment of money, the head of a litigation support department and the head of a separately designated litigation management department shall decide whether to make provisional payments of a judgment award, taking into comprehensive account the interest incurred during the period of appeal trial, probability of winning the appeal, possibility of the return of the provisionally paid judgment award in case of winning the case, and the review opinion of the officer in charge of legal assistance under Article 12 (3).
(2) Where an unfavorable judgment against the Seoul Metropolitan Government becomes final and decisive in a litigation case aiming at the payment of money, the head of a litigation support department and the head of a separately designated litigation management department shall immediately exempt the relevant debt by means of voluntary payment or payment deposit.
(3) In cases of paying a judgment award pursuant to paragraphs (1) or (2), litigators and litigation assistants shall secure materials verifying the payment such as the receipt of the other party to the litigation.
(4) In cases of making voluntary payment in consultation with the party concerned, a written request for voluntary payment under attached Form 6 may be used.

Article 14 (Appeal) In cases of intending to file an appeal due to dissatisfaction with a judgment, it shall be required to clarify reasons for dissatisfaction and to make examination by comparing and weighing the amount claimed and the degree of dissatisfaction, especially with respect to a case aiming at payment of money.

Article 15 (Waiver of Appeal) (1) Where the head of the litigation management department deems that there are no grounds for dissatisfaction with a judgment, an appeal lacks merit, or in any of the following cases, he/she may waive an appeal in prior consultation with the head of the litigation support department:
1. Where it is deemed that reasons for judgment are clear and there is no claim for any previously unknown fact;
2. Where it is deemed that reasons for judgment correspond to firmly established precedents, such as judgments of the Supreme Court and thus there is no possibility of winning the case.
(2) Article 6 (5) shall apply to the cases for which the litigation management department is separately designated.

CHAPTER 4 MEASURES AFTER A JUDGMENT BECOMES FINAL Article 16 (Measures after Favorable Judgment Becomes Final) (1) Where a winning judgment for the Seoul Metropolitan Government becomes final in a litigation case, the head of a litigation support department and the head of the litigation management department shall take necessary measures for the following matters:
1. Collecting of the judgment award, etc. (including the return of provisionally paid award in a litigation case in which provisional payments are made);
2. Collecting of a security or deposit;
3. Revoking of provisional attachment or provisional disposition;
4. Other matters deemed necessary.
(2) The head of the litigation management department shall deal with affairs concerning collecting of litigation expenses: Provided, That the head of the litigation management department may abandon the collection of litigation expenses in any of the following cases, and shall consult with the official in charge of legal assistance with respect to a litigation case for which the litigation management department has been separately designated:
1. Where the amount to be collected is less than 300,000 won;
2. Where the other party has no economic capability;
3. Where the head of the litigation management department agrees to withdraw a litigation the objective of which has been realized;
4. Where it is deemed inappropriate to burden the other party with litigation expenses, such as where the amount to be collected on an individual basis in a litigation involving multiple parties is a small sum.

Article 17 (Measures after Unfavorable Judgment Becomes Final) (1) Where an unfavorable judgment against the Seoul Metropolitan Government becomes final in a litigation case, the head of the litigation management department shall take necessary measures for the following matters:
1. Canceling or changing of a disposition;
2. Measures that require changes of rights;
3. Collecting of a security or deposit;
4. Paying of a judgment award or litigation expenses;
5. Where reasons for losing the case are due to the defects in any statutes or system, a proposal for the amendment of the statutes or the improvement of the system;
6. Other matters deemed necessary.
(2) Where an unfavorable judgment against the Seoul Metropolitan Government becomes final in a litigation case, the head of the litigation management department shall handle the administrative affairs concerning the payment of litigation expenses.
(3) Where a judgment award (excluding where the judgment award is paid under special accounting) and litigation expenses under paragraphs (1) 4 and (2) is paid, and the amount thereof is not more than 100 million won, such payment may be executed preferentially by utilizing the expenditure budget of the officer in charge of legal assistance. In such cases, the head of the litigation support department and the head of the management department of a separate litigation shall pre- consult with the officer in charge of legal assistance.
(4) Where an unfavorable judgment against the Seoul Metropolitan Government becomes final in a litigation case, the officer in charge of legal assistance may notify the head of the litigation support department of his/her opinion on the following matters:
1. Where a typical or repeated disposition has been taken in many litigation cases, and the cancellation or alteration of a disposition, a re-disposition or a subsequent measure is necessary because similar litigations have been continuously filed as a result of the fact that such disposition involves interests of many people;
2. Where it is necessary to propose the enactment or amendment of any statutes or the improvement of any system because the loss in a litigation is due to contradiction, a defect or deficiency of any statute or any system;
3. Other matters deemed necessary by the Mayor.

