Already Implemented in Six Metropolitan Councils
All 17 Metropolitan Governments Provide Support
Choi Byunggeun, a Gyeongbuk Provincial Assembly member from the People Power Party representing Gimcheon, announced on the 24th that he has sponsored the “Ordinance Bill on Support for Litigation Costs for Gyeongbuk Provincial Assembly Members and Employees” at the 359th 2nd Regular Session. The bill aims to foster an environment that encourages active legislative activities and effective work performance by assembly members and staff.
Recently, there has been an increase in cases where local assembly members and staff are embroiled in civil and criminal lawsuits during legislative activities and the course of their duties. While the executive branches of all 17 metropolitan and provincial governments nationwide currently provide litigation cost support for public officials, only six assemblies, including the Incheon Metropolitan Council, offer such support for assembly members and staff at the legislative level.
In particular, the Gyeongbuk Provincial Assembly, which operates as a metropolitan council in connection with 22 cities and counties, is exposed to a higher risk of legal disputes due to its diverse legislative activities and audit and investigation work. However, the burden of litigation costs has forced members and staff to be passive in their legislative activities and duties, making institutional improvements an urgent necessity.
The ordinance bill stipulates systematic standards and procedures for supporting litigation costs for members and staff. It includes provisions for supporting litigation costs in civil lawsuits (defendants) and during criminal investigations and prosecutions. For civil cases, support ranges from 2 million to 10 million won depending on the value of the claim. For criminal cases, 10 million won is provided for each investigation and trial stage. The bill prohibits duplicate support with the Korea Local Finance Association, mandates reimbursement in cases of intentional or gross negligence resulting in loss or a guilty verdict, and establishes a review committee composed of external experts.
Notably, to ensure fairness and transparency in supporting litigation costs, the ordinance bill calls for an external review committee consisting of lawyers with litigation experience and experts in legislative and legal fields. It also allows those who receive suspended indictments, suspended sentences, or probation during active legislative or work activities to apply for litigation cost support, thereby encouraging proactive public service. The bill is retroactively applicable to cases that were concluded with a non-prosecution decision or an acquittal within six months prior to the enforcement of the ordinance, ensuring the protection of the rights of members and staff who have unfairly borne litigation costs.
Choi Byunggeun, who sponsored the ordinance bill, stated, “While executive branch officials receive support for litigation costs related to their duties, local assembly members and staff-who serve as the representatives of residents-do not have such protections, forcing them to be passive in their legislative activities due to the burden of litigation costs. Through this ordinance, I hope to create an environment where members and staff can actively perform their legislative and work duties without worrying about litigation costs.”
The ordinance bill passed the review of the Gyeongbuk Provincial Assembly’s Steering Committee on the 21st and is scheduled for final approval at the plenary session on December 10.
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