عن الملكية الفكرية التدريب في مجال الملكية الفكرية إذكاء الاحترام للملكية الفكرية التوعية بالملكية الفكرية الملكية الفكرية لفائدة… الملكية الفكرية و… الملكية الفكرية في… معلومات البراءات والتكنولوجيا معلومات العلامات التجارية معلومات التصاميم الصناعية معلومات المؤشرات الجغرافية معلومات الأصناف النباتية (الأوبوف) القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية مراجع الملكية الفكرية تقارير الملكية الفكرية حماية البراءات حماية العلامات التجارية حماية التصاميم الصناعية حماية المؤشرات الجغرافية حماية الأصناف النباتية (الأوبوف) تسوية المنازعات المتعلقة بالملكية الفكرية حلول الأعمال التجارية لمكاتب الملكية الفكرية دفع ثمن خدمات الملكية الفكرية هيئات صنع القرار والتفاوض التعاون التنموي دعم الابتكار الشراكات بين القطاعين العام والخاص أدوات وخدمات الذكاء الاصطناعي المنظمة العمل مع الويبو المساءلة البراءات العلامات التجارية التصاميم الصناعية المؤشرات الجغرافية حق المؤلف الأسرار التجارية أكاديمية الويبو الندوات وحلقات العمل إنفاذ الملكية الفكرية WIPO ALERT إذكاء الوعي اليوم العالمي للملكية الفكرية مجلة الويبو دراسات حالة وقصص ناجحة في مجال الملكية الفكرية أخبار الملكية الفكرية جوائز الويبو الأعمال الجامعات الشعوب الأصلية الأجهزة القضائية الموارد الوراثية والمعارف التقليدية وأشكال التعبير الثقافي التقليدي الاقتصاد التمويل الأصول غير الملموسة المساواة بين الجنسين الصحة العالمية تغير المناخ سياسة المنافسة أهداف التنمية المستدامة التكنولوجيات الحدودية التطبيقات المحمولة الرياضة السياحة ركن البراءات تحليلات البراءات التصنيف الدولي للبراءات أَردي – البحث لأغراض الابتكار أَردي – البحث لأغراض الابتكار قاعدة البيانات العالمية للعلامات مرصد مدريد قاعدة بيانات المادة 6(ثالثاً) تصنيف نيس تصنيف فيينا قاعدة البيانات العالمية للتصاميم نشرة التصاميم الدولية قاعدة بيانات Hague Express تصنيف لوكارنو قاعدة بيانات Lisbon Express قاعدة البيانات العالمية للعلامات الخاصة بالمؤشرات الجغرافية قاعدة بيانات الأصناف النباتية (PLUTO) قاعدة بيانات الأجناس والأنواع (GENIE) المعاهدات التي تديرها الويبو ويبو لكس - القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية معايير الويبو إحصاءات الملكية الفكرية ويبو بورل (المصطلحات) منشورات الويبو البيانات القطرية الخاصة بالملكية الفكرية مركز الويبو للمعارف الاتجاهات التكنولوجية للويبو مؤشر الابتكار العالمي التقرير العالمي للملكية الفكرية معاهدة التعاون بشأن البراءات – نظام البراءات الدولي ePCT بودابست – نظام الإيداع الدولي للكائنات الدقيقة مدريد – النظام الدولي للعلامات التجارية eMadrid الحماية بموجب المادة 6(ثالثاً) (الشعارات الشرفية، الأعلام، شعارات الدول) لاهاي – النظام الدولي للتصاميم eHague لشبونة – النظام الدولي لتسميات المنشأ والمؤشرات الجغرافية eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange الوساطة التحكيم قرارات الخبراء المنازعات المتعلقة بأسماء الحقول نظام النفاذ المركزي إلى نتائج البحث والفحص (CASE) خدمة النفاذ الرقمي (DAS) WIPO Pay الحساب الجاري لدى الويبو جمعيات الويبو اللجان الدائمة الجدول الزمني للاجتماعات WIPO Webcast وثائق الويبو الرسمية أجندة التنمية المساعدة التقنية مؤسسات التدريب في مجال الملكية الفكرية الدعم المتعلق بكوفيد-19 الاستراتيجيات الوطنية للملكية الفكرية المساعدة في مجالي السياسة والتشريع محور التعاون مراكز دعم التكنولوجيا والابتكار نقل التكنولوجيا برنامج مساعدة المخترعين WIPO GREEN WIPO's PAT-INFORMED اتحاد الكتب الميسّرة اتحاد الويبو للمبدعين WIPO Translate أداة تحويل الكلام إلى نص مساعد التصنيف الدول الأعضاء المراقبون المدير العام الأنشطة بحسب كل وحدة المكاتب الخارجية المناصب الشاغرة المشتريات النتائج والميزانية التقارير المالية الرقابة
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القوانين المعاهدات الأحكام التصفح بحسب الاختصاص القضائي

قانون الإجراءات المدنية (القانون رقم 547 المؤرخ 4 أبريل 1960، بصيغته الأخيرة المعدلة بموجب القانون رقم 9171 المؤرخ 26 ديسمبر 2008)، جمهورية كوريا

عودة للخلف
النص مُستبدل.  الذهاب إلى أحدث إصدار في ويبو لِكس
التفاصيل التفاصيل سنة الإصدار 2008 تواريخ بدء النفاذ : 1 يوليو 1960 الاعتماد : 4 أبريل 1960 نوع النص القوانين الإطارية الموضوع إنفاذ قوانين الملكية الفكرية والقوانين ذات الصلة، مواضيع أخرى ملاحظات يشير إخطار جمهورية كوريا إلى منظمة التجارة العالمية وفقا للمادة 63.2 من اتفاق الجوانب المتصلة بالتجارة من حقوق الملكية الفكرية (تريبس) إلى ما يلي:
'يضع قانون الإجراءات المدنية، والمعروف أيضا باسم مدونة الإجراءات المدنية، الإجراءات الأساسية للإجراءات القضائية المدنية. وينص القانون على تدابير مؤقتة ويطبق المادة 50 من اتفاق (تريبس).'

وتتضمن هذه النسخة الموحدة من قانون الإجراءات المدنية جميع التعديلات من عام 2002 حتى 2008. وتحتوي على أحكام بشأن إنفاذ حقوق الملكية الفكرية المتعلقة بإنشاء منتدى خاص بمعالجة منازعات الملكية الفكرية (المادة 24) وإحالة دعوى حقوق الملكية الفكرية (المادة 36).

المواد المتاحة

النصوص الرئيسية النصوص ذات الصلة
النصوص الرئيسية النصوص الرئيسية بالإنكليزية Civil Procedure Act (Act No. 547 of April 4, 1960, as last amended by Act No. 9171 of December 26, 2008)        
 
 <B9CEBBE7BCD2BCDBB9FD2E687770>

CIVIL PROCEDURE ACT

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CIVIL PROCEDURE ACT

Wholly Amended by Act No. 6626, Jan. 26, 2002

Amended by Act No. 7427, Mar. 31, 2005

Act No. 7428, Mar. 31, 2005

Act No. 7849, Feb. 21, 2006

Act No. 8438, May 17, 2007

Act No. 8499, Jul. 13, 2007

Act No. 9171, Dec. 26, 2008

PART Ⅰ GENERAL PROVISIONS

Article 1 (Ideal of Civil Procedure and Principle of Sincerity and Faith-

fulness)

(1) A court shall endeavor to have the litigation procedures progress

fairly, swiftly and economically.

(2) The concerned parties and participants of litigation shall perform

the litigation sincerely and faithfully.

CHAPTER Ⅰ COURTS

SECTION 1 Jurisdiction

Article 2 (General Forum)

A lawsuit is subject to the jurisdiction of a court at the place where a

defendant’s general forum is located.

Article 3 (General Forum of Person)

General forum of a person shall be determined by his domicile: Provided,

That in cases where he has no domicile in the Republic of Korea or his

domicile is unknown, it shall be determined pursuant to his residence,

and if his residence is unfixed or unknown, it shall be determined pur-

suant to his last domicile.

Article 4 (General Forum of Ambassador or Minister, etc.)

In cases where an ambassador, a minister and other citizens of the Re-

public of Korea who are exempted from an exercise of foreign jurisdic-

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tion have no general forum under Article 3, their general forums shall

be the place where the Supreme Court is located.

Article 5 (General Forum of Juristic Person, etc.)

(1) General forum of a juristic person or any other association or foundation

shall be determined pursuant to the place where its principal office or

business place is located, and in cases where there exists no office and

business place, it shall be determined pursuant to the domicile of the

person principally in charge of its duties.

(2) In cases where the provisions of paragraph (1) are applied to a foreign

juristic person and any other foreign association or foundation, their

general forums shall be determined pursuant to their offices, business

places, or the domiciles of the persons in charge of their duties, in the

Republic of Korea.

Article 6 (General Forum of State)

General forum of the State shall be the seat of the government agency,

which represents the State in the relevant litigation, or that of the Su-

preme Court.

Article 7 (Special Forum of Workplace)

A lawsuit against a person who works continuously in an office or busi-

ness place may be brought to the court having the jurisdiction over the

seat of such office or business place.

Article 8 (Special Forum of Place of Residence or Place of Obligation

Performance)

A lawsuit concerning a property right may be brought to the court having

the jurisdiction over the place of residence or the place of obligation

performance.

Article 9 (Special Forum of Payment Place of Bills or Checks)

A lawsuit concerning bills or checks may be brought to the court lo-

cated in the place of payment thereof.

Article 10 (Special Forum for Seamen, Military Servicemen or Military

Service Officials)

(1) A lawsuit concerning a property right against a seaman may be

brought to the court located in the place of the registry of a ship.

(2) A lawsuit concerning a property right against a military serviceman

or military service official may be brought to the court located in the

place of a military installation or in the place of a military ship’s registry.

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Article 11 (Special Forum of Location of Property)

A lawsuit concerning a property right against a person who has no dom-

icile in the Republic of Korea or against a person whose domicile is un-

known, may be brought to the court located in the place of the objects

of a claim or those of the security, or any seizable property of a defendant.

Article 12 (Special Forum of Location of Office or Business Place)

A lawsuit concerning the affairs of an office or business place against a

person who keeps such an office or business place may be brought to the

court located in the place of such an office or business place.

Article 13 (Special Forum of Place of Registry of Ship)

A lawsuit concerning a ship or voyage against the ship-owner or any

other person utilizing the ship may be brought to the court located in

the place of the ship’s registry.

Article 14 (Special Forum of Location of Ship)

A lawsuit concerning a claim on a ship and other claims secured on a

ship may be brought to the court in the place of a ship’s location.

Article 15 (Special Forum for Company Employees, etc.)

(1) A lawsuit by a company or any other association against its employee,

or by an employee against another employee may be brought to the court

in the place of the general forum of such a company or such other associ-

ation, if such lawsuit is attributable to the qualification of such an em-

ployee.

(2) The provisions of paragraph (1) shall apply mutatis mutandis to a

lawsuit by an association or foundation against its officer or a lawsuit

by a company against its promoter or inspector.

Article 16 (Special Forum for Company Employees, etc.)

A lawsuit by a creditor of a company or any other association against

its employee may be brought to the court as referred to in Article 15,

if such lawsuit is attributable to the qualification of such an employee.

Article 17 (Special Forum for Company Employees, etc.)

The provisions of Articles 15 and 16 shall apply mutatis mutandis to a

lawsuit by a company or other association or foundation, or an employee

thereof or a creditor of an association against the person who was an

employee, officer, promoter, or inspector thereof, and to a lawsuit by a

former employee thereof against a present employee thereof.

Article 18 (Special Forum for Locus Delicti)

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(1) A lawsuit concerning a tort may be brought to the court in the place

of an act.

(2) A lawsuit for damages due to a collision of ships or aircraft or any

other accident may be brought to the court in the place where the ships

or aircraft involved in accidents first arrived.

Article 19 (Special Forum for Salvage)

A lawsuit concerning a salvage may be brought to the court in the place

where the salvage was effected or where the salvaged ship first arrived.

Article 20 (Special Forum of Location of Immovables)

A lawsuit concerning immovables may be brought to the court in the

place where such immovables are located.

Article 21 (Special Forum for Register or Registration)

A lawsuit concerning a register or registration may be brought to the

court having jurisdiction over the location of a public agency in charge

of such a register or registration.

Article 22 (Special Forum for Inheritance, Bequest, etc.)

A lawsuit concerning an inheritance, or a bequest and other acts becom-

ing effective by a death may be brought to the court in the place where

the general forum of the deceased was located at the time when such

inheritance commenced.

Article 23 (Special Forum for Inheritance, Bequest, etc.)

A lawsuit concerning an inherited claim and other liability for inherited

assets, which does not correspond to Article 22, if the whole or part of

the inherited assets is located in a jurisdictional district of the court

under Article 22, may be brought to such court.

Article 24 (Special Forum for Intellectual Property Rights, etc.)

A lawsuit concerning an intellectual property right and an international

transaction may be brought to a district court in the jurisdictional area

of a high court which has jurisdiction over the location of a competent

court pursuant to Articles 2 through 23.

Article 25 (Correlated Forum)

(1) In case where several claims are joined in one lawsuit, it may be

brought to the court having jurisdiction over one of these several claims

pursuant to the provisions of Articles 2 through 24.

(2) The provisions of paragraph (1) shall apply mutatis mutandis to the

case where the right or duty becoming the subject-matter of a lawsuit

CIVIL PROCEDURE ACT

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is common to many persons, or where these many persons become par-

ties thereto as co-litigants due to the same factual or legal causes.

Article 26 (Computation of Value of Subject-Matter of Lawsuit)

(1) In case where any jurisdiction is determined by the value of a subject-

matter of a lawsuit in the Court Organization Act, such value shall be

determined by calculating on the basis of the benefits as alleged by the

lawsuit.

(2) In case where the value under paragraph (1) is not calculable, such

value shall be governed by the provisions of the Act on the Stamps At-

tached for Civil Litigation, etc.

Article 27 (Value of Subject-Matter of Lawsuit in Case of Joinder of Claims)

(1) In case where many claims are joined in one lawsuit, the value of

subject-matter of such lawsuit shall be determined by summing up all

values of these many claims.

(2) In case where a claim for proceeds, compensation for damages, pen-

alty for breach of contract, or costs is an incidental object of a lawsuit,

such values shall not be included in the value of subject-matters of the

lawsuit.

Article 28 (Designation of Jurisdiction)

(1) If it falls under any one of the following subparagraphs, an imme-

diately superior court being common to relevant courts shall determine

the competent court by its ruling, upon request of the relevant courts

or the concerned parties:

1. When the competent court is legally or factually unable to exercise

its jurisdiction; or

2. When the jurisdictional districts of the courts are not evident.

(2) The ruling under paragraph (1) shall be subject to no appeal.

Article 29 (Jurisdiction by Agreement)

(1) Parties to a lawsuit may decide by agreement the competent court

of the first instance.

(2) The agreement referred to in paragraph (1) shall be valid only when

it is made in writing with respect to a lawsuit based on a specific legal

relationship.

Article 30 (Jurisdiction by Pleading)

If a defendant pleads as to the merits of a case without putting in a

demurrer against any lack of jurisdiction before the court of the first in-

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stance, or makes statements during the preparatory date for pleading,

the said court shall have the jurisdiction thereof.

Article 31 (Exclusion by Exclusive Jurisdiction)

The provisions of Articles 2, 7 through 25, 29 and 30 shall not apply to

the lawsuits for which an exclusive jurisdiction has been determined.

Article 32 (Ex Officio Investigation on Jurisdiction)

A court may investigate ex officio the matters concerning the jurisdic-

tion.

Article 33 (Time to Become Standard for Jurisdiction)

The jurisdiction of a court shall be determined on the standard of the

time when a lawsuit has been filed.

Article 34 (Transfer Due to Lack of Jurisdiction or by Discretion)

(1) In case where a court finds that the whole or part of a lawsuit does

not fall under its jurisdiction, it shall transfer it by its ruling to the com-

petent court.

(2) A single judge of a district court may, if he deems it proper even in

a case where a lawsuit falls under his jurisdiction, transfer the whole

or part of the lawsuit to the collegiate panel of the same district court,

either ex officio or by its ruling upon request of the concerned parties.

(3) The collegiate panel of a district court may, if it deems it proper even

in a case where a lawsuit does not fall under its jurisdiction, deliberate

and judge the whole or part of such lawsuit, either ex officio or upon re-

quest of the concerned parties.

(4) The provisions of paragraphs (2) and (3) shall not apply to a lawsuit

for which an exclusive jurisdiction has been determined.

Article 35 (Transfer to Avoid Damage or Delay)

A court may, if deemed necessary to avoid any significant damage or de-

lay even in a case where a lawsuit falls under its jurisdiction, transfer

the whole or part of such lawsuit to another competent court either ex

officio or by its ruling upon request of the concerned parties: Provided,

That the same shall not apply to the case of a lawsuit for which an ex-

clusive jurisdiction has been determined.

Article 36 (Transfer of Lawsuit about Intellectual Property Right, etc.)

(1) A court may, where a lawsuit on an intellectual property right or an

international transaction is filed, transfer the whole or part of such law-

suit to the competent court under Article 24, either ex officio or by its

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ruling upon request of the concerned parties: Provided, That where this

causes any significant delay in the proceedings, the same shall not apply.

(2) The provisions of paragraph (1) shall not apply to the case of a law-

suit for which an exclusive jurisdiction has been determined.

Article 37 (Urgent Disposition after Final Ruling of Transfer)

Even after a ruling of transferring a case has become final and conclu-

sive, the court may, when there exist any imminent circumstances, make

a necessary disposition either ex officio or upon request of the concerned

parties: Provided, That the same shall not apply after the record thereof

has been already transferred.

Article 38 (Effect of Ruling of Transfer)

(1) A court in receipt of a transfer of a lawsuit shall comply with the

ruling of a transfer.

(2) A court in receipt of a transfer of a lawsuit shall not transfer the

case again to another court.

Article 39 (Immediate Appeal)

An immediate appeal may be raised against a ruling of a transfer and

that of the rejection of a request for transfer.

Article 40 (Effect of Transfer)

(1) When a ruling of a transfer has become final and conclusive, it shall

be deemed that the lawsuit has been pending from the beginning before

the court in receipt of a transfer.

(2) In cases of paragraph (1), a court administrative officer, junior

administrative officer, chief clerk or senior clerk of the court rendering

a ruling of a transfer (hereinafter referred to as the “junior adminis-

trative officer, etc. of a court”) shall attach the authentic copy of such

ruling to the record of a case, and forward it to the court which is to

receive such transfer.

SECTION 2 Exclusion, Challenge and Avoidance

of Judge, etc.

Article 41 (Cause of Exclusion)

A judge shall be excluded from performing his duties if he falls under any

of the following subparagraphs: <Amended by Act No. 7427, Mar. 31, 2005>

1. When a judge, his spouse, or his former spouse becomes a party to

CIVIL PROCEDURE ACT

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a case, or is related to a party to the case as a co-creditor, co-debtor

or a person liable for redemption;

2. When a judge is, or has been, related to a party to a case as a relative;

3. When a judge has made a testimony or appraisal on a case;

4. When a judge was, or becomes, an attorney for a party to a case; or

5. When a judge has taken part in the trial of previous instance level

for the appeal case: Provided, That the same shall not apply to the

case where he has performed his duties pursuant to an entrustment

by another court.

Article 42 (Judgment on Exclusion)

A court shall, when there exists any cause for exclusion, render a judgment

on exclusion, either ex officio or upon request of the concerned parties.

Article 43 (Right to Challenge by Parties)

(1) When there exist any circumstances under which it is difficult to ex-

pect a fair trial by a judge, any concerned party may challenge him.

(2) In case where any party has pleaded for the merits of a case or made

statements during the preparatory date for pleading, while he is aware

of the existence of reasons for challenging a judge, he shall not chal-

lenge such judge.

Article 44 (Method of Motion for Exclusion or Challenge)

(1) A motion for exclusion or challenge of a judge in a collegiate panel

shall be made to the said collegiate panel by clarifying the reasons

therefor, and a motion for exclusion or challenge of a commissioned judge,

entrusted judge, or single judge shall be made to the said judge by clar-

ifying the same.

(2) Reasons for the exclusion or challenge and the method for vindica-

tion thereof shall be presented in writing within three days from the

date of filing the motion.

Article 45 (Dismissal, etc. of Motion for Exclusion or Challenge)

(1) In case where it is obvious that a motion for exclusion or challenge

violates the provisions of Article 44 or aims at retarding a lawsuit, a

court or a judge in receipt of such motion shall dismiss it by the ruling.

(2) Any judge against whom a motion for exclusion or challenge has been

made shall, except for the case of paragraph (1), present promptly his

opinion in writing on the motion for exclusion or challenge.

Article 46 (Judgment on Motion for Exclusion or Challenge)

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(1) A judgment on the motion for exclusion or challenge shall be ren-

dered by a ruling of the collegiate panel of a court whereto belongs the

judge, against whom such motion has been filed.

(2) Any judge against whom the motion for exclusion or challenge has

been made shall not participate in the judgment under paragraph (1):

Provided, That he may state his opinion.

(3) In case where a court whereto belongs the judge, against whom the

motion for exclusion or challenge has been filed, is unable to constitute

a collegiate panel, the immediately superior court shall decide thereon.

Article 47 (Appeal)

(1) The ruling to the effect that the motion for exclusion or challenge

is justifiably well-grounded shall be subject to no appeal.

(2) An immediate appeal may be raised against the ruling of dismissal

under Article 45 (1), or against the ruling to the effect that the motion

for exclusion or challenge is groundless.

(3) No immediate appeal to the ruling of dismissal under Article 45 (1)

shall have the effect to suspend the execution.

Article 48 (Suspension of Proceedings)

A court shall, in case where a motion for exclusion or challenge has been

filed, suspend the proceedings until the time when the judgment on such

motion becomes final and conclusive: Provided, That the same shall not

apply in the case of the dismissal of the motion for exclusion or challenge,

the sentence of a final judgment, and such acts as may require urgency.

Article 49 (Avoidance of Judge)

In case where there exists any reason under Article 41 or 43, a judge

may be avoided by obtaining permission from the court having the right

of supervision.

Article 50 (Exclusion, Challenge and Avoidance of Junior Administrative

Officer, etc. of Court)

(1) The provisions of this Section shall apply mutatis mutandis to the

junior administrative officer, etc. of a court.

(2) A judgment on the exclusion or challenge of the junior administra-

tive officer, etc. of a court under paragraph (1) shall be rendered by the

ruling of the court whereto belongs such officer, etc.

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CHAPTER Ⅱ PARTIES

SECTION 1 Capac i t y f o r be i ng Pa r t y and L i t i ga t i on

Capacity

Article 51 (Principles as to Capacity for being Party and Litigation Ca-

pacity, etc.)

Unless otherwise prescribed in this Act, the capacity for being a party,

the litigation capacity, the granting of authorization required for the legal

representation of, and for the procedural acts for, the persons lacking

litigation capacity, shall be governed by the Civil Act and other Acts.

Article 52 (Capacity for being Party in Case of Other Association, etc.

Than Juristic Person)

Other association or foundation than a juristic person may, in case where

it has a representative or administrator, become a party to a lawsuit

in the name of such association or foundation.

Article 53 (Appointed Party)

(1) Many persons having a common interest may, in case where they

do not fall under the provisions of Article 52, appoint from among them

one or more persons to act as a party or parties for the entire persons,

or alter such appointment.