Article 18 (Exercise, etc. of Right to Indemnity) (1) Where it is suspected that the cause of loss in a litigation is attributable to any litigator, etc. or any litigation assistant, such as neglect of the litigation by intention or gross negligence, the head of the litigation management department shall inform the audit and inspection department of such fact for the exercise, etc. of the right to indemnity.
(2) The audit and inspection department in receipt of notification under paragraph (1) from the head of the litigation management department shall investigate whether the cause of loss in a litigation is due to the intention or gross negligence of the litigator, etc. or any litigation assistant and submit the result of investigation to officer in charge of legal assistance, who, in turn, shall decide whether to exercise the right to indemnity via a deliberation by the Litigation Council of Seoul Metropolitan Government (hereinafter referred to as the "Litigation Council").
(3) In cases prescribed in paragraph (2), the head of the litigation management department may waive the exercise of the right to indemnity under the direction of the Litigation Council where the attributable person is deemed not to have property enough to pay the indemnity or it is deemed unnecessary to claim the indemnity due to any other reason

CHAPTER 5 OFFICIAL DUTIES-RELATED LITIGATION CASE Article 19 (Performance of Litigation Procedures, etc.) (1) Where the head of a department in charge of a litigation-involving affair related to an official duties-related litigation case recognizes the necessity for a litigation representative after the relevance of such litigation case to his/her official duties, he/she may request the appointment of a litigation representative according to the policy of the immediate superior after prior consultation with the officer in charge of legal assistance. In such case, the party concerned shall submit the written confirmation under attached Form 7.
(2) Articles 4 through 10, 11, 12, 16 through 18, 29, 30 and 32 shall apply mutatis mutandis to procedures for litigation, such as the acceptance of an official duties-related litigation case, the designation of a litigation representative, and designation as an important litigation.
(3) A power of attorney on litigation under attached Form 3 shall be delivered to a litigation representative in a civil litigation appointed pursuant to paragraph (2).

Article 20 (Time Limit for Support) (1) The time limit for supporting an official duties-related litigation case shall be until the investigation by the Prosecution of the relevant litigation case is closed (not including any subsequent criminal trial) in case of a criminal case and shall be until the relevant litigation case is closed in case of a civil case.
(2) Notwithstanding paragraph (1), support shall be given until the relevant litigation case is closed in case of a criminal case in which the Mayor or a public official in charge files a criminal complaint or accusation as a complainant or accuser.

Article 21 (Duties of Litigation Clerk and Litigation Representative) (1) The head of a department in charge of a litigation-involving affair of a criminal case shall perform the following duties 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 evidential documents, etc. related to investigation;
3. Report of the progress of investigation and the result of the case;
4. Other matters directed by the Mayor.
(2) An attorney-at-law or representative for a criminal case shall perform the following duties faithfully until the relevant case is closed:
1. Matters concerning submission of a bill of complaint, bill of indictment, etc.;
2. Matters concerning pleading in a criminal case such as in cases of being accused or criminally charged;
3. Matters concerning legal advice related to a criminal case and criminal proceedings;
4. Other matters the Mayor delegates in connection with a criminal case or criminal litigation.
(3) Articles 8 and 9 shall apply to duties of a litigation clerk and a litigation representative in a civil litigation.

