Ministry of Justice to Transfer Administrative Litigation Authority from Prosecutors to Itself

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] The Ministry of Justice has decided to take over the authority for administrative litigation from the prosecution.

According to the legal community on the 4th, the Ministry of Justice is in final discussions with related agencies such as the Ministry of Economy and Finance and the Ministry of the Interior and Safety regarding the plan to expand and reorganize the National Litigation Division. The establishment of the Litigation Bureau has been pursued since the early days of the Moon Jae-in administration, and after coordination within the government, its outline was revealed in the form of a legislative notice on this day.

The Ministry plans to actively promote the expansion and reorganization of the National Litigation Division under the Legal Affairs Office, which has been responsible for civil and administrative litigation involving the state as a party, into a Litigation Bureau. As the first step, it has decided to take over the authority for administrative litigation from the prosecution.

When announcing the draft amendment to the Enforcement Decree of the State Litigation Act, the Ministry of Justice stated that it would delete and revise the delegation basis for authorities related to administrative litigation, such as the designation of litigation performers, command over litigation performers, and the appointment of litigation agents.

The Minister of Justice holds the authority to direct administrative agencies in administrative litigation where the state is a party or participant. However, in practice, this work has been carried out by the Prosecutor General and the chiefs of district prosecutors' offices who have been delegated authority by the Minister of Justice. Once the amendment is enforced, the Minister of Justice will have full authority over administrative litigation.

Meanwhile, the Ministry of Justice plans to collect opinions on this draft amendment to the enforcement decree, which is a presidential decree, until April 14, and then proceed with procedures such as submission and resolution at the Cabinet meeting before enforcement. The Ministry also plans to announce a comprehensive plan to improve national litigation administration, including organizational restructuring, within the first half of the year.

This content was produced with the assistance of AI translation services.