(2) When the person to act as a party has been altered under the provi-

sions of paragraph (1) subsequent to the pendency of a lawsuit to a court,

the former party shall be deemed to have deservedly withdrawn from a

lawsuit.

Article 54 (Loss of Party Capacity by Some of Appointed Parties)

In case where there exist anyone who dies or who loses his capacity,

from among many parties appointed under Article 53, the remaining

parties shall conduct the procedural acts for the sake of entire persons.

Article 55 (Litigation Capacity of Minor, Quasi-Incompetent Person or

Incompetent Person)

A minor, a quasi-incompetent person, or an incompetent person may con-

duct procedural acts only through his legal representative: Provided, That

the same shall not apply to cases where a minor or a quasi-incompetent

person is able to independently conduct procedural acts.

Article 56 (Special Provisions for Procedural Acts by Legal Represen-

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tative)

(1) In case where a legal representative conducts the procedural acts in

regard to a lawsuit or appeal filed by the other party, he does not need

to obtain a special authorization from the family council.

(2) In order that a legal representative may effect any withdrawal of a

lawsuit, compromise, waiver or recognition of a claim, or a secession

under the provisions of Article 80, he shall obtain a special authorization.

Article 57 (Special Provisions for Litigation Capacity of Foreigners)

In case where a foreigner has a litigation capacity under the laws of the

Republic of Korea, he shall be deemed to have a litigation capacity, even

in case where he does not have such capacity pursuant to the laws of

his home country.

Article 58 (Attestation of Authority etc. of Legal Representation)

(1) The fact of having an authority of legal representation, or that of

having obtained an authorization for procedural acts, shall be attested

in writing. The same shall also apply to the case of an appointment

or alteration of a party under the provisions of Article 53.

(2) The documents under paragraph (1) shall be attached to the record

of the case.

Article 59 (Measures for Defects in Litigation Capacity, etc.)

In case where there exist any defects in the granting of a litigation ca-

pacity, authority of legal representation, or authorization required for

procedural acts, a court shall issue an order, with fixing a period, to

have them revised, and where there exists any concern about causing

damages by a delay in revising, the court may allow the party or legal

representative before the revisal to temporarily conduct the procedural

acts.

Article 60 (Defects in Litigation Capacity, etc. and Ratification Thereof)

Subsequent to any procedural acts conducted by a person having defects

in the granting of a litigation capacity, authority of legal representation,

or authorization required for the procedural acts, in case where the re-

vised party or legal representative ratifies them, such procedural acts

shall take effect retroactively at the time when they have been conducted.

Article 61 (Application Mutatis Mutandis to Appointed Parties)

The provisions of Articles 59 and 60 shall apply mutatis mutandis to the

case where the party under Article 53 conducts the procedural acts.

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Article 62 (Special Representative)

(1) Any person who intends to conduct procedural acts against a minor,

a quasi-incompetent person or an incompetent person who does not have

any legal representative or whose legal representative is unable to ex-

ercise his right of representation, may file a request with the court of

a lawsuit to appoint a special representative, by vindicating that there

exists a concern about the damages to be inflicted by a delay in the pro-

cedural acts.

(2) In the case of paragraph (1) where it is needed by a minor, a quasi-

incompetent person or an incompetent person to conduct the procedural

acts, his relative, an interested party or a public prosecutor may file a

request with the court of a lawsuit to appoint a special representative,

by vindicating that there exists a concern about the damages to be in-

flicted by a delay in the procedural acts.

(3) The court may replace the special representative at any time.

(4) In order that the special representative may conduct the procedural

acts, he shall obtain the authorization identical with that for a guardian.

(5) An appointment or replacement of a special representative shall be

made by a ruling of the court, and such ruling shall be served on the

special representative.

(6) Costs for the appointment of a special representative and those for

the procedural acts by a special representative may be ordered to be

borne by the applicant.

Article 63 (Notice of Termination of Authority for Legal Representation)

(1) In case where an authority for legal representation was termi-

nated while the litigation procedures were in progress, the effect of such

termination shall not be alleged unless the principal or his representa-

tive notifies the other party of the fact of such termination: Provided,

That after the court has become aware of the fact of termination of such

authority for legal representation, the relevant legal representative shall

not conduct any procedural acts under Article 56 (2).

(2) The provisions of paragraph (1) shall apply mutatis mutandis to the

case where the parties are changed pursuant to the provisions of Article

53.

Article 64 (Status of Representatives of Organizations, such as Juristic

Persons, etc.)

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The provisions relating to the legal representation and legal represent-

atives in this Act shall apply mutatis mutandis to the representative

of a juristic person, or the representative or administrator under Article

52.

SECTION 2 Co-Litigation

Article 65 (Requisite for Co-Litigation)

In case where the rights or liabilities forming the object of a lawsuit are

common to many persons, or are generated by the same factual or legal

causes, these many persons may join in the lawsuit as co-litigants. The

same shall also apply in case where the rights or liabilities forming the

object of a lawsuit are of the same sort, or are generated by the same

sort of factual or legal causes.

Article 66 (Status of Ordinary Co-Litigants)

Procedural acts by one of the co-litigants, or those by the counter party

against them, and the matters regarding one of the co-litigants, shall

not affect other co-litigants.

Article 67 (Special Provisions for Indispensable Co-Litigation)

(1) In the case of a co-litigation in which the objects of such lawsuit are

to be unitedly decided on all co-litigants, the procedural acts by anyone

of them shall take effect only for the benefits of all such co-litigants.

(2) In the co-litigation under paragraph (1), the procedural acts by the

counter party against one of the co-litigants shall take effect to all of

them.

(3) In the co-litigation under paragraph (1), in case where there exists

any cause for interruption or suspension of the litigation procedures to

one of the co-litigants, such interruption or suspension shall take effect

to all co-litigants.

Article 68 (Addition of Indispensable Co-Litigants)

(1) In case where some of the co-litigants under Article 67 (1) are

omitted, the court may permit an addition of a plaintiff or defendant by

its ruling, upon request of the plaintiff, not later than the closure of

pleadings at the first instance: Provided, That an addition of a plaintiff

may be permitted only where a consent is obtained from the person to

be added.

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(2) When the ruling of permission under paragraph (1) has been ren-

dered, the authentic copy of such ruling of permission shall be served

on all the parties, and the duplicates of the written complaint shall also

be served on the parties to be added.

(3) In case where any co-litigants are added under paragraph (1), the

lawsuit shall be deemed to have been raised with such persons included

at the time when the first lawsuit was instituted.

(4) Any interested parties may raise an immediate appeal against

the ruling of permission under paragraph (1) only in the case of making

the fact that the plaintiff to be added has not agreed to it, as the ground

therefor.

(5) The immediate appeal under paragraph (4) shall not take any effect

to suspend the execution.

(6) An immediate appeal may be raised against a ruling to dismiss the

request under paragraph (1).

Article 69 (Special Provisions for Indispensable Co-Litigation)

In case where any one of co-litigants under Article 67 (1) has raised an

appeal, the provisions of Article 56 (1) shall apply mutatis mutandis

to the procedural acts conducted by other co-litigants at such appellate

instance.

Article 70 (Special Provisions for Preliminary or Selective Co-Litigation)

(1) To the case where any claim by a part of co-litigants is legally in-

compatible with that by other co-litigants, or any claim against a part

of co-litigants is legally incompatible with that against other co-litigants,

Articles 67 through 69 shall apply mutatis mutandis: Provided, That

the same shall not apply to the case of the waiver or recognition of the

claim, compromise between the parties, and the withdrawal of the

lawsuit.

(2) In the litigation under paragraph (1), a judgment shall be rendered

on the claims related to all co-litigants.

SECTION 3 Litigation Intervention

Article 71 (Supplementary Intervention)

Any third person interested in the result of a lawsuit may intervene in

the lawsuit pending before the court in order to assist either party: Pro-

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vided, That the same shall not apply to the case where it may retard

the litigation procedures significantly.

Article 72 (Methods to Apply for Intervention)

(1) An application for intervention shall be filed with the court where

a lawsuit intended to intervene is pending, by clarifying the purport and

ground for such intervention.

(2) In case where an application for intervention has been filed in writing,

the court shall serve such an application on both parties.

(3) An application for intervention may be filed simultaneously with the

procedural acts performable as an intervenor.

Article 73 (Judgment on Whether or Not to Permit Intervention)

(1) When a party raises any objection against intervention, the inter-

venor shall vindicate the grounds for such intervention, and the court

shall render a ruling as to whether or not to permit the intervention.

(2) The court may order ex officio the intervenor to vindicate the ground

for such intervention, and when it is not admitted that there exists any

ground for such intervention, it shall render a ruling of the non-permission

for intervention.

(3) An immediate appeal may be raised against the ruling under para-

graphs (1) and (2).

Article 74 (Forfeiture of Right to Object)

In case where a party pleads without raising any objection against an

intervention, or makes statements during the preparatory date for

pleading, his right to object shall be forfeited.

Article 75 (Intervenor‘s Participation in Proceedings)

(1) An intervenor may conduct his procedural acts not later than the

time when the ruling to disapprove an intervention becomes final and

conclusive, even in case where an objection has been raised against his

intervention.

(2) In case where a party has invoked an intervenor’s procedural acts,

such procedural acts shall be effective, even if the ruling to disapprove

an intervention has become final and conclusive.

Article 76 (Intervenor’s Procedural Acts)

(1) An intervenor may conduct the attack, defense, objection, appeal

and all other procedural acts as to a lawsuit: Provided, That the same

shall not apply to the procedural acts which are not performable pursu-

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ant to the level of lawsuit’s progress at the time of intervention.

(2) In case where the intervenor’s procedural acts are contrary to those

acts of the intervenee, such intervenor’s procedural acts shall not take

any effect.

Article 77 (Effect of Judgment on Intervenor)

A judgment shall also be binding on an intervenor, if it does not fall

under any one of the following subparagraphs:

1.When the intervenor is unable to conduct any procedural acts, or such

procedural acts do not become effective, pursuant to Article 76;

2. When the intervenee has obstructed the intervenor’s procedural

acts; and

3.When the intervenee has failed, by intention or negligence, to conduct

the procedural acts which are not performable by the intervenor.

Article 78 (Supplementary Intervention alike of Co-Litigation)

In case where the judgment also becomes effective for the intervenors,

the provisions of Articles 67 and 69 shall apply mutatis mutandis to such

intervenors and intervenees as well.

Article 79 (Intervention as Independent Party)

(1) Any third person who claims that the whole or part of the object of

lawsuit is his own right, or that his rights are likely to be infringed pur-

suant to the result of lawsuit, may intervene in the lawsuit as a party

by making either side or both sides of the parties the other party.

(2) The provisions of Articles 67 and 72 shall apply mutatis mutandis

to the case of paragraph (1).

Article 80 (Withdrawal from Lawsuit Intervened by Independent Party)

In case where there exists a person who has intervened in a lawsuit in

order to claim his rights under the provisions of Article 79, the plaintiff

or defendant prior to his intervention may withdraw from the lawsuit

subject to the consent of the other party: Provided, That the judgment

shall also become effective for the party who has so withdrawn.

Article 81 (Successor’s Intervention)

In case where a third person has intervened in a lawsuit under Article

79, while the lawsuit is pending before the court, by claiming that he

succeeded to the whole or part of the right or obligation, which is the ob-

ject of lawsuit, such intervention shall take effect of an interruption of

prescription or an observance of a statutory period, retroactively from

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the first pendency of lawsuit before the court.

Article 82 (Successor’s Takeover of Lawsuit)

(1) When a third person has succeeded to the whole or part of the right

or obligation which is the object of lawsuit, while the lawsuit is pending

before the court, the court may cause such third person to take over

the lawsuit, upon motion of either party.

(2) When rendering the ruling under paragraph (1), the court shall ex-

amine the parties and the third person.

(3) To the case of taking over a lawsuit under paragraph (1), the prov-

isions of Article 80 concerning the withdrawal and the effect of judgment

and the provisions of Article 81 concerning the effect of intervention shall

apply mutatis mutandis.

Article 83 (Intervention into Co-Litigation)

(1) In case where the objects of lawsuit are to be unitedly decided on

either party and a third person, such third person may intervene in

the lawsuit as a co-litigant.

(2) The provisions of Article 72 shall apply mutatis mutandis to the case

of paragraph (1).

Article 84 (Requirements for Notice of Lawsuit)

(1) In case where a lawsuit is pending before a court, the parties may

give a notice of a lawsuit to the third person who is entitled to inter-

vene.

(2) The person who has received a notice of lawsuit may in turn give

the same notice.

Article 85 (Methods of Notice of Lawsuit)

(1) In order to give a notice of lawsuit, a document stating the reason

therefor and the level of the lawsuit’s progress shall be submitted to

a court.

(2) The document under paragraph (1) shall be served on the other party.

Article 86 (Effect of Notice of Lawsuit)

Even in case where any person who has received a notice of lawsuit has

failed to intervene, he shall be deemed to have intervened at the time

when he was able to intervene, in case where the provisions of Article

77 are applied.

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SECTION 4 Attorneys

Article 87 (Qualification of Attorney)

Except for representatives entitled to conduct the judiciary acts pursu-

ant to Acts, no person may become an attorney, other than the lawyers.

Article 88 (Exceptions to Qualification of Attorney)

(1) In the cases for which the value of a lawsuit’s object falls short of

a specific amount, from among the cases to be examined and tried by a

single judge, Article 87 shall not be applicable to the time when such

persons have obtained a permit from the court, as those who keep a close

living relation with the party and are in a kinship within a specific scope,

or those who are in a specific relationship under an employment contract,

etc. with the party, such as the handling of, or assistance in, the reg-

ular affairs concerning such cases.

(2) Detailed matters concerning the scope of cases permissible by the

court under paragraph (1) and the qualification of representatives, etc.

shall be prescribed by the Supreme Court Regulations.

(3) The court may revoke the permit under paragraph (1) at any time.

Article 89 (Attestation of Powers of Attorney)

(1) Powers of attorney shall be attested in writing.

(2) In case where the writing under paragraph (1) is a private document,

the court may order the attorney to have it authenticated by a notary

public or other persons engaged in the notarial business (hereinafter re-

ferred to as the “notarial office”).

(3) The provisions of paragraphs (1) and (2) shall not apply to the case

where a party has orally appointed his attorney, and the junior adminis-

trative officer, etc. of the court has entered such statement in the pro-

tocol.

Article 90 (Scope of Powers of Attorney)

(1) An attorney may, for the case delegated to him, conduct all the

procedural acts relating to a counteraction, intervention, compulsory

execution, provisional seizure, provisional disposition, etc. and receive

any payment.

(2) An attorney shall separately obtain a particular authority for the

matters falling under any of the following subparagraphs:

1. Filing a counteraction;

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2. Withdrawal of a lawsuit, compromise, waiver or recognition of a

claim, or withdrawal pursuant to the provisions of Article 80;

3. Filing an appeal or the withdrawal thereof; and

4. Appointment of a representative.

Article 91 (Limitations on Powers of Attorney)

No limitation shall be imposed on the powers of attorney: Provided,

That the same shall not apply to an attorney who is not a lawyer.

Article 92 (Powers of Attorney under Acts)

The provisions of Articles 90 and 91 shall not apply to the authority of

an attorney entitled to conduct the judicial acts under Acts.

Article 93 (Principles of Individual Representation)

(1) In case where there exist many attorneys, each of them shall re-

present the party.

(2) In case where the parties have concluded an agreement in contrary

to the provisions of paragraph (1), such agreement shall not take any

effect.

Article 94 (Right of Party to Rectify)

Any de facto statement by an attorney shall lose its effect when it is

immediately cancelled or rectified by the party.

Article 95 (Cases of Non-Extinction of Powers of Attorney)

Powers of attorney shall not be extinguished even if they fall under any

one of the following subparagraphs:

1. Death of the party, or a loss of his litigation capacity;

2. Extinction by merger of a juristic person which is a party;

3. Termination of the trust duties of the trustee who is a party; or

4. Death of a legal representative, loss of his litigation capacity, or

extinction or alteration of his representative authority.

Article 96 (Cases of Non-Extinction of Powers of Attorney)

(1) Powers of an attorney of a person who has become a party to a law-

suit in his own name for another person by virtue of a specific qualifi-

cation shall not be extinguished even if the party loses his qualification.

(2) The provisions of paragraph (1) shall apply mutatis mutandis to a

case where the party appointed under Article 53 has lost his qualification.

Article 97 (Mutatis Mutandis Application of Provisions concerning Legal

Representative)

The provisions of Articles 58 (2), 59, 60 and 63 shall apply mutatis

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mutandis to the attorney involved.

CHAPTER Ⅲ COSTS OF LAWSUIT

SECTION 1 Imposition of Costs of Lawsuit

Article 98 (Principle of Bearing Costs of Lawsuit)

Costs of a lawsuit shall be borne by the losing party.

Article 99 (Exception to Principles)

A court may, depending on circumstances, charge the winning party with

the whole or part of the costs arising from the acts unnecessary for an

extension or defense of his rights, or of the costs arising from the acts

necessary for an extension or defense of the other party’s rights.

Article 100 (Exception to Principles)

When a litigation was delayed due to the failure of either party to pro-

duce a means of attack or defense at an appropriate time, or to neglect

an observance of the appointed date or period, or due to any other causes

attributable to either party, the court may charge the winning party with

the whole or part of the costs of lawsuit incurred due to such delay.

Article 101 (Case of Partial Defeat)

The costs of lawsuit to be borne by the parties in the case of a partial

defeat shall be determined by the court: Provided, That, depending on

circumstances, the court may charge either of the parties with the whole

of the costs.

Article 102 (Case of Co-Litigation)

(1) Co-litigants shall share the costs of lawsuit equally: Provided, That

the court may, depending on circumstances, cause the co-litigants to bear

the costs of lawsuit jointly or through any other means.

(2) Notwithstanding the provisions of paragraph (1), the court may cause

the party who has undertaken the acts unnecessary for an extension

or defense of rights, to bear the costs of lawsuit incurred by such acts.

Article 103 (Case of Lawsuit by Intervention)

The provisions of Articles 98 through 102 shall apply mutatis mutandis

to the sharing of the costs of lawsuit by intervention between the in-

tervenor and the other party, and to the sharing of the costs of lawsuit

for an objection against intervention between the intervenor and the

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objecting party.

Article 104 (Judgment in Each Instance on Costs of Lawsuit)

A court shall, in a judgment closing a case, render ex officio a decision on

the whole costs of lawsuit in the particular instance: Provided, That at

a trial on a part of the case or on an interlocutory dispute, it may render

a decision on such costs, depending on circumstances.

Article 105 (Judgment on Whole Costs of Lawsuit)

In the case where a higher court alters the judgment on the merits of

a case, or where the court to which a case has been remanded or trans-

ferred renders a decision closing such case, it shall render a decision on

the whole costs of the lawsuit.

Article 106 (Sharing of Costs in Case of Compromise)

Where parties reach a compromise in court (including the case of Ar-

ticle 231), such costs shall be shared by the parties individually, unless

there exist any particular provisions as to the sharing of the costs of

compromise and those of lawsuit.

Article 107 (Reimbursement of Costs by Third Person)

(1) In case where a legal representative, an attorney, a junior adminis-

trative officer, etc. of a court, or an executive officer causes one to pay

any useless costs by intention or gross negligence, the court of lawsuit

may order, either ex officio or upon request of the party, the said person

to reimburse the costs.

(2) In case where the person having conducted procedural acts as a legal

representative or an attorney, fails to attest that he has obtained a power

of attorney or an authority required for the procedural acts, or to obtain

the ratification thereof, the provisions of paragraph (1) shall apply mu-

tatis mutandis to the costs of lawsuit incurred by such procedural acts.

(3) An immediate appeal may be raised against the rulings under para-

graphs (1) and (2).

Article 108 (Bearing of Costs by Unauthorized Representative)

In case where a lawsuit has been dismissed in the case of Article 107

(2), the costs of lawsuit shall be borne by the representative who have

conducted such procedural acts.

Article 109 (Fee of Lawyer and Costs of Lawsuit)

(1) A fee paid or to be paid by a party to a lawyer who performs a law-

suit on behalf of the party shall be admitted as the costs of lawsuit within

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the limit of the amounts as prescribed by the Supreme Court Regulations.

(2) When calculating the costs of lawsuit under paragraph (1), even if

several lawyers have performed the lawsuit on behalf of the party, it

shall be deemed to be a vicarious act of a single lawyer.

Article 110 (Ruling to Fix Amount of Costs of Lawsuit)

(1) In case where the amount of costs of lawsuit has not been fixed in

the trial to determine the bearing of such costs, the court of first instance

shall fix the amount of such costs of lawsuit by its ruling, upon receipt of

a request of a party, after the judgment of the case has become final, or

the judgment on the bearing of costs of lawsuit has come to hold an ex-

ecutive force.

(2) When filing a request for the ruling to fix the amount under para-

graph (1), the statement of costs and its certified copy, and the docu-

ments necessary for vindicating the amount of costs, shall be submitted.

(3) An immediate appeal may be raised against the ruling as referred

to in paragraph (1).

Article 111 (Peremptory Notice to Other Party)

(1) A court shall deliver to the other party a certified copy of the state-

ment of costs before fixing the amount of costs of lawsuit, and give him

a peremptory notice to state an opinion thereon and to submit the state-

ment of costs and the documents necessary for vindicating the amount

of costs within a specific period.

(2) When the other party has failed to submit the documents under

paragraph (1) within the fixed period, the court may render a ruling only

on the costs of the requesting party: Provided, That this shall not pre-

vent the other party from filing a request for the ruling of confirmation

under Article 110 (1).

Article 112 (Setoff of Costs to be Borne)

In case where a court decides on the costs of lawsuit, the costs to be

borne by the parties shall be deemed to have been set off against the

corresponding amount: Provided, That the same shall not apply to the

case of Article 111 (2).

Article 113 (Fixing of Amount of Costs in Case of Compromise)

(1) When, in the case of Article 106, the parties have decided only on

the principle of bearing the costs of lawsuit, but failed to decide on the

amounts thereof, the court shall fix such amounts by its ruling, upon

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request of a party.

(2) The provisions of Articles 110 (2) and (3), 111 and 112 shall apply

mutatis mutandis to the case of paragraph (1).

Article 114 (Cases where Lawsuit has been Concluded without Depend-

ing upon Judgment)

(1) In case where a lawsuit has been concluded without depending upon

a judgment except for the case of Article 113, or where an intervention

or an objection against it has been withdrawn, the court shall fix by its

ruling the amount of costs of lawsuit upon request of a party, and order

the party to bear it.

(2) The provisions of Articles 98 through 103, 110 (2) and (3), 111 and

112 shall apply mutatis mutandis to the case of paragraph (1).

Article 115 (Calculation by Junior Administrative Officer, etc. of Court)

A court shall, when there exists a request under Article 110 (1), have

the junior administrative officer, etc. of the court calculate the amount

of costs of lawsuit.

Article 116 (Prepayment of Costs)

(1) In regard to the procedural acts incurring costs, the court may have

the party make a prepayment of such costs.

(2) When the costs have not been prepaid, the court may refuse to do

such procedural acts.

SECTION 2 Security for Costs of Lawsuit

Article 117 (Obligation to Furnish Security)

(1) In case where a plaintiff has no domicile, office or business place in

the Republic of Korea, the court shall order the plaintiff to furnish a se-

curity for the costs of lawsuit, upon request of a defendant. The same

shall also apply to the case where the security is insufficient.

(2) In case where a part of the claim is not contested, the provisions of

paragraph (1) shall not apply if the amount thereof is sufficient for the

security.