Article 22 (Attorney's Fees, etc.) In cases of delegating an official duties-related case, the retainer, contingency fee, and other litigation expenses shall be paid as attorney's fee; and standards for payment thereof shall be as specified in attached Table.

Article 23 (Payment of Expenses for Trial of Official Duties-Related Case) (1) An official duties-related case that may have a significant effect on the Seoul Government's administration, where the judgment of being found not guilty (including the decision on the dismissal of a public prosecution) of the public official who conducted such duties becomes final, the expenses for the appointment of an attorney-at-law 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 standards for criminal cases in attached Table.
(2) In cases referred to in paragraph (1), the head of the department in charge of a litigation-involving affair related to the relevant official duties-related case shall request the officer in charge of legal assistance to pay the expenses above according to the policy of the immediate superior.

Article 24 (Recovery of Expenses) (1) The head of a department in charge of a litigation-involving affair related to an official duties-related case shall, where a public official under his/her control is indicted, take measures for the recovery of expenses paid to a litigation representative for a criminal case and then recover the expenses incurred therein from the relevant public official at the time the conviction of such public official becomes final.
(2) In any of the following cases, the head of a department in charge of a litigation-involving affair related to an official duties-related case shall recover litigation expenses from the relevant public official:
1. Recovering of the litigation expenses paid to the litigation representative, where an unfavorable judgment against the Seoul Metropolitan Government becomes final in a civil litigation case due to the intention or gross and obvious negligence of such public official;
2. Recovering of the litigation expenses paid to the litigation representative within the scope of the amount ordered to be paid by a final and conclusive judgment, where the relevant public official wins the litigation for claiming the payment of money.

CHAPTER 6 ARBITRATION CASE AND ADMINISTRATIVE ADJUDICATION CASE Article 25 (Performance of Affairs Related to Arbitration Case) With respect to a judicial dispute to which the Mayor, etc. is a party, where the head of a department in charge of a litigation-involving affair intends to settle the dispute not by judgment of the court but the award of arbitrators pursuant to the Arbitration Act based on the mutual consent of the relevant parties, he/she shall decide policies on the performance of arbitration in prior consultation with the officer in charge of legal assistance.

Article 26 (Procedures for Performance of Arbitration, etc.) The provisions of Articles 3 through 11, 16 through 18, 29 and 32 shall apply mutatis mutandis to procedures, methods, scope of duties, etc. related to the performance of arbitration, such as a department in charge of the performance of arbitration, the preparation and management of documents for arbitration, and the designation of a litigation clerk and a representative for arbitration.

Article 27 (Fees of Representative for Arbitration, etc.) A retainer, a contingency fee, and other arbitration expenses shall be paid as fees for representative for arbitration, and the standards for payment shall be as specified in the payment standards for cases on the merits related to a civil litigation and an administrative litigation under attached Table.

Article 28 (Appointment of Representative for Administrative Adjudication Case) (1) For a case of an administrative adjudication (including a special administrative adjudication, such as a tax adjudication) which has a significant effect on the Seoul Government's administration, an attorney-at-law may be designated as the representative of such administrative adjudication, and, in such case, the procedure of handling affairs for litigation cases of this Rule shall apply mutatis mutandis to the relevant administrative adjudication case.
(2) A retainer, a contingency fee and other administrative adjudication expenses shall be paid as fees for the attorney-at-law who is the representative for administrative adjudication, and the payment standards thereof shall correspond to the payment standards for administrative litigation cases under attached Table.

