Chapter 8 Disciplinary Actions towards Attorneys
Section 3 Procedures for Re-Examination
The attorney referred to disciplinary proceedings or the authority or organization referring to disciplinary proceedings that is not satisfied with the resolution of the Attorney Disciplinary Committee may request a re-examination of such resolution, provided he/she/it shall do so within 20 days from the date of receipt of the resolution.
In case of a request for re-examination, a letter stating the reasons and its copy shall be submitted to the Attorney Disciplinary Committee.
The Attorney Disciplinary Committee shall submit the copy of the letter stating the reasons for requesting the re-examination to the original referring authority or organization group or the attorney being referred to disciplinary proceedings.
The recipient stated in the preceding paragraph may submit an opinion or defense within ten days of receipt of such copy.
Upon the expiry of the period stated in the preceding paragraph, the Attorney Disciplinary Committee shall promptly submit the entire files together with the opinion and defense said in the foregoing paragraph to the Attorney Disciplinary Re-Examination Committee.
Where the Attorney Disciplinary Re-Examination Committee determines that the request for re-examination is illegal or unreasonable, it shall resolve that such request should be dismissed.
For the original resolution which is improper based on its reasons but is justified by other reasons, the Attorney Disciplinary Re-Examination Committee should determine that the request for re-examination should be unreasonable.
If the Attorney Disciplinary Re-Examination Committee finds that the request for re-examination is reasonable, the original resolution shall be revoked and replaced by a new resolution.
The provisions of Section 2 hereof shall apply to the re-examination procedure of the Attorney Disciplinary Re-Examination Committee on a mutatis mutandis basis, except as otherwise provided in this section.