Article 118 (Forfeiture of Right to Demand Security due to Responding to

Lawsuit)

In case where a defendant has pleaded for the merits of a case or made

statements during the preparatory date for pleading, while he knows that

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there exists a cause for furnishing a security, he shall not file a request

for furnishing a security.

Article 119 (Defendant’s Right to Refuse)

A defendant who has filed a request for furnishing a security may refuse

to respond to the lawsuit until a plaintiff furnishes such security.

Article 120 (Ruling of Furnishing Security)

(1) A court shall, in its ruling to order a furnishing of security, fix the

amount of such security and the period within which such security is to

be furnished.

(2) The amount of security shall be fixed on the basis of the gross amount

of costs to be disbursed by the defendant in each instance.

Article 121 (Appeal)

An immediate appeal may be raised against a decision as to a request

for furnishing a security.

Article 122 (Method of Furnishing Security)

Furnishing of a security shall be made by depositing money or such se-

curities as acknowledged by a court, or by submitting a document con-

cluding an entrustment contract to the effect that a payment is guar-

anteed under the conditions as prescribed by the Supreme Court Regu-

lations: Provided, That if otherwise agreed upon between the parties, it

shall prevail.

Article 123 (Defendant’s Rights over Security)

A defendant shall have, in respect of the costs of lawsuit, the same right

as a pledgee over the security given under Article 122.

Article 124 (Effect of Failure to Furnish Security)

When a plaintiff has failed to furnish a security within the period to

furnish it, the court may dismiss the lawsuit by its judgment without

holding any pleading: Provided, That the same shall not apply to a case

where the security has been furnished prior to the judgment.

Article 125 (Cancellation of Security)

(1) If the person who has furnished a security files a request for the can-

cellation thereof while attesting that the cause for providing the secu-

rity has been extinguished, the court shall render a ruling to cancel such

security.

(2) The provisions of paragraph (1) shall also apply when the person

who has furnished the security attests that he has obtained a consent

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from the security right holder to the cancellation of security.

(3) If the person who has furnished a security makes a request therefor

after the lawsuit concerned has been closed, the court shall urge the se-

curity right holder to exercise such right within a specific period, and

when the security right holder has failed to exercise such right, he shall

be deemed to have consented to the cancellation of security.

(4) An immediate appeal may be filed against the rulings under para-

graphs (1) and (2).

Article 126 (Change of Security)

A court may, upon request of a person who has furnished a security, or-

der by its ruling to change an object deposited for security: Provided,

That when a party makes a request for a change of object deposited for

security according to a contract, such contract shall prevail.

Article 127 (Provisions to Apply Mutatis Mutandis)

The provisions of Articles 119, 120 (1), and 121 through 126 shall ap-

ply mutatis mutandis to the security to be furnished in regard to filing a

lawsuit pursuant to other Acts.

SECTION 3 Litigation Aid

Article 128 (Requisites for Aid)

(1) A court may grant a litigation aid, either ex officio or upon request

of a person who falls short of the solvency to pay the costs of lawsuit:

Provided, That the same shall not apply to the case where it is obvious

that the lawsuit will fail.

(2) The applicant under paragraph (1) shall vindicate the reason for

such aid.

(3) A judgment on the litigation aid shall be rendered by the court which

keeps the record of litigation.

(4) Detailed matters on the concrete contents of the requisites for litiga-

tion aid as stipulated in paragraph (1) and the procedures for such aid

shall be prescribed by the Supreme Court Regulations.

Article 129 (Objective Scope of Aid)

(1) Scope of the litigation aid for a lawsuit and a compulsory execution

shall be as follows: Provided, That a court may, when there exists a proper

reason therefor, render a litigation aid within the limit of part of the fol-

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26

lowing subparagraphs:

1. Deferment of a payment of litigation costs;

2. Deferment of a payment of fees and substitute payment for a lawyer

and an execution officer;

3. Exemption of the security for the costs of lawsuit; and

4. Deferment or exemption of such other expenses as prescribed by the

Supreme Court Regulations.

(2) In the case of paragraph (1) 2, if a lawyer or an execution officer

fails to receive any fees, a reasonable amount shall be paid to him from

the National Treasury.

Article 130 (Subjective Scope of Effect of Aid)

(1) Effect of a litigation aid shall extend only to the persons who have

received it.

(2) The court may order the successor to a litigation to pay the costs

deferred so far.

Article 131 (Cancellation of Aid)

When a person who has been granted a litigation aid is found to have the

solvency to pay the costs of lawsuit, or comes to have such solvency, the

court which keeps the record of litigation may cancel the aid at any time,

either ex officio or upon request of an interested person, and order him

to pay the costs of lawsuit deferred so far.

Article 132 (Collection of Deferred Costs)

(1) The costs deferred so far for the person who has been granted a liti-

gation aid, may be collected directly from the other party who has been

judged to pay them.

(2) In the case of paragraph (1), a lawyer or an execution officer may

file a request for the final decision on the amount of his fees and sub-

stitute payment, and may proceed to a compulsory execution, by virtue

of the executive titles of a person who has been granted a litigation aid.

(3) A lawyer or an execution officer may, in subrogation of the party

concerned, file a request for a decision under Article 113 or 114 on the

fees and substitute payment.

Article 133 (Appeal)

An immediate appeal may be made against such judgments as stipu-

lated in this Section: Provided, That the other party is not entitled to

lodge such an appeal, except for the ruling of a litigation aid under Ar-

CIVIL PROCEDURE ACT

27

ticle 129 (1) 3.

CHAPTER Ⅳ LITIGATION PROCEDURES

SECTION 1 Pleadings

Article 134 (Necessity of Pleadings)

(1) The parties shall conduct pleadings in the court in regard to the

litigation: Provided, That with respect to the case to be concluded by

a ruling, the court shall determine whether or not any pleadings are to

be held.

(2) In case where any pleading is dispensed with under the proviso of

paragraph (1), the court may examine the parties, interested persons

and other reference persons.

(3) The provisions of paragraphs (1) and (2) shall not apply to the case

where otherwise provided in this Act.

Article 135 (Directive Right of Presiding Judge)

(1) Pleadings shall be directed by the presiding judge (referring to the

presiding judge of collegiate panel or a single judge; hereinafter the same

shall apply).

(2) The presiding judge may allow a person to speak, or prohibit a per-

son from speaking when he does not comply with his order.

Article 136 (Right to Request Elucidation, Right to Ask Questions, etc.)

(1) The presiding judge may, in order to clarify the litigation relations,

ask the parties questions, and urge them to testify, on the factual or legal

matters.

(2) A judge of the collegiate panel may perform the acts under para-

graph (1) after informing the presiding judge thereof.

(3) Each party may, if deemed necessary, request the presiding judge

to ask questions necessary for elucidation of the other party.

(4) The court shall give the parties an opportunity to state their opin-

ions on the legal matters, which are deemed to have been evidently

overlooked by them.

Article 137 (Order to Prepare for Elucidation)

The presiding judge may, under the provisions of Article 136, indicate

to the parties the matters to be elucidated or testified, or for which their

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28

opinions are to be stated, and may order them to make the preparations

therefor prior to the date for pleadings.

Article 138 (Supervision by Collegiate Panel)

In case where the parties have raised any objection against the pre-

siding judge’s order concerning the direction of pleadings, or against any

measures taken by the presiding judge or other judges of the collegiate

panel under the provisions of Articles 136 and 137, the court shall

render by its ruling a decision on such objection.

Article 139 (Designation of and Entrustment to Commissioned Judge)

(1) In case where a commissioned judge is to perform his duties, the pre-

siding judge shall designate such a judge.

(2) Except as otherwise prescribed, any entrustment by a court shall be

effected by the presiding judge.

Article 140 (Measures of Court for Elucidation)

(1) A court may take the following measures in order to clarify the liti-

gation relations:

1. To order an appearance of the party himself or his legal represent-

ative;

2. To order a presentation of the litigation papers or the documents

quoted in the litigation and other articles, which are held by the

parties;

3. To retain in the court the documents and other articles presented by

a party or a third party;

4. To effect an inspection and to order an expert examination; and

5. To entrust the required investigation.

(2) The provisions in this Act concerning an investigation of evidence

shall apply mutatis mutandis to the inspection, expert examination, and

entrustment of investigation, under paragraph (1).

Article 141 (Limitation, Separation or Combination of Pleadings)

A court may order a limitation, separation or combination of pleadings,

or may cancel such order.

Article 142 (Reopening of Pleadings)

A court may order the reopening of a pleading which has been closed.

Article 143 (Interpretation)

(1) In the event that any person taking part in pleadings does not speak

Korean languages, or has any impediment in hearing or speaking, the

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29

court shall have an interpreter conduct the interpretation: Provided, That

the court may make the person having the said impediment to ask ques-

tions, or to make statements, in writing.

(2) The provisions in this Act concerning expert witnesses shall apply

mutatis mutandis to the interpreters.

Article 144 (Measures for Persons Lacking Ability to Plead)

(1) A court may prohibit a party or a representative, who is unable to

make the statements required for clarifying the litigation relations, from

speaking, and may set a new date for continuing the pleadings.

(2) In the event that a court prohibits making statements under para-

graph (1), the court may order the appointment of a lawyer when it is

deemed necessary.

(3) When any statement by a representative has been prohibited or the

appointment of a lawyer has been ordered under paragraph (1) or (2),

the principal shall be notified of such purports.

(4) When a person who filed a lawsuit or an appeal has failed to appoint

a lawyer not later than the new date under paragraph (1), while he re-

ceived an order under paragraph (2), the court may dismiss by its ruling

such lawsuit or appeal.

(5) An immediate appeal may be made against the decision as referred

to in paragraph (4).

Article 145 (Recommendation of Compromise)

(1) A court may, irrespective of the progress of litigation, recommend

a compromise, or have a commissioned judge or an entrusted judge

recommend it.

(2) In the case of paragraph (1), the court, a commissioned judge or an

entrusted judge may order the principal party or his legal representative

to appear before the court.

Article 146 (Principle of Timely Presentation)

The method of attack or defense shall be produced at the pertinent time

pursuant to the progress of litigation.

Article 147 (Restriction on Presentation Period)

(1) The presiding judge may, upon hearing the opinions of the parties,

set the period to produce an averment or to apply for examination of evi-

dence for either side or both sides of the parties, in respect of the spec-

ified matters.

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30

(2) When the parties have passed the period under paragraph (1), they

shall not produce an averment, nor apply for examination of evidence:

Provided, That the same shall not apply to the case where the parties

have vindicated that they failed to produce or apply within such period

due to the justifiable reasons.

Article 148 (Case of Non-appearance of Either Party)

(1) When a plaintiff or a defendant has failed to appear on the date of plead-

ings or failed to make any pleadings on the merits of the case in spite

of his appearance, it shall be deemed that the matters stated in the written

complaint, written defence and other briefs submitted by him have been

stated, and the other party who has appeared may be ordered to make

pleadings.

(2) When the written defence and other briefs, which are deemed to have

been stated by the parties under paragraph (1), contain an indication

of intent of a waiver or recognition of claim, and are authenticated by

a notarial office, the waiver or recognition of claim shall be deemed to

have been constituted pursuant to such purports.

(3) In case where the written defence and other briefs, which are deemed

to have been stated by the parties under paragraph (1), contain an indi-

cation of intent of a compromise, and are authenticated by a notarial of-

fice, if the other party himself appears on the date of pleadings and ac-

cepts such indication of intent of compromise, it shall be deemed that

the compromise has been constituted.

Article 149 (Dismissal of Inopportune Offence and Defense)

(1) Where it is deemed that a party has, in contravention of Article 146,

caused a delay of the conclusion of litigation by belatedly producing the

means of offence or defence by intention or gross negligence, the court

may dismiss it by its ruling, either ex officio or upon motion of the other

party.

(2) Where the purport of the means of offence or defence produced by

a party is not clear, if the party has failed to make a required elucidation

or to appear on the date of elucidation, the court may dismiss it by its

ruling, either ex officio or upon motion of the other party.

Article 150 (Regarding as Confession)

(1) When a party has failed to evidently contest at his pleading the facts

alleged by the other party, he shall be deemed to have confessed such

CIVIL PROCEDURE ACT

31

facts: Provided, That the same shall not apply to the case where it is

deemed that a contest has been made against such facts, in view of the

purports of entire pleadings.

(2) When a party has professed that he was not aware of the facts alleged

by the other party, it shall be presumed that he has contested against

such facts.

(3) The provisions of paragraph (1) shall apply mutatis mutandis in a

case where a party fails to appear on the date of pleading: Provided, That

the same shall not apply in the case where the party, on whom a written

notice of date has been served by means of service by public notice, has

failed to appear.

Article 151 (Right to Object against Litigation Procedures)

If a party fails to promptly raise any objection in case where he is aware

of, or may have become aware of, the contravention of the provisions

regarding litigation procedures, he shall lose the right for doing so: Pro-

vided, That the same shall not apply to the case where the said right

is what shall not be waived.

Article 152 (Preparation of Protocol of Pleadings)

(1) The junior administrative officer, etc. of a court shall, by presenting

himself on the dates of pleading, prepare a protocol for each date of

pleading: Provided, That the date of pleading may be opened without

having any junior administrative officer, etc. of a court participated, in

case where the pleading is tape-recorded or stenographed, and where

there exist other special circumstances corresponding thereto.

(2) The presiding judge may, if deemed necessary, open the date other

than the date of pleading and that of preparatory pleading, without

having any junior administrative officer, etc. of the court participated.

(3) In the case of the proviso of paragraph (1) and paragraph (2), the

junior administrative officer, etc. of the court shall, subsequent to the

end of such date, prepare the protocol pursuant to an explanation of the

presiding judge, and additionally enter such purports.

Article 153 (Formal Matters to be Entered)

The following matters shall be entered in a protocol by the junior ad-

ministrative officer, etc. of a court, and the presiding judge and the said

officer, etc. shall sign and seal thereto: Provided, That in case where

there exists any reason by which the presiding judge is unable to sign

CIVIL PROCEDURE ACT

32

and seal, a judge of the collegiate panel shall sign and seal after enter-

ing such reason, and in case where there exists any reason by which all

judges thereof are unable to sign and seal, the junior administrative of-

ficer, etc. of the court shall enter the reasons therefor:

1. Indication of the case;

2. Names of the judges and the junior administrative officer, etc. of the

court;

3. Name of the public prosecutor present;

4. Names of the parties, representatives, and interpreters who have

attended, and names of parties absent;

5. Date and place of the pleading; and

6. Whether or not the pleading is openly held, and in case where it was

held in closed session, the reason therefor.

Article 154 (Substantial Matters to be Entered)

The gist of pleading shall be entered in the protocol, but matters falling

under each of the following subparagraphs shall be specially clarified:

1. Compromise, waiver or recognition of claim, withdrawal of litiga-

tion, and confession;

2. Oaths and testimonies by witnesses and expert witnesses;

3. Results of inspection;

4. Matters to be entered under an order of the presiding judge, and those

to be entered under a permit of the said judge upon motion of the par-

ties;

5. Judgments which have not been prepared in writing; and

6. Pronouncement of the judgment.

Article 155 (Ommission, etc. of Entry in Protocol)

(1) Matters to be entered in a protocol may be omitted under the condi-

tions as prescribed by the Supreme Court Regulations: Provided, That

the same shall not apply if any objection has been raised by the parties.

(2) Provisions of the text of paragraph (1) shall not apply to an obser-

vance of provisions regarding a method of pleading, compromise, waiver

or recognition of claim, withdrawal of litigation, and confession.

Article 156 (Quotation and Attachment of Documents, etc.)

Documents, photographs, and any such others as deemed proper by a

court may be quoted in a protocol and may be made a part of the protocol

by being attached to the record of litigation.

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33

Article 157 (Interested Party’s Right to Request Reading of Protocol, etc.)

Protocol shall, if requested by an interested party, be read to him or

be made available for his perusal.

Article 158 (Verifiability of Protocol)

What the provisions for the method of pleadings are observed shall be

verifiable only by the protocol: Provided, That the same shall not apply

to the case where the protocol has been lost.

Article 159 (Stenographing and Tape-recording of Pleadings)

(1) A court may, if deemed necessary, tape-record the whole or part of

pleadings, or order a stenographer to dictate them, and if any party re-

quests to tape-record or stenograph them, it shall order to do so, un-

less there exists any special reason.

(2) The recorded tapes and stenographic records under paragraph (1)

shall be made a part of the protocol.

(3) In cases where any entry in the protocol has been substituted by the

recorded tapes or stenographic records pursuant to paragraphs (1) and (2),

upon request by the parties or when otherwise prescribed by the Su-

preme Court Regulations prior to the closure of litigation, a protocol shall

be prepared by adjusting the gist of the recorded tapes or stenographic

records.

(4) In cases where a protocol has been prepared under paragraph (3),

the court may destroy the recorded tapes or stenographic records, if the

judgment becomes final or both parties consent thereto. In this case, if

the parties fail to raise any objection within two weeks from the date

of receiving a notice that the recorded tapes and stenographic records

will be destroyed, they shall be deemed to consent to destruction.

Article 160 (Provisions Applied Mutatis Mutandis to Other Protocols)

The provisions of Articles 152 through 159 shall apply mutatis mutan-

dis to the interrogation or question, and the examination of evidence

by a court or a commissioned or entrusted judge.

Article 161 (Method of Motion or Statement)

(1) Motions and other statements may be made either in writing or orally,

unless there exists a special provision.

(2) Oral statements shall be made in the presence of the junior admin-

istrative officer, etc. of a court.

(3) In cases of paragraph (2), the junior administrative officer, etc. of

CIVIL PROCEDURE ACT

34

the court shall prepare a protocol or other documents pursuant to the

purport of motions or statements, and then sign and seal thereon.

Article 162 (Request for Perusal of Litigation Record, and for Delivery

of Certificates)

(1) A party or a third person vindicating the interests may, as prescribed

by the Supreme Court Regulations, file a request with a junior adminis-

trative officer, etc. of a court for a perusal and copying of litigation re-

cords, and delivery of the authentic copy, a certified copy or an abridged

copy of the judicial documents or protocol, or delivery of a certificate of

matters related to the litigation.

(2) Anyone may apply for a perusal of litigation records of the final and

conclusive judgement for the purpose of relief of right, academic research

or public interest to a junior administrative officer, etc. of the court as

prescribed by the Supreme Court Regulations: Provided, That to the

litigation records concerning oral proceedings that have been prohibited

from opening to the public, this shall not apply. <Newly Inserted by Act No.

8438, May 17, 2007>

(3) In cases where the relevant interested parties to the litigation do not

agree, the court shall not allow perusal in the case of an application for

perusal under paragraph (2). In this case, matters necessary for the ex-

tent of interested parties to litigation, agreement, etc. shall be prescribed

by the Supreme Court Regulations. <Newly Inserted by Act No. 8438, May 17,

2007>

(4) Those who have perused or copied litigation records shall not injure

public order or good public morals, nor harm reputation or quiet life of

the interested parties by utilizing the matters that they came to know

by perusal or copying. <Newly Inserted by Act No. 8438, May 17, 2007>

(5) For the request under paragraphs (1) and (2), one shall pay the fees

as prescribed by the Supreme Court Regulations. <Amended by Act No. 8438,

May 17, 2007>

(6) The authentic copy, a certified copy or an abridged copy of the judi-

cial documents or protocol shall contain their purports, and a junior

administrative officer, etc. of the court shall sign and seal thereon.

Article 163 (Restriction on Perusal, etc. for Protection of Secrets)

(1) In cases where there exists a vindication that it falls under any of

the following subparagraphs, the court may limit the parties by its ruling,

CIVIL PROCEDURE ACT

35

upon their motion, to the persons eligible to file a request for perusal

or copying of the portions containing any secrets from among the litiga-

tion records, or for delivery of the authentic copy, a certified copy or an

abridged copy of the portions containing any secrets from among the judi-

cial documents or protocol (hereinafter referred to as the “perusal, etc. of

the portions containing secrets”):

1. When any grave secrets concerning the party’s private life are en-

tered in the litigation records, and if the perusal, etc. of the portions

containing secrets is allowed to a third party, there exists a con-

cern about causing a great impediment to the party’s social life; and

2. When any business secrets of the party (referring to the trade se-

crets as stipulated in subparagraph 2 of Article 2 of the Unfair

Competition Prevention and Trade Secret Protection Act) are en-

tered in the litigation records.

(2) In cases where there exists a request under paragraph (1), no third

party may apply for a perusal, etc. of the portions containing secrets

not later than the time when the judgment on such request becomes fi-

nal and conclusive.

(3) The court keeping the litigation records may, upon request of a third

party vindicating interests, revoke the ruling under paragraph (1) on the

ground that there exists no cause falling under any subparagraph of

paragraph (1), or such a cause has been extinguished.

(4) An immediate appeal may be made against the ruling rejecting a re-

quest under paragraph (1), or against the ruling as to a request under

paragraph (3).

(5) The ruling of revocation under paragraph (3) shall take effect only

when it becomes final and conclusive.

Article 164 (Objection against Protocol)

When the concerned persons have raised any objection against matters

entered in a protocol, the purports thereof shall be entered in the protocol.

SECTION 2 Specialized Examination Commissioner

Article 164-2 (Participation of Specialized Examination Commissioner)

(1) In order to make litigation relations clear or to proceed litigation pro-

cedures (including investigation of evidence, reconciliation, etc.; hereafter

CIVIL PROCEDURE ACT

36

the same shall apply in this Section) smoothly, the court may designate,

pursuant to Article 164-4 (1), specialized examination commissioners

ex officio or upon application of parties and have them participate in the

litigation procedures.

(2) Specialized examination commissioners may submit a paper stating

explanation or opinion, or declare explanation or opinion after attending

the litigation procedures that require specialized knowledge on the ap-

pointed date: Provided, That in the mutual consent of a judgement, they

shall not participate.

(3) Specialized examination commissioners may question the parties of

litigation, such as parties, witnesses, appraisers, etc. on the appointed

date with permission of the presiding judge.

(4) The court shall give the parties an opportunity to state an opinion

orally or in writing with regard to the paper submitted by specialized

examination commissioners pursuant to paragraph (2), or to the statement

of explanation or opinion of specialized examination commissioners pur-

suant to paragraph (2).

[This Article Newly Inserted by Act No. 8499, Jul. 13, 2007]

Article 164-3 (Revocation of Decision of Participation of Specialized

Examination Commissioner)

(1) When the court recognizes it as appropriate, it may revoke the deci-

sion pursuant to Article 164-2 (1) ex officio or upon application of the

parties.

(2) When parties apply for the revocation of decision pursuant to Article

164-2 (1) by mutual agreement notwithstanding paragraph (1), the court

shall revoke the decision.

[This Article Newly Inserted by Act No. 8499, Jul. 13, 2007]

Article 164-4 (Designation, etc. of Specialized Examination Commis-

sioner)

(1) Where the court has specialized examination commissioners partici-

pate in the litigation procedures pursuant to Article 164-2 (1), it shall

designate one or more specialized examination commissioners for each

case after hearing opinions of the parties.

(2) Specialized examination commissioners shall be paid allowances as

prescribed by the Supreme Court Regulations, and shall also be paid

traveling expenses, daily wages and lodging expenses if necessary.

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37

(3) Other matters necessary for the designation of specialized examina-

tion commissioners shall be prescribed by the Supreme Court Regulations.

[This Article Newly Inserted by Act No. 8499, Jul. 13, 2007]

Article 164-5 (Exclusion and Challenge of Specialized Examination Com-

missioner)

(1) Articles 41 through 45 and 47 shall apply mutatis mutandis to spe-

cialized examination commissioners.

