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State-appointed counsel system for Administrative Appeals strengthened relief of the economically...

Date
14-08-2019
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State-Appointed Counsel System for Administrative Appeals strengthened relief of the economically and socially underprivileged

Since the launch of the State-Appointed Counsel System in the administrative appeals in the late 2018, 190 appellants applied for the service and 61 of them received supports from state-appointed counsel, and the number of state-appointed counsels increased from 50 to 70

July 22, 2019

Anti-Corruption and Civil Rights Commission

The Republic of Korea

The State-Appointed Counsel System adopted in administrative appeals in the late 2018 has strengthened the relief of rights and interests of the low income people and the under privileged.

The Central Administrative Appeals Committee (CAAC) of the ACRC adopted the State-Appointed Counsel System in the late 2018. Since then, 61 appellants* received assistances from the legal experts appointed by the CAAC as state-appointed counsels. The CAAC recently appointed more court-appointed counsels to further strengthen the protection of rights and interests of low income and underprivileged.

The CAAC selected 61 appellants among the 190 applicants applied between November 1, 2018 and Jun 30, 2019 and assigned court-appointed counsels to them.

Under the State-Appointed Counsel System, the CAAC provides free legal assistance by court-appointed counsels to financially challenged people or those who needs assistance in administrative appeals service because of lack of legal knowledge.

Subjects to the service include National Basic livelihood Security recipients, Basic Pension recipients, single–parent families, Disability Pension recipients, North Korean defectors protected under the North Korean Refugees Protection and Settlement Act, and people deemed by the CCAC Chairman to have difficulties in hiring an agent due to economic reason.

To ensure more low income and underprivileged people could receive state-appointed counsel’s assistance, the CAAC has actively promoted the service, informing the service to appellants by text messages and e-mails. As a result, the number of applicants for the service increased to 190 by June, 2019 from 9 in December, 2018

In addition, for effective operation of the system, the CAAC recently increased the number of state-appointed counsels from 50 to 70, taking account regional and gender balance.

”Thanks to the State-Appointed Counsel System implemented in line with governmental innovation efforts, with the help of legal experts, state-appointed counsels, the underprivileged in our society could file an appeal against an illegal or unreasonable administrative disposition, in a more systemic way“, said Director General Heo Jae-woo of the Administrative Appeals Bureau. He added, “the CAAC will continue to enhance the effectiveness of the system and expand the system.”

 

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The CAAC has operated Administrative Appeals Mediation System since last year in order to resolve administrative appeal cases in a fair and swift manner. Under this system, the CAAC mediates a case with the consent of persons in question after taking account everything concerning the case, such as its legal and factual status and interests of the persons in concern and interested parties.

The CAAC also implements the Indirect Compulsion System. Under the system, if an administrative agency, an appellee, has not carried out the measure ruled by an administrative appeals commission for a quite long period of time, the CAAC may order the appellee to pay compensation for losses in proportion to the number of days or to compensate immediately,