CHAPTER 7 DESIGNATION OF IMPORTANT LITIGATION AND REVOCATION OF DESIGNATION THEREOF Article 29 (Designation of Important Litigation and Revocation of Designation thereof) (1) In any of the following cases, the officer in charge of legal assistance may designate such case as an important litigation via a deliberation by the Litigation Council pursuant to Article 31 at the request of the head of the litigation management department or ex officio:
1. An administrative litigation case (including a special administrative adjudication case, such as a tax adjudication) that has a significant effect on the municipal administration of the Seoul Metropolitan Government, an official duties-related case and an adjudication case under the jurisdiction of the Constitutional Court;
2. A civil litigation case or arbitration case the value of the object of which is at least three billion won and which has a significant effect on the finance of the Seoul Metropolitan Government;
3. Other litigation cases that may have a significant effect, especially on the municipal administration of the Seoul Metropolitan Government.
(2) The officer in charge of legal assistance may adjust the amount of the special retainer determined pursuant to Article 31 (1) or revoke the designation of an important litigation via a deliberation by the Litigation Council at the request of the head of the litigation management department or ex officio.
(3) Where the officer in charge of legal assistance deems that a unified response is needed in a series of litigations since their issues are common, he/she may designate an important litigation by regarding them as one important litigation.
(4) Notwithstanding paragraph (1), in case of an application case, an officer in charge of legal assistance may designate such case as important application case at the request of the head of the litigation management department.

CHAPTER 8 PAYMENT OF LITIGATION EXPENSES Article 30 (Attorney's Fees, etc.) (1) A retainer, contingency fee and other litigation expenses as attorney's fees shall be paid to a litigation representative for each class of trial and the standards for payment shall be as attached Table; and where at least two litigation representatives 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 is closed by its withdrawal, etc. before the documents on a case on its merits are submitted.
(2) Notwithstanding paragraph (1), where the Mayor request one or more litigation representatives to perform multiple litigation cases or official duties-related cases of the same type, he/she may separately determine and pay litigation expenses in consultation with the litigation representatives 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 litigation representatives under Article 13 (3): Provided, That this shall not apply to a litigation case designated as an important litigation.
(4) In a case in which the Seoul Metropolitan Government files a litigation, a litigation representative shall apply for a retainer after submitting to the competent court either a complaint or a document on a case on its merits such as a written defense in a case of being accused to the competent court on at least one occasion.
(5) For litigation expenses for a litigation case for which a litigation representative is appointed by the head of an autonomous Gu (hereinafter referred to as the "head of a Gu") as a party to that litigation case, such head of a Gu shall pay litigation expenses pursuant to paragraphs (1) through (3): Provided, That this shall not apply if otherwise approved or if deemed necessary by the Mayor.
(6) When calculating the percentage of winning of the case for payment of a contingency fee, any legal interest not reflected in the value of the object of litigation in the payment standards for litigation expenses under paragraph (1) may be also reflected in calculating such percentage.

Article 31 (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 29.
(2) An amount determined within the extent of 30 million won when a case is designated as an important litigation by the Litigation Council shall be paid as a special retainer and shall be paid by class of trial, beginning with the class of trial which is in progress at the time it is designated as important litigation: Provided, That where a retainer has been paid in advance pursuant to Article 31 (1), the remaining amount calculated by deducting such retainer shall be paid.
(3) A contingency fee by class of trial shall be paid according to the attached Table, and an amount calculated in accordance with the following standards within the extent of 100 million won shall be paid as a special contingency fee after the judgment becomes final, which shall be the remaining amount calculated by deducting the contingency fees already paid by class of trial:
1. Where the percentage of winning of the litigation (including compromise and mediation) is at least 60 percent, the 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 litigation is withdrawn or the other party approves and accepts the claim of the Seoul Metropolitan Government, the amount calculated by multiplying 0.5 percent of the value of the object of litigation.
(4) The value of the object of litigation in a litigation case designated as important litigation shall, if it is less than three billion won, be deemed three billion won.
(5) One million won including the amount prescribed in Article 30 (1) shall be paid as a special retainer of an important application case designated pursuant to Article 29 (4), and a special contingency fee shall be paid within the extent of three million won, but if the purpose of litigation is achieved, three million won shall be paid; if the percentage of winning of the litigation is at least 60 percent, which is calculated by adding up the value of the object of litigation and legal interest, an amount calculated by multiplying the percentage of winning of the litigation in the case by three million won shall be paid; and if the litigation is withdrawn or the other party approves and accepts the claim of the Seoul Metropolitan Government, one and a half million won shall be paid.
(6) In case of an arbitration case which is designated as an important litigation case, 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 the arbitral award becomes finally conclusive. In such case, the special contingency shall include a contingency under Article 27 (1):
1. 0.6 percent of the amount of winning of the case, where the percentage of winning of the case is at least 60 percent but less than 80 percent; and 0.6 percent of the amount of winning of the case, where the percentage of winning of the case is at least 80 percent;
2. 0.5 percent of the amount of winning of the case, where the percentage of winning of the case is at least 60 percent due to withdrawal of arbitration or mutual agreement.