(2) Specialized examination commissioners who have received applica-

tion for exclusion or challenge shall not participate in the litigation pro-

cedures of the case that has been applied until a decision on the appli-

cation is made conclusive. In this case, the specialized examination

commissioners may state their opinion on the application for exclusion

or challenge concerned.

[This Article Newly Inserted by Act No. 8499, Jul. 13, 2007]

Article 164-6 (Authority of Commissioned Judge, etc.)

Where a commissioned judge or entrusted judge proceeds litigation pro-

cedures, the duties of court or presiding judge pursuant to Article 164-2

(2) through (4) shall be conducted by such commissioned judge or en-

trusted judge.

[This Article Newly Inserted by Act No. 8499, Jul. 13, 2007]

Article 164-7 (Crime of Divulging Secret)

Where a person who is, or used to be, a specialized examination commis-

sioner divulges secrets of other persons, which he came to know in the

course of performing his duties, he shall be punished by imprisonment

of 2 years or less, or a fine of ten million won or less.

[This Article Newly Inserted by Act No. 8499, Jul. 13, 2007]

Article 164-8 (Fictitious Public Official in Application of Penal Provi-

sions)

Specialized examination commissioners shall be deemed as a public offi-

cial in the application of penal provisions in Articles 129 through 132

of the Criminal Act.

[This Article Newly Inserted by Act No. 8499, Jul. 13, 2007]

SECTION 3 Date and Period

Article 165 (Designation and Alteration of Date)

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(1) Dates shall be fixed by the presiding judge either ex officio or upon

request of the parties: Provided, That the date of interrogation or ques-

tioning by a commissioned judge or an entrusted judge shall be fixed

by such commissioned or entrusted judge.

(2) If agreed by the parties, an alteration of the first date of pleading

or of the first date of preparatory pleading shall be permitted, even in

cases of nonexistence of significant reasons.

Article 166 (Date on Legal Holidays)

A date may be fixed for legal holidays, only when it is necessary.

Article 167 (Notification of Date)

(1) A date shall be notified by serving a written notice of the date or

a summons: Provided, That for persons who have appeared for the case

in question, a direct notice of date shall suffice.

(2) A court may give notice of a date by such simple method as pre-

scribed by the Supreme Court Regulations. In this case, the court shall

not inflict any legal sanctions and other disadvantages due to a neglect

of the date on the parties, witnesses, expert witnesses, etc. who have

failed to appear on the date.

Article 168 (Effect of Written Consent to Appearance)

When any person involved in a litigation has submitted a letter stating

that he intends to appear on a specific date, it shall have the same effect

as a service of a written notice of date or a summons.

Article 169 (Commencement of Date)

A date shall commence by calling out the case and names of the parties.

Article 170 (Calculation of Period)

Calculation of the period shall be governed by the provisions of the Civil

Act.

Article 171 (Commencement of Period)

In cases where the time of commencement has not been set in a judgment

to set a period, the said period shall progress from the time when the

judgment takes effect.

Article 172 (Flexibility of Period and Additional Period)

(1) A court may extend or shorten a statutory period or a period fixed

by the court itself: Provided, That the same shall not apply to the invari-

able period.

(2) A court may, in regard to the invariable period, fix an additional

CIVIL PROCEDURE ACT

39

period in favor of persons domiciled or residing in distant places.

(3) The presiding judge, a commissioned judge or an entrusted judge

may extend or shorten the period fixed by the court pursuant to the pro-

visions of paragraphs (1) and (2), or that fixed by himself.

Article 173 (Subsequent Completion of Procedural Acts)

(1) In cases where a party could not observe an invariable period due

to any cause not attributable to himself, he may subsequently complete

the procedural acts which he failed to conduct, within two weeks from

the date on which such a cause has been extinguished: Provided, That

for a party who was in a foreign country at the time such a cause was

extinguished, such period shall be fixed for thirty days.

(2) The provisions of Article 172 shall not apply to the period under par-

agraph (1).

SECTION 4 Service

Article 174 (Principle of Service Ex Officio)

Unless otherwise prescribed in this Act, a service shall be effected by

a court ex officio.

Article 175 (Persons to Deal with Service Affairs)

(1) Affairs related to service shall be dealt with by the junior admin-

istrative officer, etc. of a court.

(2) A junior administrative officer, etc. of a court may entrust the af-

fairs under paragraph (1) to a junior administrative officer, etc. of the

court or an execution officer of a district court having jurisdiction over

the place of service.

Article 176 (Service Agency)

(1) Service shall be carried out by mail or an execution officer, or in

such a manner as prescribed by the Supreme Court Regulations.

(2) Service by mail shall be carried out by a mailman.

(3) A service agency may, if required for a service, request a national

police official to render assistances. <Amended by Act No. 7849, Feb. 21, 2006>

Article 177 (Service by Junior Administrative Officer, etc. of Court)

(1) A junior administrative officer, etc. of a court may effect a service

directly to the persons who have appeared for the relevant case.

(2) When a junior administrative officer, etc. of a court has delivered a

CIVIL PROCEDURE ACT

40

document within the relevant court to the person on whom service is to

be made, and received a receipt thereof, it shall have the effect of ser-

vice.

Article 178 (Principle of Service by Delivery)

(1) Except as otherwise prescribed, a service shall be effected by deliv-

ering a certified copy or duplicate of documents to the person on whom

service is to be made.

(2) When a protocol and other documents have been prepared in lieu of a

submission of documents to be served, the certified copy or abridged copy

thereof shall be delivered.

Article 179 (Service on Incompetent to Stand Trial)

Service to be made on an incompetent to stand trial shall be made to

his legal representative.

Article 180 (Service on Joint Representatives)

In case where several persons jointly exercise the right of representa-

tion, it suffices to effect a service upon any one of them.

Article 181 (Service on Persons Related to Military)

Service on a person belonging to an office or vessel for military use shall

be effected on the head of such office or vessel.

Article 182 (Service on Confined Person, etc.)

Service to be made on the persons arrested, detained or confined in a

correctional institution, detention center, or detention room in a national

police agency shall be effected on the head of the correctional institution,

detention center or national police agency. <Amended by Act No. 7849, Feb.

21, 2006>

Article 183 (Place of Service)

(1) Service shall be made at the domicile, residence, business place or of-

fice of the person on whom service is to be made (hereinafter referred

to as the “domicile, etc.”): Provided, That a service to be made on a legal

representative may be effected even at the business place or office of

the principal.

(2) When the place under paragraph (1) is unknown or a service is not

attainable at such place, such service may be effected at the domicile,

etc. of other person, where a recipient of service is engaged by an em-

ployment, entrustment and other legal acts (hereinafter referred to as

the “work place”).

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41

(3) When the domicile, etc. or work place of a person on whom service

is to be made is not located in Korea or is unknown, such service may

be effected at any place where such person is encountered.

(4) Even in the case of a person who has a domicile, etc. or a work place,

a service may, unless he refuses to accept the service, be effected at

the place where he is encountered.

Article 184 (Report on Place to Accept Service)

A party or his legal representative or attorney may file a report with the

court on a place other than his domicile, etc. (limited to a place within

the Republic of Korea), by determining it as the place of service. In this

case, such a report may be filed by determining the recipient of service.

Article 185 (Duty to Report Change in Place of Service)

(1) When a party or his legal representative or attorney changes the

place of service, he shall promptly file a report on such purports with

the court.

(2) Documents to be served on a person who has failed to make a report

under paragraph (1) may, in case where a place of service otherwise is

unknown, be forwarded to the previous place of service, in such a man-

ner as prescribed by the Supreme Court Regulations.

Article 186 (Supplementary Service, and Service by Leaving)

(1) When a recipient of service has been unavailable at the place of ser-

vice other than his work place, the document may be delivered to his

clerk, employee or co-habitant, who is man of sense.

(2) When a recipient of service has been unavailable at the work place,

the document may be delivered to another person under Article 183 (2),

or his legal representative or employee, including his service worker, who

is man of sense, unless he refuses an acceptance of the document.

(3) When a recipient of service of a document or a person to whom the

document is to be transferred under paragraph (1) refuses to accept such

service without any justifiable reason, such document may be left at the

place where the service is to be effected.

Article 187 (Service by Mail)

When a service is not attainable pursuant to the provisions of Article 186,

the junior administrative officer, etc. of a court may forward a document

in such a manner as prescribed by the Supreme Court Regulations, such

as registered mail, etc.

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Article 188 (Service by Box)

(1) Notwithstanding the provisions of Articles 183 through 187, the doc-

uments to be served may be served by installing within a court a box

to put them in (hereinafter referred to as the “service box”).

(2) Service to utilize a service box shall be carried out by the junior

administrative officer, etc. of a court.

(3) In case where a recipient of service has failed to accept and take the

documents from a service box, such documents shall be deemed to have

been served if three days have passed since they were put in the service

box.

(4) Procedures and fees for using the service box, method of service by

using the service box, and matters related to the documents to be served

by the service box, shall be prescribed by the Supreme Court Regulations.

Article 189 (Principle of Forwarding)

In case where documents have been forwarded pursuant to the provi-

sions of Article 185 (2) or 187, such documents shall be deemed to have

been served at the time of forwarding.

Article 190 (Service on Legal Holidays, etc.)

(1) Upon request of parties, a service may be effected by an execution

officer or such a person as prescribed by the Supreme Court Regulations,

even on a legal holiday or before sunrise or after sunset.

(2) When the service is effected under paragraph (1), the junior admin-

istrative officer, etc. of a court shall make an additional entry of such

reasons in the document to be served.

(3) Service effected in violation of the provisions of paragraphs (1) and (2)

shall be effective only when the recipient of a delivery of documents has

accepted them.

Article 191 (Method of Service in Foreign Country)

Service to be effected in a foreign country shall be entrusted by the presiding

judge to the Korean ambassador, minister or consul stationed therein or

the competent government authorities of such country.

Article 192 (Service on Military Personnel Gone to War, or on Persons,

etc. Relevant to Military Who are Stationed Abroad)

(1) Service to be effected on persons serving in the armed forces gone to

war or stationed abroad, or on crews of vessels serving in the armed forces,

shall be entrusted by the presiding judge to the competent commanders.

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(2) The provisions of Article 181 shall apply mutatis mutandis to the

service under paragraph (1).

Article 193 (Notification of Service)

The agency which has effected a service shall notify the court of reasons

for such service in such a manner as prescribed by the Supreme Court Reg-

ulations.

Article 194 (Requirements for Service by Public Notice)

(1) In case where the domicile, etc. or the work place of a party is unknown,

or where it is impossible to follow the provisions of Article 191 in regard

to a service to be effected in a foreign country, or it is deemed to be in-

effective even if such provisions are followed, the presiding judge may,

either ex officio or upon request of parties, order a service by public notice.

(2) For the request under paragraph (1), the reasons therefor shall be

vindicated.

Article 195 (Method of Service by Public Notice)

Service by public notice shall be effected in such a manner that the ju-

nior administrative officer, etc. of a court keeps the document to be served

and posts the reasons therefor on the court’s bulletin board, or in such

other manners as prescribed by the Supreme Court Regulations.

Article 196 (Taking Effect of Service by Public Notice)

(1) The first service by public notice shall take effect only with the lapse

of two weeks since the date of effecting under Article 195: Provided,

That any subsequent service by public notice to the same party shall take

effect from the day next to its effecting.

(2) In the case of a service by public notice as to the service to be effected

in a foreign country, the period under the text of paragraph (1) shall be

two months.

(3) The period under paragraphs (1) and (2) shall not be shortened.

Article 197 (Authority of Commissioned Judge, etc. to Effect Service)

The authority of the presiding judge for a service may be exercised by

a commissioned judge, an entrusted judge, and also any judge of the dis-

trict court having jurisdiction over the place of service.

SECTION 5 Judgement

Article 198 (Final Judgment)

A court shall, after completion of its trial on litigation, render a final

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judgment.

Article 199 (Period of Pronouncing Final Judgment)

Judgment shall be pronounced within five months from the date on which

a lawsuit has been filed: Provided, That in an appellate trial and in a trial

on an appeal to the Supreme Court, it shall be made within five months

from the date on which the record of proceedings has been received.

Article 200 (Partial Judgment)

(1) A court may, where it has completed a trial on part of a lawsuit,

render a final judgment on such part.

(2) The provisions of paragraph (1) shall apply mutatis mutandis to the

cases where a trial is completed on one of several lawsuits whose plead-

ings have been combined, and where a trial on a principal lawsuit or a

counter lawsuit is completed.

Article 201 (Interlocutory Judgment)

(1) A court may, if a trial on the means of an independent offence or

defence or on any other intermediate contests is conducted, render an

interlocutory judgment.

(2) In case where there exists a contest for the cause and amount of claim,

an interlocutory judgment may be rendered even on such cause.

Article 202 (Principle of Free Evaluation of Evidence)

A court shall determine, by its free conviction, whether or not an allega-

tion of facts is true, taking account of the whole purport of pleadings

and the results of examination of evidence, on the basis of the ideology

of social justice and equity in accordance with the principles of logic and

experiences.

Article 203 (Principle of Disposition)

A court shall not render any judgment on matters which have not been

claimed by the parties.

Article 204 (Principle of Directness)

(1) Judgment shall be made by the judges who have taken part in the

pleadings forming a foundation thereof.

(2) In case where a judge has been replaced, the parties shall make a

statement on the result of previous pleadings.

(3) In case where a judge in the single-judge case has been replaced, the

court shall, if a party has again made a motion for examination of the

witnesses who have been formerly questioned, execute such examination.

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The same shall also apply in case where not less than half the judges in

collegiate panel have been replaced.

Article 205 (Taking Effect of Judgment)

A judgment shall take effect by a pronouncement thereof.

Article 206 (Method of Pronouncement)

The presiding judge shall pronounce a judgment by reading the text

thereof pursuant to the original of judgment, and if deemed necessary,

he may briefly explain the grounds therefor.

Article 207 (Date of Pronouncement)

(1) A judgment shall be pronounced within two weeks from the date on

which pleadings have been concluded, and even in a complex case or when

there exists any other special situations, it shall not exceed four weeks

from the date on which pleadings have been concluded.

(2) A judgment may be pronounced even if the parties are not present

in the court.

Article 208 (Matters, etc. to be Entered in Written Judgment)

(1) A written judgment shall contain matters falling under each of the

following subparagraphs, and the judges who have rendered the judg-

ment shall sign and seal thereon:

1. Parties and their legal representatives;

2. Text;

3. Gist of the claim, and that of the appeal;

4. Grounds;

5. Date on which the pleadings have been concluded: Provided, That

where a judgment is rendered without holding any pleadings, the

date on which the judgment is pronounced; and

6. The court.

(2) On the grounds in a written judgment, a judgment on allegations

by the parties and on other means of offence and defence shall be stated

to the extent that a propriety of the text is admittable.

(3) Notwithstanding the provisions of paragraph (2), in case where a

judgment in the first instance falls under any one of the following sub-

paragraphs, only the matters necessary for specifying the claims and those

as to the judgment under Article 216 (2) may be briefly indicated therein:

1. Judgment made without holding any pleadings under Article 257;

2. Judgment in case where Article 150 (3) is applied; and

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3. Judgment in case where a defendant has failed to appear on the date

of pleadings, while he received a notification of date under a service

by public notice pursuant to Articles 194 through 196.

(4) When a judge has an impediment in signing and sealing on the

written judgment, another judge shall enter the reason therefor and sign

and seal thereon.

Article 209 (Delivery to Junior Administrative Officer, etc. of Court)

A written judgment shall be promptly delivered to the junior adminis-

trative officer, etc. of a court, subsequent to the pronouncement.

Article 210 (Service of Written Judgment)

(1) The junior administrative officer, etc. of a court shall serve a written

judgment on the parties within two weeks from the date of receiving it.

(2) The service of a written judgment shall be effected with its authentic

copy.

Article 211 (Correction of Judgment)

(1) When it is evident that there exists a miscalculation, mistaken entry

or other similar errors in a judgment, the court may render a ruling of

correction, either ex officio or upon request of the parties.

(2) A ruling of correction shall be additionally entered into the original

copy and authentic copy of the judgment: Provided, That when such

additional entry into the authentic copy is impossible, an authentic copy

of the ruling shall be prepared, and served on the parties.

(3) An immediate appeal may be made against a ruling for correction:

Provided, That the same shall not apply to the case where a lawful ap-

peal has been lodged against the judgment.

Article 212 (Omission of Judgment)

(1) In case where a court has omitted a judgment on part of a claim,

such part of the claim shall remain under the continued judgment by

the said court.

(2) In case where a judgment on the litigation costs has been omitted,

the court shall, either ex officio or upon request of the parties, render

a judgment thereon. In this case, the provisions of Article 114 shall ap-

ply mutatis mutandis.

(3) A judgment on the litigation costs under paragraph (2) shall lose

its effect when a lawful appeal has been lodged against the judgment on

the merits of the case. In this case, the court of appeals shall render a

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judgment on the total costs of the litigation.

Article 213 (Pronouncement of Provisional Execution)

(1) For a judgment on a claim for property rights, the court shall pro-

nounce that a provisional execution may be carried out ex officio with

or without any security furnished, unless there exists a fair ground for

not attaching a pronouncement of provisional execution: Provided, That

in a judgment on a monetary claim for a bill or check, the court shall

pronounce that a provisional execution may be carried out without any

security.

(2) The court may, either ex officio or upon request of the parties, pro-

nounce that a provisional execution may be exempted by furnishing

whole amount of the claims as security.

(3) Pronouncement under paragraphs (1) and (2) shall be entered in

the text of judgment.

Article 214 (Mutatis Mutandis Application of Provisions on Security for

Litigation Costs)

The provisions of Articles 122, 123, 125 and 126 shall apply mutatis

mutandis to the security under Article 213.

Article 215 (Invalidation of Pronouncement of Provisional Execution,

Restoration of Provisional Execution to Original Status, and Com-

pensation for Damages)

(1) Pronouncement of a provisional execution shall lose its effect within

the extent of alterations by such pronouncement, or by a pronouncement

of a judgment altering a judgment on the merits of the case.

(2) In case where a judgment on the merits of a case is altered, the court

shall order, at its judgment upon motion of the defendant, the plaintiff

to return what has been provided by the pronouncement of a provisional

execution, and to compensate the damage incurred by the provisional

execution or that incurred by efforts to obtain the exemption thereof.

(3) The provisions of paragraph (2) shall apply to the case where a judg-

ment on the merits of a case is altered, subsequent to the alteration of a

pronouncement of provisional execution.

Article 216 (Objective Extent of Res Judicata)

(1) A final and conclusive judgment shall have the effect of res judicata

in so far as the matters contained in the text thereof are concerned.

(2) An adjudication on whether or not a claim alleging a setoff is consti-

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tuted shall have the effect of res judicata only in respect of the amount

pleaded to offset.

Article 217 (Effect of Foreign Judgment)

A final and conclusive judgment by a foreign court shall be acknowl-

edged to be valid, only upon the entire fulfillment of the following re-

quirements:

1. That an international jurisdiction of such foreign court is recognized

in the principles of an international jurisdiction pursuant to the Acts

and subordinate statutes of the Republic of Korea, or to the treaties;

2. That a defeated defendant received, pursuant to a lawful method, a

service of a summons or a document equivalent thereto, and a notice

of date or an order, with a time leeway sufficient to defend (excluding

the case pursuant to a service by public notice or similar service),

or that he responded to the lawsuit even without being served;

3. That such judgment does not violate good morals and other social or-

der of the Republic of Korea; and

4. That there exists a mutual guarantee.

Article 218 (Subjective Extent of Res Judicata)

(1) A final and conclusive judgment shall be binding on the parties,

successors subsequent to a closure of pleadings (successors subsequent

to a pronouncement of judgment, in the case of a judgment without hold-

ing any pleadings), or persons possessing the object of claims on their

behalf.

(2) In the case of paragraph (1), when a party has failed to state the

fact of succession not later than a closure of pleadings (when a judgment

is pronounced, in the case of a judgment without holding any pleadings),

it shall be presumed that such succession has been made after a clo-

sure of pleadings (after a pronouncement of judgment, in the case of a

judgment rendered without holding any pleadings).

(3) A final and conclusive judgment rendered to the person, who became

a plaintiff or defendant for another person, shall also be binding on the

said another person.

(4) The provisions of paragraphs (1) through (3) shall apply mutatis

mutandis to the pronouncement of a provisional execution.

Article 219 (Dismissal of Lawsuit without Holding Any Pleadings)

In the case of an unjustifiable lawsuit whose defects are not rectifiable,

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such lawsuit may be dismissed by a judgment without holding any

pleadings.

Article 220 (Effect of Protocol of Compromise or of Waiver or Recognition

of Claims)

When a compromise or a waiver or recognition of claims is entered in

the protocol of pleadings or that of the preparatory date for pleading,

such protocol shall have the same effect as a final and conclusive judg-

ment.

Article 221 (Notice of Ruling or Order)

(1) A ruling or order shall take effect, if it is notified by a reasonable

method.

(2) A junior administrative officer, etc. of a court shall make an addi-

tional entry of the method, place and date of notice in the original copy

of the judgment, and shall affix his seal thereon.

Article 222 (Cancellation of Ruling and Order relating to Control of Lit-

igation)

A ruling and order relating to the control of litigation may be cancelled

at any time.

Article 223 (Objection against Disposition Taken by Junior Administra-

tive Officer, etc. of Court)

On the objection against a disposition taken by a junior administrative

officer, etc. of a court, the court whereto belongs the said officer, etc.

shall render a judgment by its ruling.

Article 224 (Mutatis Mutandis Application of Provisions relating to

Judgment)

(1) Provisions relating to judgments shall apply mutatis mutandis to

rulings and orders, unless they are contrary to the nature of the latter:

Provided, That the signature of a judge may be substituted by writing his

name, and an entry of reasons may be omitted.

(2) Provisions of Articles 248 and 250 of the Non-Contentious Case Lit-

igation Procedure Act relating to the public prosecutor shall not be ap-

plicable to a judgment on a fine for negligence under this Act.

S E C T I O N 6 R u l i n g o f R e c o m m e n d a t i o n f o r

Compromise

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Article 225 (Recommendation for Compromise by Ruling)

(1) A court, commissioned judge or entrusted judge may, on the case

during the pendency of action, render ex officio a ruling of recommending

a compromise in order to fairly settle the case by taking account of the

parties’ interest and all other situations, within the limit not contrary

to the gist of claim.

(2) The junior administrative officer, etc. of the court shall serve on the

parties the authentic copy of a protocol or written ruling in which the

contents of ruling under paragraph (1) are entered: Provided, That

such service shall not be effected by the methods as stipulated in Article

185 (2), 187 or 194.

Article 226 (Objection against Ruling)

(1) The parties may raise an objection against the ruling under Article

225 within two weeks from the date of receiving a service of the au-

thentic copy of the relevant protocol or written ruling: Provided, That

such an objection may be raised even before a service of such authentic

copy.

(2) The period under paragraph (1) shall be an invariable period.

Article 227 (Method of Objection)

(1) An objection shall be made by submitting a written objection to the

court rendering a ruling of recommending a compromise.

(2) A written objection shall contain the following:

1. Parties and their legal representatives; and

2. Indication of a ruling of recommending a compromise, and the purport

of objection against it.

(3) The provisions concerning a preparatory documents shall be appli-

cable mutatis mutandis to a written objection.

(4) When an objection is raised under the provisions of Article 226 (1),

the duplicate of the written objection shall be served on the other party

to such objection.

Article 228 (Withdrawal of Objection)

(1) The party who has raised an objection may withdraw his objection

by obtaining a consent of the other party, not later than the time when

a judgment in such instance is declared.

