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Disciplinary Court

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Jurisdiction

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This Court adjudicates the disciplining of the civil servants of this country, and the cases arising under Article 47, Section 1, Paragraphs 2, 3 and 4 of the Judges Act. Pursuant to Articles 4 and 5 of the Disciplinary Court Organization Act, two types of disciplinary judicial panels are established.

1.Disciplinary Judicial Panels

The Disciplinary Court has exclusive jurisdiction over cases on the discipline of civil servants. The cases on the discipline of civil servants are the cases arising under Article 2 of the Civil Servants Disciplinary Sanctions Act, which states:

If one of the following circumstances occurs and there is a necessity to discipline the civil servant, he or she shall be disciplined:

1. A civil servant carries out his or her duties illegally, fails to carry out his or her duties, or commits any other act that prevents the carrying out of his or her duties.

2. A civil servant commits an illegal act outside of his or her duties but seriously harms the reputation of the government.

The adjudication of the cases on the discipline of civil servants is one-level-two-instances. According to Article 64 of the Civil Servants Disciplinary Sanctions Act, if a party is not satisfied with the first-instance judgment rendered by the Disciplinary Judicial Panel, an appeal may be made to the second instance of the Disciplinary Judicial Panel.

2.Disciplinary Chambers of the Judiciary

Pursuant to Article 47 of the Judges Act, Disciplinary Chambers of the Judiciary are established in Disciplinary Court to adjudicate the following matters:

a. Disciplinary actions against judges.

b. Matters of complaints by judges against the revocation of appointment qualifications, removal from office, suspension of duty, discharge of duty, office transfer to positions other than judgeship, or transfer thereof.

c. Judicial supervision over matters that affect the judicial independence of judges.

d. Other matters subject to the jurisdiction of the Disciplinary Chambers of the Judiciary in accordance with the law.

Pursuant to Article 89, Section 7 of the Judges Act, the discipline of prosecutors is adjudicated by the Disciplinary Chambers of the Judiciary.

The Disciplinary Chambers of the Judiciary are one-level-two-instances. According to Article 59-1 of the Judges Act, if a party is not satisfied with the first-instance judgment rendered by a Disciplinary Chamber of the Judiciary, an appeal may be made to the second instance of the Disciplinary Chamber of the Judiciary.

  • Release Date:2023-05-15
  • Update:2023-05-17
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