CHAPTER Ⅸ LITIGATION COUNCIL OF SEOUL METROPOLITAN GOVERNMENT Article 32 (Establishment and Operation of Litigation Council of Seoul Metropolitan Government) (1) The Litigation Council shall be established to deliberate on designation of important litigation, etc. concerning litigation affairs 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 by Article 31 (2);
2. Determination of important matters—such as compromise, conciliation, and waiver of appeal—of a case referred to the Litigation Council by the officer in charge of legal assistance;
3. Matters concerning the payment of expenses for trial of an official duties-related case;
4. Determination of whether to exercise the claim for indemnity against the attributable person;
5. Determination of whether to pay a special contingency fee and the amount thereof;
6. Waiver of collection of litigation expenses;
7. Other matters the Mayor deems necessary for a litigation case.
(3) The Litigation Council shall be comprised of not more than nine members, including the chairperson, and the director general for planning and coordination shall be the chairperson and the members shall be comprised of the policy planning officer, officer in charge of evaluation, officer in charge of investigation, officer in charge of legal affairs, an officer in charge of legal assistance and two legal advisers of 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.
(4) 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 judicial officer shall be the administrative secretary and clerk, respectively.
(5) The chairperson shall call a meeting of the Litigation Council and a majority of the members of the Council shall constitute a quorum and any decision thereof shall require a concurring vote of at least 2/3 of those present.
(6) Where the chairperson has any matter to be deliberated on 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, any decision thereof shall require a concurring vote of at least 2/3 of those present.
(7) The administrative secretary shall prepare the minutes of meetings of the Litigation Council and report the same to the chairperson.

CHAPTER 10 SUPPLEMENTARY PROVISIONS Article 33 (Performance of State Litigation, etc.) (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) An administrative litigation to which the Mayor, etc. is a party shall be in accordance with methods, procedures, etc. under paragraph (1).

Article 34 (Award, etc. to Persons of Merit in Performance of Litigation) (1) Where the Mayor, etc. obtains a judgment of winning of at least 60 percent of the standards in a case on its merit, an award and a monetary award within the budget shall be granted to the following persons:
1. A public official designated or delegated as a litigator and attorney;
2. A public official handling litigation affairs who is deemed to have distinguished merit in winning a litigation.
(2) A monetary award shall be paid according to the following as recommended by the head of the litigation management department or the head of the litigation support department, and such payment shall be paid by class of trial:
1. A litigation assistant: Not more than 100,000 won for a monetary award shall be paid for each litigation case, but, if there are two or more litigation assistants for the same litigation case, the amount of a monetary award determined shall be divided to be paid to them, based upon their respective contributions to the winning of the litigation and so forth;
2. A litigator, etc. in a case for which the litigation management department is separately designated: Not more than 150,000 won for a monetary award shall be paid per litigation case, but, if there are two or more litigators, etc., for the same litigation case, the amount of a monetary award determined shall be divided to be paid to them, based upon their respective contributions to the winning of the litigation and so forth;
3. A monetary award equivalent to 80% of the amount of a monetary award determined pursuant to subparagraphs 1, 2 and 3 may be paid to a public official handling litigation affairs and a litigator, etc. under the control of the officer in charge of legal assistance. In such cases, methods for paying the monetary award shall be separately determined;
4. In any of the following cases, a monetary award reduced by 50 % of the amount prescribed in subparagraphs 1 and 2 may be paid:
(a) A case the litigation value of which is not more than 3,000,000 won;
(b) A case with respect to which the Mayor deems it necessary to pay a reduced monetary award, such as a litigation concerning the claim amount for indemnity related to a road, and a litigation concerning the revocation of a disposition of imposing a surcharge related to transportation;
5. No monetary award may be paid in any of the following cases:
(a) A case the litigation value of which is not more than 500,000 won;
(b) A case which is closed within less than three months due to the withdrawal of a litigation (including the withdrawal of an appeal);
(c) Other cases with respect to which the Mayor deems it improper to pay a monetary award.
(3) In cases of having distinguished merits in receiving at least 60% of winning judgment in a case on merits designated as an important litigation case, a special monetary award may be paid within the amount equivalent to ten times the amount thereof may be given. In such cases, paragraph (1) 1 through 3 shall apply to the methods for paying such award.
(4) A person, other than a public official, who provides crucial materials or create a momentum for receiving a winning judgment may be awarded under the Seoul Metropolitan Government Ordinance on Official Commendation.