(2) Article 266 (3) through (6) shall be applicable mutatis mutandis to

the withdrawal under paragraph (1). In this case, the term “lawsuit” shall

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be read as an “objection”.

Article 229 (Waiver of Right to Object)

(1) Rights to object may be waived before the objection is raised.

(2) Any waiver of rights to object shall be made in written statement.

(3) The written statement under paragraph (2) shall be served on the

other party.

Article 230 (Dismissal of Objection)

(1) In case where an objection is contrary to the legal method, or is found

to have been raised subsequent to an extinction of rights to object, the

court, commissioned judge or entrusted judge shall, if such defects are

not rectifiable, reject it by its ruling; and when a commissioned judge

or entrusted judge has failed to dismiss it, the court of lawsuit shall dis-

miss it by its ruling.

(2) An immediate appeal may be raised against the ruling under par-

agraph (1).

Article 231 (Effect of Ruling of Recommending Compromise)

A ruling of recommending a compromise shall take the same effect as a

judicial compromise, if it falls under any one of the following subpar-

agraphs:

1. When there exists no objection within the period under Article 226

(1);

2. When a ruling of dismissing an objection has become final and con-

clusive; and

3. When the party concerned withdraws his objection, or waives his right

to object.

Article 232 (Return to Litigation, etc. by Objection)

(1) When an objection is lawful, a litigation shall return to the status

prior to a ruling of recommending a compromise. In this case, any proce-

dural acts taken earlier shall take effect as they are.

(2) A ruling of recommending a compromise shall lose its effect when a

judgment has been declared at the instance of court.

SECTION 7 Interruption and Suspension of

Proceedings

Article 233 (Interruption due to Party’s Death)

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(1) Proceedings shall be interrupted upon a party’s death. In this case,

the proceedings shall be taken over by his successor, an administrator

of inherited property, or any other person who is bound to continue the

lawsuit pursuant to Acts.

(2) A successor shall not take over the proceedings while he is able to

waive the succession.

Article 234 (Interruption due to Merger of Juristic Person)

Proceedings shall be interrupted when the juristic person which is a

party ceases to exist due to a merger. In this case, the proceedings shall

be taken over by a juristic person established by merger, or a juristic

person surviving after a merger.

Article 235 (Interruption due to Loss of Litigation Capacity or Extinc-

tion of Legal Representation Authority)

Proceedings shall be interrupted when a party loses a litigation capac-

ity, or when his legal representative dies or loses his authority of repre-

sentation. In this case, the proceedings shall be taken over by the party

who has recovered his litigation capacity or by the person who has become

his legal representative.

Article 236 (Interruption due to Termination of Trustee’s Duties)

Proceedings shall be interrupted upon termination of the duties of a

trustee under a trust. In this case, the proceedings shall be taken over

by a new trustee.

Article 237 (Interruption due to Disqualification)

(1) Proceedings shall be interrupted when a person, who became a party

to a lawsuit, under a specific qualification, in his own name and on be-

half of another person, loses such qualification or dies. In this case, the

proceedings shall be taken over by a person having the same qualifi-

cation.

(2) In a lawsuit in which the persons to become parties have been ap-

pointed pursuant to Article 53, the proceedings shall be interrupted if

all the appointed parties lose their qualification or die. In this case, the

proceedings shall be taken over by all persons who have appointed the

parties, or by a person who has been newly appointed as a party.

Article 238 (Exceptions in Case of Existence of Attorney)

The provisions of Articles 233 (1) and 234 through 237 shall not apply

to the case where there exists an attorney.

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Article 239 (Interruption due to Party’s Bankruptcy)

Proceedings relating to the bankrupt foundation shall be interrupted when

a party has been adjudged bankrupt. In this case, if the bankruptcy

procedures are terminated before a takeover under the Debtor Reha-

bilitation and Bankruptcy Act has been effected, a person who has been

adjudged bankrupt shall deservedly take over the proceedings. <Amended

by Act No. 7428, Mar. 31, 2005>

Article 240 (Interruption due to Termination of Bankruptcy Procedures)

Proceedings shall be interrupted when the bankruptcy procedures are

terminated subsequent to a takeover of litigation relating to the bank-

rupt foundation pursuant to the Debtor Rehabilitation and Bankruptcy

Act. In this case, a person who has been adjudged bankrupt shall take

over the proceedings. <Amended by Act No. 7428, Mar. 31, 2005>

Article 241 (Right of Other Party to Request Takeover)

Request for a takeover of proceedings may be filed even by the other party.

Article 242 (Notification of Request for Takeover)

When there exists a request for a takeover of proceedings, the court shall

notify the other party thereof.

Article 243 (Judgment on Request for Takeover)

(1) A court shall, ex officio, inquire into the request for takeover of

proceedings and shall reject it by a ruling if it is deemed groundless.

(2) With respect to the takeover of proceedings which have been inter-

rupted subsequent to the service of a judgment, a ruling thereon shall

be made by the court having rendered such judgment.

Article 244 (Ex Officio Order to Proceed)

In case where parties fail to take over the proceedings, the court may

ex officio order them to proceed with the proceedings.

Article 245 (Suspension due to Court’s Inability to Perform Functions)

In case where a court is unable to perform its functions by a natural di-

saster or other accidents, the proceedings shall be suspended until such

accidents cease to exist.

Article 246 (Suspension due to Party’s Impediments)

(1) In case where a party is unable to continue the proceedings due to

an impediment of indefinite duration, the court may order by its ruling

to suspend the proceedings.

(2) The court may revoke the ruling under paragraph (1).

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Article 247 (Effect of Suspension of Proceedings)

(1) A judgment may be declared even while the proceedings are sus-

pended.

(2) Interruption or suspension of proceedings shall stop a progress of

period, and the whole period shall newly progress from the time when

the takeover of proceedings is notified or when the proceedings resume.

PART Ⅱ PROCEEDINGS IN COURT

OF FIRST INSTANCE

CHAPTER Ⅰ INSTITUTION OF LAWSUIT

Article 248 (Method of Institution of Lawsuit)

A lawsuit shall be instituted by filing a written complaint with a court.

Article 249 (Matters to be Entered in Written Complaint)

(1) In a written complaint, the parties and their legal representatives,

and the gist and counts of the claim shall be entered.

(2) Provisions relating to preparatory documents shall apply mutatis

mutandis to a written complaint.

Article 250 (Lawsuit for Confirmation of Whether or Not Document is

Authentic)

A lawsuit for confirmation may also be instituted in order to determine

whether or not the document verifying legal relations is authentic.

Article 251 (Lawsuit Claiming Future Performance)

A lawsuit claiming a performance in the future may be instituted only

if there exists any necessity for claiming in advance.

Article 252 (Lawsuit for Alteration to Judgment of Periodical Payment)

(1) Subsequent to a final and conclusive judgment ordering the payment

of periodic payments, when a special situation occurs which greatly in-

fringes on the equilibrium between the parties, as the situations forming

the basis for computing such payments were significantly changed, the

parties to such judgment may institute a lawsuit claiming to change the

amount of periodic payments to be paid in the future.

(2) A lawsuit under paragraph (1) shall be under the exclusive jurisdic-

tion of the adjudicating court of the first instance.

Article 253 (Objective Consolidation of Lawsuits)

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Several claims may be instituted in one lawsuit only in the case of

conforming to the same kind of proceedings.

Article 254 (Right of Presiding Judge to Examine Written Complaint)

(1) In case where a written complaint is contrary to the provisions of

Article 249 (1), the presiding judge shall fix a reasonable period, and

order to rectify the defects within such fixed period. The same shall also

apply to the case where stamps as required under the provisions of Acts

are not affixed to the written complaint.

(2) When the plaintiff has failed to rectify the defects within the period

under paragraph (1), the presiding judge shall dismiss the written com-

plaint by his order.

(3) An immediate appeal may be made against the order under para-

graph (2).

(4) The presiding judge may, where he deems it necessary while exam-

ining the written complaint, order the plaintiff to submit in a detailed

writing the instrument of evidence commensurate with the reasons for

claim, and in case where the plaintiff has failed to append a certified

copy or a copy of the evidentiary document quoted by him in the written

complaint, the said judge may order him to submit it.

Article 255 (Service of Duplicate of Written Complaint)

(1) A court shall serve a duplicate of a written complaint on the defen-

dant.

(2) The provisions of Article 254 (1) through (3) shall apply mutatis mu-

tandis to the case where a duplicate of a written complaint is unable to

be served.

Article 256 (Liability to Submit Written Defence)

(1) In case where a defendant contests the claim of a plaintiff, he shall

submit a written defence within 30 days from the date of receiving a

service of a duplicate of the written complaint: Provided, That the same

shall not apply to the case where the defendant has received a service

of a duplicate of the written complaint by the method of a service by pub-

lic notice.

(2) The court shall, when serving a duplicate of the written complaint,

notify the defendant of the purport of paragraph (1).

(3) The court shall serve a duplicate of the written defence on the plain-

tiff.

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(4) The provisions relating to the preparatory document shall apply to

the written defence.

Article 257 (Judgment Rendered without Holding Any Pleadings)

(1) A court may, when a defendant has failed to submit a written defence

under Article 256 (1), render a judgment without holding any pleadings

by deeming that he has confessed the facts constituting the counts of the

claim: Provided, That the same shall not apply to the case where there

exist any matters to be investigated ex officio, or where the defendant

has submitted a written defence with a purport that he contests the claim

of a plaintiff until a judgment is declared.

(2) The provisions of paragraph (1) shall apply mutatis mutandis to the

time when the defendant submits a written defence with a purport of

confessing all the facts constituting the counts of the claim and fails to

make a separate plea.

(3) The court may, when serving a duplicate of the written complaint on

the defendant, concurrently notify him of the date of declaring a judgment

without holding any pleadings under the provisions of paragraphs (1)

and (2).

Article 258 (Designation of Date for Pleading)

(1) The presiding judge shall designate the date for pleading immediately,

except for the cases where an adjudication is given without pleading pursuant

to Article 257 (1) and (2): Provided, That this shall not apply where

it is required to bring a case to the preparatory proceedings for pleading.

(2) The presiding judge shall, where the preparatory proceedings for pleading

are completed, designate the date for pleading immediately. [This Article Wholly Amended by Act No. 9171, Dec. 26, 2008]

Article 259 (Prohibition of Double Lawsuits)

For the case pending before a court, neither party shall institute any law-

suit again.

Article 260 (Rectification of Defendant)

(1) In case where it is obvious that a plaintiff has mistakenly designated

a defendant, the court of first instance may, upon request of the plaintiff,

permit by its ruling to rectify the defendant, until a close of pleadings:

Provided, That if the defendant has already submitted a preparatory doc-

ument on the merits of the case or made any statement or pleaded during

the preparatory date for pleading, his consent shall be obtained.

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(2) A rectification of the defendant shall be requested in writing.

(3) The writing under paragraph (2) shall be served on the other party:

Provided, That the same shall not apply to the case where a duplicate

of the written complaint has not been served on the defendant.

(4) If the defendant fails to raise any objection within two weeks from

the date of having received the notice under paragraph (3), he shall be

deemed to have given his consent under the proviso of paragraph (1).

Article 261 (Service, etc of Ruling as to Request for Rectification)

(1) Any ruling on a request under Article 260 (1) shall be served on the

defendant: Provided, That the same shall not apply when a duplicate of

the written complaint has not been served on the defendant.

(2) When a ruling has been rendered to permit a request, the authentic copy

of such ruling and a duplicate of the written complaint shall be served on

the new defendant.

(3) An immediate appeal may be made against the ruling to permit a

request, only if the cause of appeal is a lack of consent.

(4) When a ruling has been rendered to permit a request, the lawsuit

against the previous defendant shall be deemed to have been withdrawn.

Article 262 (Alteration in Claims)

(1) A plaintiff may alter the gist or counts of the claim within the extent

that the basis of such claim is not altered, not later than when the plead-

ings are closed (when a judgment is declared, in the case of the judgment

without holding any pleadings): Provided, That the same shall not apply

to the case where it causes a significant delay in the proceedings.

(2) Any alteration in the gist of the claim shall be requested in writing.

(3) The writing under paragraph (2) shall be served on the other party.

Article 263 (Disapproval of Alteration in Claims)

When a court deems that any alteration in the gist or counts of the claim

is not rightful, it shall render a ruling to the effect that such alteration

is not permitted, either ex officio or upon motion of the other party.

Article 264 (Lawsuit for Interlocutory Confirmation)

(1) When a judgment is bound up with whether or not a legal relation-

ship is to be constituted, which has become an issue in the progress

of the lawsuit, a party may separately file a lawsuit requesting a con-

firmation of such legal relationship: Provided, That it shall be limited

to when the said request for confirmation does not fall under the exclusive

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jurisdiction of another court.

(2) The request under paragraph (1) shall be made in writing.

(3) The writing under paragraph (2) shall be served on the other party.

Article 265 (Time to Interrupt Prescription due to Institution of Lawsuit)

A judicial claim required for interrupting a prescription or for observing

a statutory period, shall take effect when the lawsuit has been instituted,

or when the writing has been submitted to the court pursuant to the

provisions of Article 260 (2), 262 (2) or 264 (2).

Article 266 (Withdrawal of Lawsuit)

(1) A lawsuit may be withdrawn in whole or in part, not later than when

the judgment becomes final and conclusive.

(2) Any withdrawal of a lawsuit shall take effect only by obtaining a con-

sent of the other party, if the other party has already submitted the

preparatory document on the merits of the case, or made any statement

or pleaded during the preparatory date for pleading.

(3) Any withdrawal of a lawsuit shall be made in writing: Provided, That

it may be effected orally at the pleading or during the preparatory date

for pleading.

(4) Subsequent to a service of the written complaint, the written with-

drawal shall be served on the other party.

(5) In the case of the proviso of paragraph (3), when the other party

has not appeared at the pleading or during the preparatory date for

pleading, a certified copy of the protocol of such date shall be served upon

him.

(6) In case where the other party has not raised any objection within

two weeks from the date on which a written withdrawal of a lawsuit

was served, he shall be deemed to have consented to the withdrawal of

the lawsuit. In the case of the proviso of paragraph (3), the same shall

also apply to the case where the other party fails to raise any objection

within two week from the date of withdrawing the lawsuit in case where

he appeared on the prescribed date, or within two weeks from the date

of serving a certified copy under paragraph (5) in case where he failed

to appear on the fixed date.

Article 267 (Effect of Withdrawal of Lawsuit)

(1) No lawsuit shall be deemed to have been pending before the court

so far as the withdrawn part thereof is concerned.

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(2) No person who has withdrawn a lawsuit after the final judgment on

the merits of the case had been rendered shall bring the same lawsuit

again.

Article 268 (Case of Non-appearance of Both Parties)

(1) When both parties to a lawsuit have failed to appear on the date for

pleading, or failed to plead even if they appeared, the presiding judge

shall fix another date for pleading, and notify both parties thereof.

(2) When both parties have failed to appear on the new date for pleading

under paragraph (1) or on another date for pleading held subsequently,

or failed to plead even if they appeared, if any of them fails to file a

request for a designation of another date within a month, such lawsuit

shall be deemed to have been withdrawn.

(3) When both parties have failed to appear on the other date for pleading

designated pursuant to a request for a designation of such date under

paragraph (2) or on the subsequent date for pleading, or failed to plead

even if they appeared, such lawsuit shall be deemed to have been with-

drawn.

(4) The provisions of paragraphs (1) through (3) shall apply mutatis

mutandis to the proceedings of appeal: Provided, That in the proceedings

of appeal, it shall be deemed that the appeal has been withdrawn.

Article 269 (Counterclaim)

(1) A defendant may file a counterclaim with the court whereto the prin-

cipal lawsuit is pending, not later than a conclusion of pleadings, only

in a case where it does not remarkably delay the proceedings: Provided,

That the same shall apply only to the case where the claim forming an

object of lawsuit does not fall under an exclusive jurisdiction of another

court, and is mutually related to the claim or the means of defence of

the principal lawsuit.

(2) In case where the principal lawsuit is a case presided over by a single

judge, when the defendant files a counterclaim falling under the juris-

diction of collegiate panel, the court shall, either ex officio or upon re-

quest of the parties, transfer the principal lawsuit and the counterclaim

to the collegiate panel by its ruling: Provided, That the same shall not

apply to the case where it holds a jurisdiction over the counterclaim pur-

suant to Article 30.

Article 270 (Procedures for Counterclaim)

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Any counterclaim shall follow the provisions relating to the principal

lawsuit.

Article 271 (Withdrawal of Counterclaim)

When a principal lawsuit has been withdrawn, the defendant may with-

draw the counterclaim without obtaining a consent of the plaintiff.

CHAPTER Ⅱ PLEADING AND PREPA-

RATION THEREFOR

Article 272 (Concentration of Pleading, and Preparation Therefor)

(1) A pleading shall be concentrated, and the parties shall prepare it in

writing.

(2) A pleading for a case presided over by a single judge shall not be

required to be prepared in writing: Provided, That the same shall not

apply to the matters which are unexplainable if not prepared by the

other party.

Article 273 (Submission, etc. of Briefs)

Briefs shall be submitted in such way that the other party may have suf-

ficient period to make preparations for the matters as stated therein,

and the court shall serve a duplicate thereof on the other party.

Article 274 (Matters to be Entered in Briefs)

(1) A brief shall contain the matters falling under each of the following

subparagraphs, and the party or his representative shall put his name

and seal, or sign thereto:

1. Names, titles or trade names and domiciles of the parties;

2. Names and domiciles of the representatives;

3. Indication of the case;

4. Means of an averment or a defense;

5. Statements on a claim of the other party and on his means of averment

or defence;

6. Indication of the attached documents;

7. Date of the preparation; and

8. Indication of the court.

(2) In the matters under paragraph (1) 4 and 5, the method of evidence

to verify a factual allegation, and the opinion on the method of evidence

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of the other party, shall be concurrently contained.

Article 275 (Documents Attached to Briefs)

(1) A certified copy or a copy of a document held by the party, which

has been quoted in the briefs, shall be attached to the briefs.

(2) If a part of a document is required, it suffices to attach an abridged

copy of such a part, and if the document is voluminous, it suffices to in-

dicate such document.

(3) The document under paragraphs (1) and (2) shall, if requested by

the other party, be shown to him in its original copy.

Article 276 (Effect of Non-entry in Briefs)

Facts not stated in the briefs shall not be alleged in pleadings unless

the other party is present in the court: Provided, That the same shall

not apply to the case where no briefs are required pursuant to the pro-

visions of the text of Article 272 (2).

Article 277 (Attachment of Translation)

A translation shall be attached to the document written in a foreign lan-

guage.

Article 278 (Summarized Briefs)

The presiding judge may, if deemed that it is difficult to grasp the point

of the means of offence and defence of the parties, order the parties before

a closure of pleadings to submit the briefs summarizing the issues and

the results of adjusting evidences.

Article 279 (Execution of Preparatory Proceedings for Pleadings)

(1) In the preparatory proceedings for pleading, the allegations and evidence

of the parties shall be adjusted, so as to have the pleadings carried out

in an efficient and concentrated manner. <Amended by Act No. 9171, Dec. 26, 2008>

(2) The presiding judge may, when there exists a special situation, put

the case to the preparatory proceedings for pleadings, even after opening

the date of pleadings.

Article 280 (Progress of Preparatory Proceedings for Pleadings)

(1) Preparatory proceedings for pleadings shall progress, with fixing a

period, by means of making the parties submit the briefs and other docu-

ments or exchange them between themselves, or letting them apply for

examination of evidence to prove the alleged facts.

(2) The progress of preparatory proceedings for pleadings shall be under

the charge of the presiding judge.

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(3) For the case presided over by a collegiate panel, the presiding judge

may designate a member of the collegiate panel as a commissioned judge,

and have him take charge of the preparatory proceedings for pleadings.

(4) The presiding judge may, if deemed necessary, entrust another judge

with the progress of preparatory proceedings for pleadings.

Article 281 (Examination of Evidence in Preparatory Proceedings for

Pleadings)

(1) The presiding judge, commissioned judge, or judge under Article 280 (4)

who progresses the preparatory proceedings for pleadings (hereinafter

referred to as the “presiding judge, etc.”) may, if deemed necessary for

the preparation for pleadings, render a ruling of evidence.

(2) In the case of a collegiate case, the provisions of Article 138 shall

apply mutatis mutandis to an objection by the parties against the ruling

of evidence under paragraph (1).

(3) The presiding judge, etc. may conduct an examination of evidence

within the limit necessary to achieve the objectives under Article 279 (1):

Provided, That an interrogation of the witnesses and parties may be

conducted only when they fall under Article 313.

(4) In the case of paragraphs (1) and (3), the presiding judge, etc. shall

perform the duties of a court and presiding judge as stipulated by this

Act.

Article 282 (Date for Preparatory Pleading)

(1) The presiding judge, etc. may open a date for preparatory pleading

and have the parties attend there, if deemed necessary for arranging

the allegations and evidences during the progress of the preparatory

proceedings for pleadings.

(2) If four months have elapsed without any designation of the date for

preparatory pleading after the case was put to the preparatory proceed-

ings for pleadings, the presiding judge, etc. shall promptly designate the

date for preparatory pleading or close the preparatory proceedings for

pleadings.

(3) The parties may attend on the date for preparatory pleading together

with a third party, by obtaining a permit of the presiding judge, etc.

(4) The parties shall arrange and submit the allegations and evidences

necessary for a preparation of pleadings, not later than the end of the

date for preparatory pleading.

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(5) The presiding judge, etc. may take all measures necessary for the

preparation of a pleading, not later than the end of the date for prepar-

atory pleading.

Article 283 (Protocol of Date for Preparatory Pleadings)

(1) The matters as indicated in Article 274 (1) 4 and 5 shall be entered

in a protocol of the date for preparatory pleadings pursuant to the state-

ment of the parties. In this case, especially the statements related to

evidences shall be recorded distinctively.

(2) The provisions of Articles 152 through 159 shall apply mutatis mu-

tandis to a protocol of the date for preparatory pleadings.

Article 284 (Conclusion of Preparatory Proceedings for Pleadings)

(1) The presiding judge, etc. shall, if it falls under any one of the fol-

lowing subparagraphs, conclude the preparatory proceedings for plead-

ings: Provided, That the same shall not apply when there exists a proper

reason for continuing a preparation for pleadings:

1. When six months have passed since the case was put to the prepar-

atory proceedings for pleadings;

2. When a party has failed to submit the briefs, etc. within the period

as stipulated under Article 280 (1), or to apply for examination of

evidence; and

3.When a party has failed to appear on the date for preparatory plead-

ing.

(2) In case where the preparatory proceedings for pleadings are con-

cluded, the presiding judge, etc. may designate in advance the date for

pleading.

Article 285 (Effect of Concluding Date for Preparatory Pleadings)

(1) Means of offence and defence that have not been submitted on the

date for preparatory pleadings may be submitted at the pleading, only

when they fall under any one of the following subparagraphs:

1. When a lawsuit is not remarkably retarded by their submission;

2. When it has been vindicated that they were not submitted in the

preparatory procedures for pleadings without any grave negligence;

or

3. When they are the matters to be investigated ex officio by the court.

(2) The provisions of paragraph (1) shall not affect an application of

the provisions of Article 276 to the pleadings.

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(3) Matters entered in the written complaint or in the briefs submitted

before the preparatory procedures for pleadings may be alleged at the

pleadings, notwithstanding the provisions of paragraph (1): Provided,

That the same shall not apply when withdrawn or altered in the prepar-

atory procedures for pleadings.

Article 286 (Provisions Applied Mutatis Mutandis)

The provisions of Articles 135 through 138, 140, 142 through 151, 225

through 232, and 268 and 278 shall apply mutatis mutandis to the

preparatory procedures for pleadings.

Article 287 (Pleadings after Conclusion of Preparatory Procedures for

Pleadings)

(1) A court shall, when it has concluded the preparatory procedures for

pleadings, ensure that the pleadings are to be closed immediately after

going through the first date for pleading, and the parties shall cooperate

therein.

(2) The parties shall state the outcomes of the date for preparatory plead-

ings at the date for pleading after a conclusion of the date for prepara-

tory pleadings.

(3) The court shall promptly perform, on the date for pleadings, an ex-

amination of evidence pursuant to the results as adjusted in the prepar-

atory procedures for pleadings.

CHAPTER Ⅲ EVIDENCE

SECTION 1 General Provisions

Article 288 (Facts not Requiring Attestation)

The facts confessed by the parties in the court and the evident facts do

not require any attestation: Provided, That confession contrary to the

truth may be revoked when it is attested that it has been made due to

any mistake.

Article 289 (Application for Examination of Evidence, and Investigation

Thereof)

(1) In applying for an examination of evidence, the facts to be attested

shall be indicated.

(2) An application for an examination of evidence, and an investigation

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65

thereof may be made even before the date for pleadings.

Article 290 (Adoption or Rejection of Application for Examination of

Evidence)

A court may not, if it has deemed that the evidences applied by a party

for examination are unnecessary, investigate them: Provided, That the

same shall not apply when it is the sole evidence for the party’s alleged

facts.

Article 291 (Impediment in Examination of Evidence)

A court may, in case where it is unknown whether an examination of evi-

dence is conductible or when it is conductible, dispense with an exami-

nation thereof.

Article 292 (Ex Officio Examination of Evidence)

A court may, if it fails to obtain a conviction by the evidence offered by

parties, or otherwise deems it necessary, conduct ex officio an exami-

nation of evidence.

Article 293 (Concentration of Examination of Evidence)

An examination of witnesses and parties shall be convergently performed

after the allegations and evidences of the parties have been adjusted.

Article 294 (Entrustment of Examination)

A court may entrust a public agency, school or other organization and

individual, or a foreign public agency with the examination required for

matters belonging to its functions, or with the forwarding of a certified

copy or a copy of documents kept by it.

Article 295 (Examination of Evidence under Non-Appearance of Party)

Any examination of evidence may be undertaken even if a party fails to

appear on the designated date.

Article 296 (Examination of Evidence in Foreign Country)

(1) Any examination of evidence to be undertaken in a foreign country

shall be entrusted to the Korean ambassador, minister or consul stationed

in that country or to a competent public agency of that country.

(2) Any examination of evidence undertaken in a foreign country shall,

even if it is contrary to the laws of that country, be valid unless it is

contrary to this Act.

Article 297 (Examination of Evidence Outside Court)

(1) A court may, if deemed necessary, undertake an examination of evi-

dence outside the court. In this case, it may order a member of the col-

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66

legiate panel to do so, or entrust a judge of another district court with

such examination.

(2) An entrusted judge may, if deemed necessary, further entrust an

examination of evidence to a judge of another district court. In this case,

he shall notify the court of the lawsuit and the parties of the reasons

therefor.

Article 298 (Forwarding of Record by Entrusted Judge)

An entrusted judge shall promptly forward the record concerning an ex-

amination of evidence to the court of the lawsuit.

Article 299 (Method of Vindication)

(1) Vindication shall be based on the evidence that may be promptly

examined.

(2) A court may substitute the vindication by making a party or his legal

representative deposit a security money or swear to the truth of his alle-

gations.

(3) The provisions of Articles 320, 321 (1), (3) and (4), and 322 shall

apply mutatis mutandis to the oath under paragraph (2).

Article 300 (Confiscation of Security Money)

When a party or his legal representative, who deposited security money

pursuant to the provisions of Article 299 (2), has made a false state-

ment, the court shall confiscate the security money by its ruling.

Article 301 (Sanction against False Statement)

When a party or his legal representative, who swore pursuant to the

provisions of Article 299 (2) has made a false statement, the court shall

impose by its ruling upon him a fine for negligence not exceeding two

million won.

Article 302 (Appeal)

An immediate appeal may be made against the ruling under Articles 300

and 301.

SECTION 2 Examination of Witness

Article 303 (Duty of Witness)

Except as otherwise prescribed, a court may examine any person as a

witness.

Article 304 (Examination of President, Speaker of National Assembly,

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67

Chief Justice of Supreme Court, and President of Constitutional Court)

In case where a court is to examine, as a witness, the President, the

Speaker of the National Assembly, the Chief Justice of the Supreme Court,

and the President of the Constitutional Court, or the person who has held

such office previously, on matters concerning the official secrets, it shall

obtain his consent thereto.

Article 305 (Examination of Members of National Assembly, Prime Min-

ister, or Members of State Council)

(1) In case where a court is to examine, as a witness, a member of the

National Assembly or a person who has held such office previously, on

matters concerning the official secrets, it shall obtain a consent of the

National Assembly.

(2) In case where a court is to examine, as a witness, the Prime Minister

or a member of the State Council, or a person who has held such office

previously, on matters concerning the official secrets, it shall obtain a

consent of the State Council.

Article 306 (Examination of Public Officials)

In case where a court is to examine, as a witness, a public official other

than those as prescribed in Articles 304 and 305, or a person who has

held such office previously, on matters concerning the official secrets, it

shall obtain a consent of the competent or supervisory government agency.

Article 307 (Limitation on Right to Refuse)

In the cases of Articles 305 and 306, the National Assembly, the State

Council, or the government agency under Article 306, shall not refuse to

give its consent unless any vital national interests could be impaired.

Article 308 (Motion for Examination of Witness)

When a party intends to make a motion for examination of a witness, he

shall do so by designating such a witness.

Article 309 (Matters to be Entered in Writ of Summons)

Matters falling under each of the following subparagraphs shall be en-

tered in a writ of summons for a witness:

1. Indication of parties;

2. Gist of matters to be examined; and

3. Legal sanction in the event of non-appearance.

Article 310 (Submission of Documents Substituting Testimony)

(1) A court may, if deemed reasonable by taking account of a witness

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and the matters to be attested, have such a witness submit the docu-

ments stating the matters to be testified, in substitution for his atten-

dance or testimony.

(2) The court may, when there exists an objection by the other party or

if deemed necessary, have a witness under paragraph (1) attend and

testify.

Article 311 (Fine for Negligence, etc. in Case of Non-Appearance of Wit-

ness)

(1) When a witness fails to appear without any justifiable reasons, the

court shall, by its ruling, order him to bear the costs of lawsuit incurred

thereby, and impose on him a fine for negligence not exceeding five million

won.

(2) When a witness again fails to appear without any justifiable reasons

even after receiving a judgment of a fine for negligence under para-

graph (1), the court shall, by its ruling, punish the witness by a deten-

tion for not more than 7 days.

(3) The court shall deliberate on whether or not there exist any justifiable

reasons under paragraph (2), by summoning the witness on the date of

detention judgment.

(4) A judgment on the punishment by a detention shall be enforced by

the court officials or national police officials through confining the offender

in a lockup in police station, correctional institution or detention center,

under the order of the presiding judge of the court rendering such judg-

ment. <Amended by Act No. 7849, Feb. 21, 2006>

(5) When a witness subjected to a judgment of detention is detained in

a detention facility as stipulated in paragraph (4), the head of compe-

tent detention facility shall promptly notify the court of such fact.

(6) The court shall, upon receipt of a notice under paragraph (5), open

the date for examining the witness without delay.

(7) When a witness subjected to a judgment of detention has testified

during the enforcement of his detention, the court shall promptly revoke

the ruling of detention, and order to release him.

(8) An immediate appeal may be made against the ruling under para-

graphs (1) and (2): Provided, That the provisions of Article 447 shall

not be applicable.

(9) Procedures for a trial under paragraphs (2) through (8) and an

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69

enforcement thereof, and other necessary matters, shall be prescribed by

the Supreme Court Regulations.

Article 312 (Compulsory Appearance of Witness Failing to Appear)

(1) A court may order a compulsory appearance of the witness who has

failed to appear without any justifiable reasons.

(2) The provisions of the Criminal Procedure Act concerning a compul-

sory appearance shall apply mutatis mutandis to such compulsory ap-

pearance under paragraph (1).

Article 313 (Examination of Witness by Commissioned or Entrusted Judge)

A court may, if it falls under any one of the following subparagraphs,

have a commissioned judge or an entrusted judge examine a witness:

1. When the witness is unable to appear before the court of the lawsuit

due to justifiable reasons;

2. When an appearance of the witness before the court of the lawsuit

requires the undue expenses or time; and

3. When there exist other reasonable reasons, against which the parties

do not raise any objection.

Article 314 (Right to Refuse Testimony)

A witness may refuse to testify if his testimony is related to such matters

that may cause a prosecution or conviction of himself or persons falling

under any of the following subparagraphs or may bring a disgrace to him-

self or to them: <Amended by Act No. 7427, Mar. 31, 2005>

1. Relatives of the witness, or persons who used to be in such relation-

ship; and

2. A guardian of the witness, or a person under the witness’s guardian-

ship.

Article 315 (Right to Refuse Testimony)

(1) A witness may refuse to testify if it falls under any of the following

subparagraphs:

1. When a lawyer, patent attorney, notary public, certified public ac-

countant, certified tax consultant, persons engaged in medical care,

pharmacist, or a holder of other post liable for keeping secrets under

Acts and subordinate statutes, or of a religious post, or a person who

used to be in such post, is examined on matters falling under the secrets

of his official functions; and

2. When he is examined on matters falling under his technical or professional

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secrets.

(2) The provisions of paragraph (1) shall not apply to the case where

the witness has been exempted from a liability for keeping secret.

Article 316 (Vindication of Grounds for Refusal)

Grounds for a refusal of testimony shall be vindicated.

Article 317 (Adjudication on Refusal of Testimony)

(1) The court of a lawsuit shall judge whether or not a refusal of testi-

mony is justifiable, by examining the parties.

(2) The parties or the witness may file an immediate appeal against the

adjudication under paragraph (1).

Article 318 (Sanction against Refusal of Testimony)

The provisions of Article 311 (1), (8) and (9) shall apply mutatis mutandis

when a witness has refused to testify after an adjudication became final

and conclusive, to the effect that his refusal to testify had no justifiable

grounds.

Article 319 (Obligation to Take Oath)

The presiding judge shall have a witness take oath prior to an exam-

ination: Provided, That he may administer it subsequent to an exami-

nation, when there exists a special reason.

Article 320 (Warning of Punishment for Perjury)

The presiding judge shall, prior to administering an oath, clarify the pur-

port of oath, and give a warning of the penalty for perjury.

Article 321 (Method of Taking Oath)

(1) An oath shall be administered pursuant to the written oath.

(2) The written oath shall state as follows: “I swear that I will tell

the truth according to conscience without concealing or adding anything,

and will accept punishment on a charge of perjury if I make a false

statement.”

(3) The presiding judge shall have a witness read the written oath aloud,

and put his name and seal or sign thereto; and in case where the wit-

ness is unable to read it or to put his name and seal or sign thereto,

the said judge shall have the participating junior administrative officer,

etc. of the court or other court officials act on his behalf.

(4) The witness shall stand up and take an oath solemnly.

Article 322 (Incompetency to Take Oath)

No oath shall be administered when examining a person falling under

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any one of the following subparagraphs:

1. A person under the age of 16 years; and

2. A person who is unable to comprehend the purport of an oath.

Article 323 (Exemption from Taking Oath)

Taking an oath may be dispensed with when examining the witness who

falls under Article 314 and has not refused to testify.

Article 324 (Right to Refuse to Take Oath)

A witness may refuse to take an oath when he is to be examined on mat-

ters in which he himself or such a specific person as listed in each

subparagraph of Article 314 is significantly interested.

Article 325 (Entry in Protocol)

When a witness has been examined without taking an oath, the rea-

sons therefor shall be entered in the protocol.

Article 326 (Sanction against Refusal of Taking Oath)

The provisions of Articles 316 through 318 shall apply mutatis mutandis

to the case where a witness refuses to take an oath.

Article 327 (Method of Examining Witness)

(1) A witness shall be examined first by the party who requested him

to appear, and thereafter by the other party.

(2) The presiding judge may examine the witness subsequent to the

completion of examinations under paragraph (1).

(3) The presiding judge may examine the witness at any time, notwith-

standing the provisions of paragraphs (1) and (2).

(4) The presiding judge may, if deemed adequate, alter the order of

examinations pursuant to the provisions of paragraphs (1) and (2) by

hearing the parties’ opinions.

(5) The presiding judge may restrict examinations by the parties when

such examinations are overlapped or irrelevant to the issue, or when

there exist other necessary situations.

(6) A member of a collegiate panel may examine a witness, by notifying

the presiding judge thereof.

Article 328 (Separate Examination and Exceptions Thereto)

(1) Each witness shall be examined separately.

(2) When a witness who has not been examined is present in the court

room, the presiding judge shall order him to leave the court room: Pro-

vided, That the presiding judge may, if deemed necessary, have the wit-

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ness who is to be examined stay in the court room.

Article 329 (Examination by Confrontation)

The presiding judge may, if deemed necessary, order the witnesses to

confront with each other.

Article 330 (Witness’s Obligation to Act)

The presiding judge may, if deemed necessary, have a witness write let-

ters in person or conduct other necessary acts.

Article 331 (Principle of Oral Statement by Witness)

A witness shall not testify by any documents: Provided, That the same

shall not apply if the presiding judge permits him to do so.

Article 332 (Authority of Commissioned or Entrusted Judge)

In case where a commissioned judge or an entrusted judge examines a

witness, he shall perform the functions of the court and its presiding judge.

SECTION 3 Expert Testimony

Article 333 (Application Mutatis Mutandis of Provisions relating to Ex-

amination on Witnesses)

The provisions of Section 2 shall apply mutatis mutandis to expert tes-

timony: Provided, That the same shall not apply to the cases of provi-

sions of Articles 311 (2) through (7), 312 and 321 (2).

Article 334 (Obligation to Give Expert Testimony)

(1) Any person who has knowledge and experience necessary for giving

expert testimony shall be liable for giving such testimony.

(2) Any person who may refuse to testify or to take an oath pursuant

to the provisions of Article 314 or 324 or who is listed in Article 322 shall

not become an expert witness.

Article 335 (Designation of Expert Witness)

An expert witness shall be designated by the court of a lawsuit, a com-

missioned judge or an entrusted judge.

Article 336 (Challenge to Expert Witness)

When there exist any circumstances under which an expert witness is

unable to faithfully give expert testimony, the parties may challenge him:

Provided, That when the parties have been aware of an existence of causes

for a challenge before such an expert witness makes a statement on mat-

ters for expert testimony, the parties shall not challenge him subsequent

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73

to a completion of his statement on the matters for expert testimony.

Article 337 (Procedure for Challenge)

(1) A motion for challenge shall be made to the court of a lawsuit, a

commissioned judge or an entrusted judge.

(2) Grounds for challenge shall be vindicated.

(3) No appeal shall be made against a ruling that there exists a justifi-

able ground for a challenge, whereas an immediate appeal may be filed

against a ruling that the challenge is groundless.

Article 338 (Method of Taking Oath)

The written oath shall state as follows: “I swear that I will faithfully give

my expert testimony according to conscience, and will accept punishment

on a charge of false expert testimony if I make a false statement.”

Article 339 (Method of Stating Expert Testimony)

(1) The presiding judge may have expert witnesses state their opinions

either in writing or orally.

(2) The presiding judge may, when he orders many expert witnesses to

make an expert testimony, have them state their opinions jointly or

severally.

Article 340 (Expert Witness)

Examinations as to the facts known through a special knowledge and

experience shall be governed by the provisions relating to the exami-

nation of a witness.

Article 341 (Entrustment for Expert Testimony)

(1) A court may, if deemed necessary, entrust an expert testimony to

a public agency, school, other organization having an adequate equip-

ment, or a foreign public agency. In this case, the provisions relating to

oaths shall not be applicable.

(2) The court may, if deemed necessary in the case of paragraph (1),

have the person designated by a public agency, school, other organiza-

tion or a foreign public agency make an explanation on a written expert

testimony.

Article 342 (Disposition Necessary for Expert Testimony)

(1) Expert witnesses may, in case where required for an expert testi-

mony, gain access to other person’s land, residence, house under man-

agement, structure, airplane, vessel, vehicle or other installations, by

obtaining a permit of the court.

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(2) When facing with any resistance in the case of paragraph (1), the

expert witness may request national police officials to provide an assis-

tance. <Amended by Act No. 7849, Feb. 21, 2006>

SECTION 4 Documentary Evidence

Article 343 (Method of Offering Documentary Evidence)

When a party intends to offer any documentary evidence, he shall do

so by a method of submitting the document, or by filing a request for

an order to make the person holding the document submit it.

Article 344 (Obligation to Submit Document)

(1) In the cases falling under any of the following subparagraphs, the

holder of a document shall not refuse to submit it:

1. When the party holds the document quoted in a lawsuit;

2. When the applicant holds a judicial right to ask the holder of the

document to transfer or show it to him; and

3. When the document has been prepared for the benefit of the appli-

cant, or prepared as to a legal relationship between the applicant and

the holder of document: Provided, That the same shall not apply to

the case falling under any one of the following causes:

(a) A document in which matters listed in Articles 304 through 306

are entered, and for which a consent stipulated in the same Arti-

cles has not been obtained;

(b) A document in which matters listed in Article 314 are entered as

to the person holding the document or a person in any such re-

lation with him as falling under any subparagraph of the same

Article; and

(c) A document in which matters stipulated in anyone among those

listed in each subparagraph of Article 315 (1) are entered, and

for which an obligation to keep secrets has not been exempted.

(2) Even except for the case of paragraph (1), in case where the docu-

ment (excluding the document kept or held by a public official or ex-public

official in connection with his duties) does not fall under any one of the

following subparagraphs, the person holding the document shall not re-

fuse to submit it:

1. A document listed in paragraph (1) 3 (b) and (c); and

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75

2. A document for the exclusive use by its holder.

Article 345 (Method of Requesting Submission of Document)

A request for submission of a document shall clarify matters falling under

each of the following subparagraphs:

1. Indication of the document;

2. Purport of the document;

3. Holder of the document;

4. Facts to be proved; and

5. Causes of an obligation to submit the document.

Article 346 (Submission of Document’s Catalogue)

A court may, if deemed necessary for a request under Article 345, and

pursuant to a request by the party that has generally indicated the pur-

port of documents subject to such a request or the facts to be proved by

such documents, order the other party to submit a written statement of

the indication and purport concerning the documents held by him in re-

lation to the contents of request or those to be submitted as a documen-

tary evidence in relation to the contents of request.

Article 347 (Judgment on Whether or not to Admit Request for Submission

of Document)

(1) A court may, if deemed that a request for submission of documents is

justifiable, order the holder of documents to submit them, by its ruling.

(2) If deemed that a request for submission of documents is well-grounded

only as to a part of such documents, the court shall order to submit such

part only.

(3) In case where a third person is ordered to submit a document, the court

shall examine the said person or a person designated by him.

(4) The court may, if deemed necessary for judging on whether a docu-

ment corresponds to Article 344, order its holder to produce such docu-

ment. In this case, the court shall not make such document open to other

persons.

Article 348 (Appeal)

An immediate appeal may be made against the ruling of a request for

an order to submit a document.

Article 349 (Effect When Party Fails to Submit Document)

When a party fails to comply with the order under Article 347 (1), (2)

and (4), the court may admit that the allegations of the other party as

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76

to the entries in such document prove true.

Article 350 (Effect When Party Obstructs Any Use)

When a party has, on purpose to prevent any use by the other party of

the document which he is ordered to submit, destroyed the document or

made it unusable, the court may admit that the allegations of the other

party as to the entries in such document prove true.

Article 351 (Sanction against Non-submission of Document by Third

Person)

When a third party fails to comply with the order under Article 347 (1),

(2) and (4), the provisions of Article 318 shall apply mutatis mutandis.

Article 352 (Entrusting Forwarding of Document)

A request for submission of a documentary evidence may also be made by

filing a request for entrusting the holder of document with forwarding

such document, notwithstanding the provisions of Article 343: Provided,

That the same shall not apply to cases where the parties are entitled

to demand delivery of the authentic copy or a certified copy of the docu-

ment under Acts and subordinate statutes.

Article 352-2 (Obligation to Cooperate)

(1) A person who has been entrusted with forwarding documents from

the court under Article 352 or a person who keeps documents that are

the object of investigation of evidence under Article 297 shall cooperate

with it unless there are justifiable reasons.

(2) When the person who has been entrusted with forwarding of docu-

ments does not keep the documents or cannot comply with the entrust-

ment of forwarding due to unavoidable reasons, he shall notify the court

of such reasons.

[This Article Newly Inserted by Act No. 8438, May 17, 2007]

Article 353 (Custody of Submitted Document)

A court may, if deemed necessary, have custody of the documents which

have been submitted or forwarded.

Article 354 (Examination by Commissioned Judge or Entrusted Judge)

(1) In cases where a court makes, pursuant to the provisions of Article

297, a commissioned judge or an entrusted judge conduct an examination

of evidence as to a document, it may determine the matters to be entered

in the relevant protocol.

(2) A certified copy or an abridged copy of the document shall be attached

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77

to the protocol under paragraph (1).

Article 355 (Method, etc. of Submission of Documents)

(1) When documents are submitted or forwarded to a court, they shall

be done in the form of an original copy, an authentic copy, or a certified

copy with authentication.

(2) The court may, if deemed necessary, either order to submit an orig-

inal copy or entrust to forward it.

(3) The court may make a party submit a certified copy or an abridged

copy of the document quoted by him.

(4) When a document has not been adopted as an evidence, the court

may, upon hearing opinions of the parties, either return or destroy an

original copy, authentic copy, certified copy, abridged copy, etc. of the

submitted document.

Article 356 (Presumption of Authenticity of Official Document)

(1) When a document is admitted to have been prepared by a public offi-

cial in the course of his duties, in view of its preparation method and

purport, it shall be presumed to be an authentic official document.

(2) When the authenticity of an official document is open to doubt, the

court may refer ex officio to the competent public agency.

(3) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis

to the documents which are admitted to have been prepared by a foreign

public agency.

Article 357 (Attestation of Authenticity of Private Document)

Authenticity of a private document shall be attested.

Article 358 (Presumption of Authenticity of Private Document)

A private document shall be presumed to be authentic when it bears

the signature, seal or thumbprint of the principal or of his representative.

Article 359 (Comparison of Handwritings or Impression of Seals)

Whether or not a document has been authentically prepared may be

proven by a comparison of handwritings or impression of seals.

Article 360 (Procedures for Submission of Documents for Comparison)

(1) The provisions of Articles 343, 347 through 350, and 352 through

354 shall apply mutatis mutandis to the case where the documents or

other articles bearing the handwritings or seal impressions required for

comparison are submitted or forwarded to a court.

(2) When a third person fails to comply with an order to submit under

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78

the provisions of paragraph (1) without any justifiable reasons, the court

shall impose upon him, by its ruling, a fine for negligence not exceeding

two million won.

(3) An immediate appeal may be made against the ruling under para-

graph (2).

Article 361 (Other Party’s Obligation to Write in Person)

(1) When there exists no handwriting suitable for comparison, the court

may order the other party to write down the relevant letters in person.