Article 35 (Management of Litigation Documents) (1) The head of the 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. Written complaints and writs of summons;
2. Documents that determine policies concerning litigation, such as filing of a litigation, response to a litigation, filing of an appeal, bringing of a counter litigation, and waiver of an appeal;
3. Documents of 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) Where an officer in charge of legal assistance makes requests for directing litigation affairs or for other purposes, the officer in charge of legal assistance shall keep and manage original copies of written decisions, and the head of a separately designated litigation management department shall submit a copy of litigation documents to him/her.

Article 36 (Support, Direction and Supervision of Litigation Affairs) (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 efficiently directing and managing litigation affairs and improving problems related thereto.
(2) The officer in charge of legal assistance shall be in charge of directing and supervising prescribed in paragraph (1), and the major matters to be achieved shall be as follows:
1. Matters concerning arrangement and preservation of litigation documents;
2. Matters concerning observance of the due date for treating litigation documents;
3. Matters concerning reports according to the progress of the litigation;
4. Matters concerning fulfillment of measures incidental to the closing of litigation;
5. Matters concerning cooperation with related agencies;
6. Other matters directed by the Mayor.
(3) The officer in charge of legal assistance may analyze problems arising as a result of directing and supervising litigation affairs and take necessary measures, such as improvement of the system, proposal for the amendment to statutes, etc.
(4) If deemed necessary due to the possibility that a litigation case to which an autonomous Gu or the head thereof is a party might have influence on the municipal administration or finance of the Seoul Metropolitan Government, the Mayor may give necessary support, such as appointing a representative with the Seoul Metropolitan Government's budget.

Article 37 (Violation of Provisions, etc. concerning Prior Consultation and Performance of Duties) The officer in charge of legal assistance shall notify the head of the audit and inspection department, where: the head of the litigation management department or the head of the litigation support department violates provisions concerning prior consultation or performance of duties prescribed this Rule; where there is a likelihood of losing a litigation or increasing the extent of loss in a litigation case; there actually occurs loss in a litigation case increase in the extent of such loss, by violating provisions concerning performance of duties, such as the delay of submitting materials or opinions necessary for litigation.

Article 38 (Reporting, etc. of Litigation of Autonomous Gus) (1) The head of an autonomous Gu of the Seoul Metropolitan Government shall pre-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 officer in charge of legal assistance and the head of the department in charge of a litigation-involving affair):
1. A litigation case related to at least two autonomous Gus;
2. A litigation case filed regarding the delegated affairs, with the value of the object exceeding 100 million won;
3. A litigation case that may have a significant influence on the administration or finance of the Seoul Metropolitan Government and the relevant autonomous Gu when it loses the case.
(2) The head of the department in charge of a litigation-involving affair of the Seoul Metropolitan Government may request the officer in charge of legal assistance to participate in a litigation after examining whether to participate in such litigation case reported by the head of a Gu pursuant to paragraph (1). In such cases, he/she shall pre-consult with the officer in charge of legal assistance.
(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 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.

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