(2) When the other party fails to comply with the order under para-

graph (1) without any justifiable reasons, the court may admit that the

allegations of the applicant in respect of the authenticity of document

prove true. The same shall also apply to the case where the handwriting

has been done in an altered stroke of the pen.

Article 362 (Attachment of Document for Comparison)

An original copy, certified copy or abridged copy of the document which

has been offered for comparison shall be attached to the protocol.

Article 363 (Sanction against Denial of Authenticity of Compared Doc-

ument)

(1) When a party or his representative has contended for the authen-

ticity of a document by intention or gross negligence in violation of the

truth, the court shall impose on him by its ruling a fine for negligence

not exceeding two million won.

(2) An immediate appeal may be made against the ruling under para-

graph (1).

(3) In the case of paragraph (1), when a party or his representative who

has contended for the authenticity of a document, admits such authen-

ticity during the pendency of action in the court, the court may revoke

the ruling under paragraph (1).

SECTION 5 Inspection

Article 364 (Application for Inspection)

When a party intends to apply for an inspection, he shall do so by indicating

the purpose of the inspection.

Article 365 (Expert Testimony, etc. at Time of Inspection)

A commissioned judge or an entrusted judge may, if deemed necessary

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79

for an inspection, either give orders for expert testimony, or examine

witnesses.

Article 366 (Procedures, etc. for Inspection)

(1) The provisions of Articles 343, 347 through 350, and 352 through

354 shall apply mutatis mutandis to the presenting or forwarding of the

objects to be inspected.

(2) When a third person has failed, without any justifiable reasons, to

comply with an order for the presentation under paragraph (1), the court

shall impose on him by its ruling a fine for negligence not exceeding two

million won. An immediate appeal may be filed against such ruling.

(3) The court may, if deemed necessary for an inspection, make dispositions

as stipulated in Article 342 (1). In this case, when faced with a resistance,

it may request national police officials to render assistances. <Amended

by Act No. 7849, Feb. 21, 2006>

SECTION 6 Examination of Parties

Article 367 (Examination of Parties)

A court may, either ex officio or upon request of the parties, examine

the parties themselves. In this case, the court shall have the parties take

an oath.

Article 368 (Confrontation)

The presiding judge may, if deemed necessary, order the parties to con-

front each other or the witnesses.

Article 369 (Obligation to Appear, Take Oath or Testify)

When a party fails to appear, or refuses to take an oath or to testify with-

out any justifiable reasons, the court may admit the allegations of the

other party as to the matters to be examined to be true.

Article 370 (Sanction against False Testimony)

(1) When the sworn party has made a false testimony, the court may

impose on him by its ruling a fine for negligence not exceeding five mil-

lion won.

(2) An immediate appeal may be made against the ruling under para-

graph (1).

(3) The provisions of Article 363 (3) shall apply mutatis mutandis to

the ruling under paragraph (1).

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80

Article 371 (Examination Protocol)

When a party has been examined, whether or not an oath has been taken

and the details of his testimony shall be entered in the protocol.

Article 372 (Examination of Legal Representatives)

The provisions of Articles 367 through 371 shall apply mutatis mutandis

to the legal representatives of parties in the lawsuit: Provided, That this

shall not preclude the examination of the parties themselves.

Article 373 (Mutatis Mutandis Application of Provisions relating to Exam-

ination of Witnesses)

The provisions of Articles 309, 313, 319 through 322, 327, and 330

through 332 shall apply mutatis mutandis to the examination under this

Section.

SECTION 7 Other Evidences

Article 374 (Other Evidences)

Matters related to the examination of evidences which are not documents,

but drawings, photographs, recording tapes, video tapes, magnetic discs

for computers and other articles created to put the information therein,

shall be prescribed by the Supreme Court Regulations, corresponding to

the provisions of Sections 3 through 5.

SECTION 8 Preservation of Evidence

Article 375 (Requirements for Preservation of Evidence)

When deemed that unless an examination of evidence is conducted in

advance, there exist the situations which cause any use of the relevant

evidence to be difficult, the court may, upon motion of the parties, ex-

amine the evidence pursuant to the provisions of this Chapter.

Article 376 (Jurisdiction over Preservation of Evidence)

(1) A motion for preservation of evidence shall be made to the court of

instance which is to use such evidence, if the lawsuit concerned has al-

ready been instituted. However, if no lawsuit is instituted, it shall be

made to the district court having jurisdiction over a residence of the

person subject to an examination or the person possessing a document,

or over the place where the object intended for an inspection is located.

(2) In case of urgency, a motion for preservation of evidence may be made

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81

to the district court as stipulated in the latter part of paragraph (1),

even after the lawsuit concerned has been instituted.

Article 377 (Method of Making Motion)

(1) Matters falling under each of the following subparagraphs shall be

clarified in a motion for preservation of evidence:

1. Indication of the other party;

2. Facts to be proven;

3. Evidence intended to preserve; and

4. Reasons for preservation of evidence.

(2) Reasons for a preservation of evidence shall be vindicated.

Article 378 (Cases Where Other Party is Unable to be Designated)

A motion for preservation of evidence may be made even in the case where

it is impossible to designate the other party. In this case, the court may

appoint a special representative for the sake of a person who is to become

the opposite party.

Article 379 (Ex Officio Preservation of Evidence)

A court may, if deemed necessary, render ex officio a ruling of preser-

vation of evidence during the pendency of a lawsuit.

Article 380 (Prohibition of Appeal)

No appeal may be raised against a ruling for preservation of evidence.

Article 381 (Participation by Parties)

The date of an examination of evidence shall be notified to the appli-

cant and the other party: Provided, That the same shall not apply to

the case of urgency.

Article 382 (Record of Preservation of Evidence)

The record as to the preservation of evidence shall be forwarded to the

court where the record of a lawsuit on the merits is kept.

Article 383 (Expenses for Preservation of Evidence)

Expenses required for a preservation of evidence shall be made a part

of the costs of a lawsuit.

Article 384 (Reexamination in Pleading)

When a party requests that the witness examined already in the pro-

cedure for a preservation of evidence be again examined in pleading, the

court shall examine the said witness.

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CHAPTER Ⅳ COMPROMISE PROCEDURES

BEFORE INSTITUTING

LAWSUIT

Article 385 (Method to Request Compromise)

(1) As for a civil dispute, a party may file a motion for compromise with

the district court in the place where the general forum of the other party

is located, by specifying the gist and counts of a motion and the situa-

tions of the dispute.

(2) A party shall not entrust the other party with the right to appoint

a representative for the compromise under paragraph (1).

(3) The court may, if deemed necessary, order the appearance of the

party himself or his legal representative, in order to examine whether

or not the right of representation exists.

(4) The provisions relating to the litigation shall apply mutatis mutandis

to a motion for compromise, unless they are contrary to the nature of

compromise.

Article 386 (Case of Compromise Achieved)

When a compromise is achieved, the junior administrative officer, etc.

of a court shall indicate in the protocol the parties, their legal rep-

resentatives, the gist and counts of the motion, the terms of compromise,

the date and the court concerned, and the judge and the junior adminis-

trative officer, etc. of the court shall put their names and seals thereto.

Article 387 (Case of Failure to Achieve Compromise)

(1) When a compromise has not been achieved, the junior administrative

officer, etc. of a court shall enter the reasons therefor in the protocol.

(2) When the applicant or the other party fails to appear on the date,

the court may deem that no compromise has been achieved between them.

(3) The junior administrative officer, etc. of the court shall serve a certi-

fied copy of the protocol under paragraph (1) on the parties.

Article 388 (Motion for Institution of Lawsuit)

(1) In the case of Article 387, a party may file a motion for instituting

a lawsuit.

(2) If there exists a lawful motion for instituting a lawsuit, it shall be

deemed that the lawsuit has been instituted when a motion for a com-

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83

promise has been filed. In this case, the junior administrative officer,

etc. of the court shall promptly forward the record of litigation to the

competent court.

(3) The motion under paragraph (1) shall be filed within two weeks from

the date on which a certified copy of the protocol under Article 387 (3)

has been served: Provided, That this shall not preclude the filing of the

motion prior to the service of a certified copy of the protocol.

(4) The period under paragraph (3) shall be an invariable period.

Article 389 (Expenses of Compromise)

In case where a compromise has been achieved, the expenses thereof

shall be borne by each party unless otherwise agreed upon between the

parties, and in case where a compromise has not been achieved, they

shall be borne by the applicant: Provided, That where the motion for

instituting a lawsuit has been filed, the expenses of compromise shall be

made part of the costs of lawsuit.

PART Ⅲ APPEAL

CHAPTER Ⅰ APPEAL FROM TRIAL COURT

Article 390 (Object of Appeal)

(1) An appeal may be filed against a final judgment rendered by a district

court in the first instance: Provided, That the same shall not apply to

the case where both parties have agreed not to file an appeal subse-

quent to the final judgment, by withholding the right to file an appeal

in the second instance.

(2) The provisions of Article 29 (2) shall apply mutatis mutandis to the

agreement under the proviso of paragraph (1).

Article 391 (Judgment against Which Independent Appeal is Prohibited)

No independent appeal may be filed against a judgment on the costs of

lawsuit and on a provisional execution.

Article 392 (Decision Subject to Judgment of Court of Appeals)

Decisions preceding the final judgment shall be subject to the judgment

of the court of appeals: Provided, That the same shall not apply to the

decision against which an appeal is not allowed and to a ruling or order

over which an appellate court has jurisdiction.

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84

Article 393 (Withdrawal of Appeal)

(1) An appeal may be withdrawn before a final judgment has been ren-

dered at the appellate trial.

(2) The provisions of Articles 266 (3) through (5) and 267 (1) shall ap-

ply mutatis mutandis to the withdrawal of an appeal.

Article 394 (Waiver of Right to Appeal)

The right to appeal may be waived.

Article 395 (Method to Waive Right to Appeal)

(1) Waiver of the right to appeal shall be made in writing to the court

of first instance if it is before filing an appeal, and to the court keeping

the record of litigation if it is after filing an appeal.

(2) Documents related to a waiver of the right to appeal shall be served

on the other party.

(3) Any waiver of the right to appeal subsequent to filing an appeal,

shall also have the effect of a withdrawal of the appeal.

Article 396 (Period for Filing Appeal)

(1) An appeal shall be filed within two weeks from the date on which

the written judgment has been served: Provided, That this shall not pre-

clude the filing of an appeal prior to the service of the written judgment.

(2) The period under paragraph (1) shall be an invariable period.

Article 397 (Method of Filing Appeal, and Matters to be Entered in Petition

of Appeal)

(1) An appeal shall be made by filing a petition of appeal with the court

of first instance.

(2) Matters falling under each of the following subparagraphs shall be

entered in a petition of appeal:

1. Parties and their legal representatives; and

2. Indication of the judgment rendered at the first instance, and the

gist of an appeal against such judgment.

Article 398 (Application Mutatis Mutandis of Provisions Relating to Briefs)

Provisions relating to the briefs shall apply mutatis mutandis to a petition

of appeal.

Article 399 (Right of Presiding Judge in Original Instance to Examine

Petition of Appeal)

(1) In case where a petition of appeal is contrary to the provisions of

Article 397 (2) or where a stamp under the provisions of Acts is not at-

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85

tached to a petition of appeal, the presiding judge of the original instance

shall fix a reasonable period, and order the appellant to revise the defects

within such period.

(2) When the appellant fails to revise the defects within the period under

paragraph (1) or when it is obvious that he has passed the period of ap-

peal, the presiding judge of the original instance shall dismiss the peti-

tion of appeal by his order.

(3) An immediate appeal may be made against the order under para-

graph (2).

Article 400 (Forwarding of Record of Appeal)

(1) When a petition of appeal has not been dismissed, the junior admin-

istrative officer, etc. of the court of the original instance shall forward

the record of appeal, together with the petition of appeal, to the court

of appeal within two weeks from the date of filing the petition of appeal.

(2) When the presiding judge of the original instance has ordered to re-

vise the defects pursuant to Article 399 (1), the record of appeal shall

be forwarded within a week from the date on which such defects have

been revised.

Article 401 (Service of Duplicate of Petition of Appeal)

A duplicate of the petition of appeal shall be served on the appellee.

Article 402 (Right of Presiding Judge of Appellate Instance to Examine

Petition of Appeal)

(1) In case where the presiding judge of the original instance has failed

to issue an order under Article 399 (1) though a petition of appeal was

contrary to Article 397 (2) or the stamp under the provisions of Acts

was not attached to the petition of appeal, or where it is impossible to

serve a duplicate of the appeal petition, the presiding judge of the ap-

pellate instance shall fix a reasonable period and order the appellant

to revise the defects within such period.

(2) When the appellant has failed to revise the defects within the period

under paragraph (1), or when the presiding judge of the original instance

has failed to dismiss the petition of appeal under Article 399 (2), the

presiding judge of the appellate instance shall dismiss the petition of ap-

peal by his order.

(3) An immediate appeal may be made against the order under para-

graph (2).

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86

Article 403 (Incidental Appeal)

An appellee may file an incidental appeal not later than a conclusion

of the pleadings, even after the right to appeal has been extinguished.

Article 404 (Subordinate Nature of Incidental Appeal)

An incidental appeal shall lose its effect if the principal appeal has been

withdrawn, or dismissed on account of its illegality: Provided, That an

incidental appeal filed within the period of appeal shall be deemed to

be an independent appeal.

Article 405 (Method of Filing Incidental Appeal)

The provisions relating to an appeal shall apply to an incidental appeal.

Article 406 (Declaration of Provisional Execution)

(1) The court of appeals may, upon motion of the parties, declare by its

ruling a provisional execution against the portion of the judgment in the

first instance against which no appeal has been made.

(2) An immediate appeal may be made against the ruling which has re-

jected a motion under paragraph (1).

Article 407 (Scope of Pleading)

(1) Pleadings shall be made only to such an extent as the party demands

the alteration of the judgment rendered in the first instance.

(2) Parties shall state the result of pleadings in the first instance.

Article 408 (Mutatis Mutandis Application of Litigation Procedures in

First Instance)

Except as otherwise prescribed, the provisions of Chapters I through Ⅲ

of Part Ⅱ shall apply mutatis mutandis to the litigation procedures in

an appellate trial.

Article 409 (Effect of Procedural Acts in First Instance)

Procedural acts in the first instance shall continue to be effective even

in the appellate trial.

Article 410 (Effect of Preparatory Proceedings for Pleading in First In-

stance)

Preparatory proceedings for pleading in the first instance shall continue

to be effective even in the appellate trial.

Article 411 (Prohibition of Alleging Violation of Jurisdiction)

Parties shall not allege in the appellate trial that the court of first in-

stance has violated the jurisdiction: Provided, That the same shall not

apply to the exclusive jurisdiction.

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87

Article 412 (Institution of Counteraction)

(1) A counteraction may be instituted in case where there exists no con-

cern about inflicting any damage on the benefit of the other party’s in-

stance, or where a consent of the other party has been obtained.

(2) When the other party has made pleadings on the merits of a counter-

action without raising any objection, he shall be deemed to have con-

sented to the institution of the counteraction.

Article 413 (Dismissal of Appeal without Holding Pleadings)

If any defects of an illegal appeal are not revisable, such appeal may

be dismissed by a judgment without holding any pleadings.

Article 414 (Rejection of Appeal)

(1) The court of appeals shall reject the appeal when it deems that

the judgment of the first instance is justifiable.

(2) Even in case where the grounds for a judgment of the first instance

are not justifiable, when it is deemed that such judgment is justifiable

on account of other grounds, the appeal shall be rejected.

Article 415 (Scope of Admitting Appeal)

A judgment of the first instance may be altered within the extent of

dissatisfaction therewith: Provided, That the same shall not apply when

the allegation as to an offset has been admitted.

Article 416 (Revocation of Judgment of First Instance)

The court of appeals shall revoke a judgment of the first instance, when

it deems such judgment to be unjustifiable.

Article 417 (Revocation due to Violation of Adjudication Procedure)

The court of appeals shall revoke a judgment of the first instance, if the

procedure for a judgment of the first instance has been in violation of

Acts.

Article 418 (Essential Remand)

In case where a judgment of the first instance, which has dismissed a

lawsuit on account of its illegality, is revoked, the court of appeals shall

remand the case to the court of first instance: Provided, That in case

where the first instance has examined the case to the extent of being

able to render a judgment on the merits of the case, or where the par-

ties have consented thereto, the court of appeals may render a judg-

ment on the merits directly.

Article 419 (Transfer due to Violation of Jurisdiction)

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When a judgment of first instance has been revoked on account of the

violation of jurisdiction, the court of appeals shall transfer the case to

the competent court, by its judgment.

Article 420 (Method of Drafting Written Judgment)

A judgment of the first instance may be quoted in entering the grounds

for a judgment: Provided, That the same shall not apply to the case where

the judgment of the first instance has been prepared pursuant to Ar-

ticle 208 (3).

Article 421 (Return of Litigation Record)

When the appealing period has expired without filing the final appeal

subsequent to a conclusion of the litigation, the junior administrative

officer, etc. of the court shall forward the litigation record, together with

the written judgment or an authentic copy of the order under Article

402, to the court of first instance.

CHAPTER Ⅱ APPEAL TO SUPREME COURT

Article 422 (Object of Final Appeal)

(1) An appeal to the Supreme Court may be made against the final judg-

ment rendered by a high court or against the final judgment rendered

by a collegiate panel of a district court as a court of second instance.

(2) In the case of the proviso of Article 390 (1), an appeal to the Su-

preme Court may be made against the final judgment of the court of

first instance.

Article 423 (Grounds for Appeal to Supreme Court)

An appeal to the Supreme Court may be filed only when stating as the

grounds therefor that there has been a violation of the Constitution, Acts,

administrative decrees, or regulations, which has affected the judgment.

Article 424 (Absolute Grounds for Appeal to Supreme Court)

(1) When there exists in a judgment any one ground of the following

subparagraphs, it shall be deemed that there exists a justifiable ground

in the appeal to the Supreme Court:

1. When an adjudicating court has not been constituted in compliance

with the provisions of Acts;

2. When a judge, who is ineligible to take part in a judgment pursuant

to the provisions of Acts, has participated in the judgment;

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3. When the provisions as to an exclusive jurisdiction have been violated;

4. When there exists a defect in granting a legal representation right,

powers of attorney, or a special authority for the procedural acts by

a representative;

5.When the provisions for opening the pleadings to the public have been

violated; and

6. When the grounds for a judgment are not clarified, or there exists a

contradiction in such grounds.

(2) The provisions of paragraph (1) 4 shall not apply when there has

been a ratification pursuant to the provisions of Article 60 or 97.

Article 425 (Mutatis Mutandis Application of Procedures for Appellate

Trial)

Except as otherwise prescribed, the provisions of Chapter I shall apply

mutatis mutandis to an appeal to the Supreme Court and a litigation

procedures for a trial by the Supreme Court.

Article 426 (Notification of Receipt of Litigation Record)

The junior administrative officer, etc. of the court of final appeal shall,

upon receipt of the litigation record from the junior administrative of-

ficer, etc. of the original court, promptly notify the parties thereof.

Article 427 (Submission of Written Statement of Grounds for Appeal to

Supreme Court)

When the grounds for appeal to the Supreme Court have not been en-

tered in a petition for the final appeal, the appellant shall submit a

written statement of grounds for the final appeal within 20 days from

the date of receiving the notice under Article 426.

Article 428 (Service, etc. of Written Statement of Grounds for Final Appeal

and Written Answer Thereto)

(1) The court of final appeal in receipt of a written statement of grounds

for final appeal shall promptly serve a duplicate or a certified copy of

such statement to the other party.

(2) The other party may submit a written answer within 10 days from the

date of receiving a service of a written statement under paragraph (1).

(3) The court of final appeal shall serve on the appellant a duplicate or

a certified copy of the written answer under paragraph (2).

Article 429 (Rejection of Appeal to Supreme Court Due to Lack of Submis-

sion of Written Statement of Grounds for Appeal to Supreme Court)

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When an appellant has failed to submit a written statement of grounds

for appeal to the Supreme Court in violation of the provisions of Article

427, the court of final appeal shall reject the final appeal by its judgment

without holding any pleadings: Provided, That the same shall not apply

when there exist any grounds to be investigated ex officio.

Article 430 (Procedures for Examination in Trial on Final Appeal)

(1) The court of final appeal may render a judgment without holding

any pleadings by virtue of a petition of appeal to the Supreme Court,

a written statement of grounds for appeal to the Supreme Court, written

answers, and other litigation records.

(2) The court of final appeal may, if deemed necessary for clarifying the

litigation relations, listen to the statements of relevant witnesses by

opening the pleadings as to specified matters.

Article 431 (Scope of Examination)

The court of final appeal shall examine within the extent of motion for

dissatisfaction, based on the grounds for final appeal.

Article 432 (Binding Force of Fact-Finding Proceedings)

The facts lawfully established by a judgment of the original court shall

be binding on the court of final appeal.

Article 433 (Special Provisions for Direct Final Appeal)

As for an appeal to the Supreme Court pursuant to Article 422 (2), the court

of final appeal shall not reverse a judgment of the original court on the

grounds that the establishment of facts therein is in violation of the

provisions of Acts.

Article 434 (Exception to Matters to be Inspected Ex Officio)

The provisions of Articles 431 through 433 shall not apply to the mat-

ters to be inspected ex officio by the court.

Article 435 (Declaration of Provisional Execution)

The court of final appeal may, upon motion of the parties, declare a

provisional execution by its ruling with regard to the portion of a judg-

ment of the original court against which no application for dissatisfac-

tion has been filed.

Article 436 (Remand After Reversal, and Transfer)

(1) The court of final appeal shall, if admitted that an appeal to the Su-

preme Court is justifiably grounded, reverse a judgment of the original

court, and either remand the case to the original court, or transfer it to

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another court of equal level.

(2) The court whereto a case has been remanded or transferred shall

render a judgment by going through the pleadings once again. In this

case, the factual and legal findings, which have been regarded by the

court of final appeal as the grounds for reversal, shall be binding.

(3) Any judge who has taken part in the judgment of the original court

shall not participate in the judgment under paragraph (2).

Article 437 (Reversal and Self-Rendering of Judgment)

The court of final appeal shall, if it falls under any one of the following

subparagraphs, render a final judgment on the case:

1. When a judgment is reversed on the grounds that Acts and subor-

dinate statutes are misapplied to the established facts, and the case

suffices for rendering a judgment on the basis of such facts; and

2. When a judgment is reversed on the grounds that the case does not

fall within the jurisdiction of the court.

Article 438 (Forwarding of Litigation Record)

When a judgment to remand or transfer a case has been rendered, the

junior administrative officer, etc. of the court shall forward within two

weeks the litigation record together with an authentic copy of such judg-

ment to the court whereto the case is to be remanded or transferred.

CHAPTER Ⅲ APPEAL FROM RULINGS

OR ORDERS

Article 439 (Object of Appeal)

An appeal may be made against a ruling or an order which has rejected

a motion for litigation procedures.

Article 440 (Appeal against Ruling or Order Contrary to Forms)

When a ruling or an order has been rendered on the matters which are not

decidable by such a ruling or an order, an appeal may be filed against

it.

Article 441 (Quasi-Appeal)

(1) Any party dissatisfied with a judgment rendered by a commissioned

judge or an entrusted judge may raise an objection to the court of lawsuit:

Provided, That it shall be limited to the case where such judgment is that

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by the court of lawsuit, against which an appeal may be filed.

(2) An appeal may be made against the judgment on raising an objection

under paragraph (1).

(3) The provisions of paragraph (1) shall apply mutatis mutandis to the

judgment rendered by a commissioned judge or an entrusted judge on a

case pending in the court of final appeal or in the court of second instance.

Article 442 (Reappeal)

Against a ruling or an order rendered by an appellate court, a high court

or a court of appeals, a reappeal may be made only when stating as the

grounds therefor that there has been a violation of the Constitution,

Acts, administrative decrees, or regulations, which has affected the

judgment.

Article 443 (Mutatis Mutandis Application of Provisions for Procedures

of Appeal and Final Appeal)

(1) The provisions of Chapter I shall apply mutatis mutandis to the liti-

gation procedures of an appellate court.

(2) The provisions of ChapterⅡshall apply mutatis mutandis to a

reappeal and the litigation procedures therefor.

Article 444 (Immediate Appeal)

(1) An immediate appeal shall be made within one week from the date

of notifying the trial.

(2) The period under paragraph (1) shall be an invariable period.

Article 445 (Method of Filing Appeal)

Any appeal shall be made by submitting a petition of appeal to the court

of original judgment.

Article 446 (Disposition of Appeal)

When the original court admits that there exists a justifiable reason in

the appeal, it shall revise such judgment.

Article 447 (Effect of Immediate Appeal)

An immediate appeal shall have the effect of suspending the execution

of the rulings, etc.

Article 448 (Suspension of Execution of Original Judgment)

An appellate court or a court of original instance or a judge thereof may

order the suspension of execution of the original judgment or other nec-

essary measures, not later than the time when a ruling is made on the

appeal.

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Article 449 (Special Appeal)

(1) Against a ruling or an order against which no objection is allowed, a

special appeal may be filed with the Supreme Court only when there

exists a violation of the Constitution which has affected the judgment,

or when stating as the ground that a decision is unreasonable, which has

been rendered on whether or not the administrative decrees, regulations,

or dispositions, constituting a premise for the judgment, are in violation

of the Constitution or Acts.

(2) An appeal from ruling or orders under paragraph (1) shall be filed

within one week from the date of notifying the judgment.

(3) The period under paragraph (2) shall be an invariable period.

Article 450 (Mutatis Mutandis Application of Provisions)

The provisions of Article 448 and those concerning appeals to the Su-

preme Court shall apply mutatis mutandis to a special appeal and liti-

gation procedures therefor.

PART Ⅳ RETRIAL

Article 451 (Grounds for Retrial)

(1) A petition for a retrial against the final judgment which has become

conclusive may be made when falling under any one of the following

subparagraphs: Provided, That the same shall not apply when a party

has alleged such grounds by an appeal, or has not alleged them even

while he became aware thereof:

1. When an adjudicating court has not been constituted pursuant to the

provisions of Acts;

2. When a judge, who is ineligible to take part in the relevant judgment

pursuant to the provisions of Acts, has participated therein;

3. When there exists a defect in granting a legal representation right,

powers of attorney, or an authority required for the procedural acts

of a representative: Provided, That the same shall not apply when

it has been ratified under Article 60 or 97;

4. When a judge, who took part in the judgment, has committed a crime

as to his official duty in respect of the case;

5. When a party has been led to make a confession, or obstructed in

submitting the method of offence and defense to affect the judgment,

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due to the criminally punishable acts of another person;

6. When a document or any other article used as evidence for the judg-

ment has been forged or fraudulently altered;

7. When the false statements by a witness, an expert witness or an

interpreter, or those by a sworn party or legal representative have

been adopted as evidence for the judgment;

8. When a civil or criminal judgment or other decisions or administrative

dispositions on which the judgment was based have been altered by

a different judgment or administrative disposition;

9. When judgment has been omitted in respect of an important matter

which might have affected the judgment;

10.When a judgment, against which a petition for retrial is to be filed,

is contrary to the final and conclusive judgment which has been pre-

viously declared; and

11.When a party has, in spite of being aware of an address or residence

of the other party, instituted a lawsuit by stating that he has been

unaware of the latter’s whereabouts, or by telling a false address or

residence.

(2) In the case of paragraph (1) 4 through 7, a lawsuit of retrial may

be instituted only when a conviction or a judgment to impose a fine for

negligence has become final and conclusive against the punishable acts,

or when it is impossible to render a final and conclusive conviction or

a final and conclusive judgment to impose a fine for negligence, on ac-

count of other grounds than the lack of evidence.

(3) When the court of appeals has rendered a judgment on the merits

of the case concerned, no lawsuit of retrial shall be instituted against

the judgment of the first instance.

Article 452 (Grounds for Retrial of Trial Constituting Basis)

When there exist the grounds under Article 451 in a trial on which a judg-

ment is based, such grounds may serve as the grounds for a retrial, even

in case where there exists an independent method of filing an appeal

against such a trial.

Article 453 (Competent Court for Retrial)

(1) A retrial shall fall under an exclusive jurisdiction of the court which

has rendered the judgment subject to such a retrial.

(2) Lawsuit of retrial against judgments rendered on the same case by

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courts at different levels shall come under the jurisdiction of the supe-

rior court: Provided, That the same shall not apply when there exist

independent grounds for retrial in the appellate judgment and the judg-

ment of final appeal respectively.

Article 454 (Interlocutory Judgment on Grounds for Retrial)

(1) A court may carry out in advance a deliberation and judgment on

whether or not a lawsuit of retrial is lawful and on whether or not there

exists a ground for retrial, by separating them from the deliberation and

judgment on the merits of the case concerned.

(2) In the case of paragraph (1), the court shall, if deemed that there

exists a ground for retrial, render an interlocutory judgment of such

purports, and thereafter carry out a deliberation and judgment on the

merits of the case.

Article 455 (Litigation Procedures for Retrial)

The provisions relating to litigation procedures in each instance shall

apply mutatis mutandis to litigation procedures for a retrial.

Article 456 (Period for Filing Petition for Retrial)

(1) A lawsuit of retrial shall be filed within 30 days from the date on

which the party has become aware of the grounds for a retrial after the

judgment became final and conclusive.

(2) The period under paragraph (1) shall be an invariable period.

(3) When five years have elapsed after a judgment became final and

conclusive, no lawsuit of retrial therefor shall be filed.

(4) When grounds for retrial have arisen after the judgment became final

and conclusive, the period of paragraph (3) shall be reckoned from the

date on which such grounds have arisen.

Article 457 (Period for Filing Petition for Retrial)

The provisions of Article 456 shall not apply to a lawsuit of retrial insti-

tuted by stating, as the grounds, the lack of the authority of represen-

tation, or the matters as referred to in Article 451 (1) 10.

Article 458 (Essential Matters to be Entered in Petition for Retrial)

Matters falling under each of the following subparagraphs shall be en-

tered in the petition for retrial:

1. Parties and their legal representatives;

2. Indication of a judgment subject to a retrial, and the purport of re-

questing a retrial against such a judgment; and

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3. Grounds for retrial.

Article 459 (Scope of Pleadings and Trial)

(1) Pleadings and judgment on the merits of a retrial case shall be made

within the limit of grounds for requesting the retrial.

(2) Grounds for retrial may be altered.

Article 460 (Rejection of Petition where Results of Judgment are Jus-

tifiable)

A court shall, if admitting that the judgment in question is justifiable,

reject a petition for retrial even where it has the grounds for a retrial.

Article 461 (Quasi-Retrial)

In case where the protocol under Article 220, or a ruling or an order

objectionable by an immediate appeal, has become final and conclusive,

if it has the grounds as referred to in Article 451 (1), a retrial may be

petitioned by correspondingly applying the provisions of Articles 451

through 460 against the final and conclusive judgment.

PART Ⅴ DEMANDING PROCEDURE

Article 462 (Requisite for Application)

With regard to a claim aiming at the payment of a specific amount of

money or other fungibles or securities, the court may, upon a motion

of a creditor, issue a payment order: Provided, That it shall be limited

to the case where a service other than that by public notice may be ef-

fected in the Republic of Korea.

Article 463 (Competent Court)

Demanding procedures shall be subject to an exclusive jurisdiction of the

district court in the location of the debtor’s general forum, or of the

competent court under the provisions of Article 7 through 9, 12 or 18.

Article 464 (Request for Payment Order)

The provisions relating to a lawsuit shall apply mutatis mutandis to a

request for the payment order in so far as they are not contrary to the

nature of the payment order.

Article 465 (Dismissal of Request)

(1) If a request for payment order violates the provisions of the text

of Article 462 or the provisions of Article 463, or when it is evident that

the claim lacks a justifiable ground in view of the claim’s purport, the

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court shall dismiss such request. When a payment order is not issuable

against part of a claim, the same shall also apply to such part.

(2) No appeal shall be made against any ruling dismissing the request.

Article 466 (Case Where Payment Order is not Issued)

(1) A creditor may, upon receipt of an order from the court to rectify the

debtor’s address, file a request for instituting a lawsuit.

(2) When it is impossible to serve the payment order without resorting

to a service by public notice, or when it must be served to a foreign state,

the court may place the case to litigation procedures by its ex officio

ruling.

(3) No appeal shall be made against the ruling under paragraph (2).

Article 467 (Ex Parte Question)

A payment order shall be issued without questioning the debtor.

Article 468 (Matters to be Entered in Payment Order)

A payment order shall contain an entry of the parties, their legal rep-

resentatives, and the gist and counts of the claim, and an additional en-

try to the effect that the debtor is entitled to raise an objection within

two weeks from the date of receiving the service of the payment order.

Article 469 (Service of Payment Order)

(1) A payment order shall be served on the parties.

(2) The debtor may raise an objection against the payment order.

Article 470 (Effect of Objection)

(1) When a debtor has raised an objection within two weeks from the

date of receiving a service of the payment order, the said order shall lose

its effect within such extent.

(2) The period under paragraph (1) shall be an invariable period.

Article 471 (Dismissal of Objection)

(1) A court shall, when admitting that an objection is unlawful, dis-

miss it by its ruling.

(2) An immediate appeal may be made against the ruling under para-

graph (1).

Article 472 (Shifting to Litigation)

(1) In case where a creditor has filed a request for instituting a lawsuit

under Article 466 (1), or where a court renders a ruling to place the case

of requesting a payment order to litigation procedures under Article

466 (2), the lawsuit shall be deemed to have been instituted when a re-

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quest for a payment order was filed.

(2) In case where a debtor has raised a lawful objection against the pay-

ment order, it shall be deemed that a lawsuit has been instituted for

the value of the claim’s objects, which have been raised an objection,

when a request for a payment order was filed.

Article 473 (Dispositions following Shifting to Litigation)

(1) In case where it is deemed that a lawsuit has been instituted under

Article 472, the court which has issued the payment order shall order

the creditor, with fixing a reasonable period, to supplement the stamps

in the amount obtained by deducting the amount of stamps which have

been put on when the request for lawsuit or for payment order has been

filed, from the amount of stamps to be put on a complaint in instituting

a lawsuit.

(2) When a creditor fails to supplement the stamps within the period

under paragraph (1), the court shall dismiss by its ruling a request for

the payment order. An immediate appeal may be made against such

ruling.

(3) If the stamps as stipulated in paragraph (1) are supplemented, the

junior administrative officer, etc. of the court shall promptly forward the

litigation record to the competent court. In this case, if the case falls

under the jurisdiction of the collegiate panel, the junior administrative

officer, etc. shall promptly forward the litigation record to the collegiate

panel of the competent court.

(4) In the case of Article 472, the costs of demanding procedures shall

constitute part of the costs of lawsuit.

Article 474 (Effect of Payment Order)

When no objection has been raised against a payment order, or an ob-

jection has been withdrawn, or a ruling of dismissal has become final

and conclusive, the said payment order shall take the same effect as a

final and conclusive judgment.

PART Ⅵ PROCEDURE FOR PUBLIC

SUMMONS

Article 475 (Scope of Application of Public Summons)

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A public summons may be made only in the case where any Act pre-

scribes that a failure to file a report on a right or claim shall result in

the forfeiture of such right.

Article 476 (Court Having Jurisdiction over Procedures for Public Sum-

mons)

(1) Except as otherwise prescribed by Acts, a public summons shall fall

under the jurisdiction of the district court in the location of a rightful

claimant’s general forum: Provided, That the public summons to cancel

a register or a registration may be requested to the district court in the

location of a public agency wherewith such a register or a registration

has been filed.

(2) In the case of Article 492, the district court in the place of perfor-

mance as indicated in the securities or certificates shall have the juris-

diction: Provided, That when there exists no indication of the place of

performance in the securities or certificates, the district court in the lo-

cation of the issuer’s general forum, and when there does not exist such

court, the district court in the place where the issuer had his general

forum at the time of issuance, shall have the jurisdiction, respectively.

(3) The jurisdiction under paragraphs (1) and (2) shall be exclusive.

Article 477 (Request for Public Summons)

(1) A request for a public summons shall clarify the cause for such re-

quest and the purport of requesting a nullification judgment.

(2) A request under paragraph (1) shall be filed in writing.

(3) The court may order a consolidation of several public summons.

Article 478 (Whether or not to Permit Public Summons)

(1) A judgment on whether or not a public summons must be permitted

shall be rendered by a ruling. An immediate appeal may be made against

a ruling of non-permission.

(2) In the case of paragraph (1), an applicant may be questioned.

Article 479 (Matters to be Entered in Public Summons)

(1) When a request for a public summons has been permitted, the court

shall issue a public summons.

(2) A public summons shall contain the following matters:

1. Indication of the requester;

2. Summons to the effect that a report on a right or claim must be filed

not later than the date of the public summons;

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3. Matters to result in the forfeiture of a right unless a report thereon

is filed; and

4. Date of the public summons.

Article 480 (Method of Public Notice)

A public summons shall be publicly notified under the conditions as

determined by the Supreme Court Regulations.

Article 481 (Period of Public Summons)

The period of a public summons shall be fixed to run 3 months from the

date on which the public notice has been terminated.

Article 482 (Report prior to Nullification Judgment)

Even after the termination of the period of a public summons, a right

shall not be forfeited when a report on such a right or claim is filed prior

to the nullification judgment.

Article 483 (Non-Appearance of Requester, and Designation of New Date)

(1) When a requester fails to appear on the date of a public summons,

or asks for change in the date, the court shall designate a new date just

for once.

(2) The new date under paragraph (1) shall not be later than two months

from the date of the public summons, and it does not require any public

notice thereon.

Article 484 (Treating as Withdrawal)

When a requester has failed to appear on the new date under Article

483, he shall be deemed to have withdrawn his request for a public sum-

mons.

Article 485 (Case Where Report is Filed)

When a report is filed that contests a right or claim alleged as a reason

for the request, the court shall either suspend the procedure for a public

summons or render a nullification judgment by reserving the reported

right, until a trial on such a right becomes final and conclusive.

Article 486 (Requester’ Duty to Make Statement)

A requester for a public summons shall appear on the date of the public

summons and state the cause for filing such a request and the purport

of requesting a nullification judgment.

Article 487 (Nullification Judgment)

(1) A court shall, when it admits that a request for a nullification

judgment lacks a justifiable ground after a statement of the requester,

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dismiss the request by its ruling, and shall, when it admits that such

a request is well-grounded, render a nullification judgment.

(2) The court may find ex officio the facts prior to the judgment under

paragraph (1).

Article 488 (Appeal)

An immediate appeal may be made against a ruling which has dismissed

a request for a nullification judgment, or against the limitations or res-

ervations attached to the nullification judgment.

Article 489 (Public Notice on Nullification Judgment)

A court may make a public notice of the gist of a nullification judgment

under the conditions as determined by the Supreme Court Regulations.

Article 490 (Litigation of Objection against Nullification Judgment)

(1) A nullification judgment shall be subject to no appeal.

(2) Against a nullification judgment, an appeal may be filed before the

court of summons by a lawsuit against the requester, if it falls under

any one of the following subparagraphs:

1. When it is the case where any procedure for public summons is not

permitted by Acts;

2. When a public notice on the public summons has not been made, or

it has not been made in the manner as prescribed by Acts and sub-

ordinate statutes;

3. When the period of public summons has not been observed;

4. When the judge who rendered the judgment has been excluded from

the exercise of his duties pursuant to Acts;

5. When the provisions as to the exclusive jurisdiction have been vio-

lated;

6. When the judgment has been rendered in violation of Acts, even in

spite of an existence of the report on a right or claim;

7. When the nullification judgment has been obtained by a falsity or

unlawful means; and

8. When there exist any reasons for a retrial under Article 451 (1) 4

through 8.

Article 491 (Period for Institution of Lawsuit)

(1) The lawsuit under Article 490 (2) shall be instituted within one

month.

(2) The period under paragraph (1) shall be an invariable period.

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(3) The period under paragraph (1) shall be reckoned from the date on

which the plaintiff has come to know about the existence of a nullifica-

tion judgment: Provided, That in case where the lawsuit is instituted by

stating the grounds under Article 490 (2) 4, 7 and 8, it shall be reckoned

from the date on which the plaintiff has come to know about the exis-

tence of such grounds.

(4) This lawsuit shall not be instituted if three years have elapsed since

the date on which a nullification judgment has been pronounced.

Article 492 (Public Summons for Declaration of Nullity of Securities)

(1) The provisions of Articles 493 through 497 shall apply to the proce-

dure of a public summons requesting a declaration of invalidation of

stolen, lost or destroyed securities and any other deeds that may be

invalidated according to the Commercial Act.

(2) With respect to other deeds for which a public summons is legally

admissible, the provisions of paragraph (1) shall apply except as other-

wise prescribed by the relevant Act.

Article 493 (Holder of Right to Apply for Public Summons as to Deeds)

With respect to the bearer securities or the securities or deeds which are

transferable by endorsement or which bear a summary endorsement, the

last holder shall be entitled to request the public summons procedure,

and regarding other deeds, a person entitled to allege the right by virtue

of such deeds shall be entitled to file a request for such procedures.

Article 494 (Vindication of Grounds for Request)

(1) A requester shall either submit a certified copy of the deed, or pre-

sent matters necessary for sufficiently informing the existence of the deed

and the important purports thereof.

(2) A requester shall vindicate the facts that the deed has been stolen,

lost or destroyed, and other facts, etc. constituting grounds for enabling

to file a request for the procedures for a public summons.

Article 495 (Peremptory Notice to File Report, Warning of Forfeiture of

Rights)

A public summons shall urge the holder of the deed to file a report on

the right or claim and to submit the deed not later than the date of public

summons, and give a warning that, if he neglects to do so, it shall result

in a forfeiture of his right and the invalidity of the deed shall be declared.

Article 496 (Declaration of Nullification Judgment)

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In a nullification judgment, the invalidity of securities or deeds shall be

declared.

Article 497 (Effect of Nullification Judgment)

When a nullification judgment has been rendered, the requester therefor

may allege the right based on the securities or deeds against the person

to bear the obligation pursuant to the securities or deeds.

PART Ⅶ FINALITY OF JUDGMENT AND

SUSPENSION OF EXECUTION

Article 498 (Time When Judgment becomes Final and Conclusive)

A judgment shall not become final and conclusive during the period in

which an appeal may be filed or when a lawful appeal is filed within such

period.

Article 499 (Person Delivering Certificate of Finality of Judgment)

(1) When a plaintiff or a defendant requests a certificate of the finality

of judgment, the junior administrative officer, etc. of the court of first

instance shall deliver the same pursuant to the judgment roll.

(2) When the litigation record is kept in the superior instance, the junior

administrative officer, etc. of the superior court shall deliver the certif-

icate in respect of only the portion of the judgment which has became

final and conclusive.

Article 500 (Suspension of Execution due to Request for Retrial or Sub-

sequent Supplement of Appeal)

(1) In case where there exists a request for a retrial or a subsequent

supplement of appeal under Article 173, if the points alleged as the

grounds of appeal are deemed to be legally well-founded and there exists

a vindication of the facts concerned, the court may, upon a request of

the parties, order a temporary suspension of compulsory execution with

or without having a security furnished, or may order to perform a com-

pulsory execution with having a security furnished, or may order to re-

voke the already-effected compulsory dispositions.

(2) Suspension of a compulsory execution without any security shall be

effected only when it has been vindicated that such execution may re-

sult in the noncompensable damages.

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104

(3) The judgment under paragraphs (1) and (2) may be rendered without

holding any pleadings, and such judgment shall be subject to no appeal.

(4) If a litigation record is kept in the court of original instance in the

case of a request for subsequent supplement of an appeal, such court

shall render the judgment under paragraphs (1) and (2).

Article 501 (Suspension of Execution due to Filing Appeal or Instituting

Lawsuit for Alteration)

The provisions of Article 500 shall apply mutatis mutandis to the case

where an appeal has been filed against a judgment with a declara-

tion of provisional execution or where a lawsuit under Article 252 (1)

has been instituted against a final judgment ordering the payment of

installments.

Article 502 (Court of Security Deposit)

(1) An offer or deposit of a security under the provisions of this Part may

be effected either at the district court in the location of the plaintiff’s

or defendant’s general forum, or at the court of execution.

(2) When a security has been offered or deposited, the court shall deliver

a certificate thereof, upon request of the parties.

(3) Except as otherwise prescribed, the provisions of Articles 122, 123,

125 and 126 shall apply mutatis mutandis to the security as stipulated

in this Part.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2002.

Article 2 (Transitional Measures for Pending Case)

This Act shall also apply to the cases pending before a court at the time

of enforcement of this Act, unless there exist any special provisions con-

trary thereto: Provided, That it shall not affect the effect of procedural

acts prior to the enforcement of this Act.

Article 3 (Scope of Time to Apply Act)

This Act shall also apply to the matters which have arisen prior to the

enforcement of this Act: Provided, That it shall not affect the validity

which has occurred pursuant to the previous provisions.

Article 4 (Transitional Measures for Jurisdiction)

CIVIL PROCEDURE ACT

105

With respect to the cases pending before a court at the time of enforce-

ment of this Act, if there exists the jurisdiction pursuant to the previous

provisions, it shall govern even in the case where there exists no juris-

diction under this Act.

Article 5 (Transitional Measures for Statutory Period)

The previous provisions shall govern the statutory period progressing

prior to the enforcement of this Act and its calculation.

Article 6 Omitted.

Article 7 (Relations with Other Acts)

In cases where the provisions of the previous Civil Procedure Act have

been cited in other Acts at the time of enforcement of this Act, when there

exist any corresponding provisions in this Act, the corresponding pro-

visions in this Act shall be deemed to have been cited.

ADDENDA <Act No. 7427, Mar. 31, 2005>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided,

That ... (Omitted.) ... and the amended provisions of Article 7 (excluding

paragraphs (2) and (29)) of the Addenda, on January 1, 2008.

Articles 2 through 7 Omitted.

ADDENDA <Act No. 7428, Mar. 31, 2005>

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulga-

tion.

Articles 2 through 6 Omitted.

ADDENDA <Act No. 7849, Feb. 21, 2006>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2006. (Proviso Omitted.)

Articles 2 through 41 Omitted.

ADDENDUM <Act No. 8438, May 17, 2007>

This Act shall enter into force on January 1, 2008.

CIVIL PROCEDURE ACT

106

ADDENDA <Act No. 8499, Jul. 13, 2007>

(1) (Enforcement Date) This Act shall enter into force one month after the

date of its promulgation.

(2) (Applicable Examples concerning Specialized Examination Commis-

sioners) The amended provisions of Articles 164-2 through 164-8 shall also apply

to the cases that are pending at the court at the time when this Act enters into

force.

ADDENDA <Act No. 9171, Dec. 26, 2008>

(1) (Enforcement Date) This Act shall enter into force on the date of its

promulgation.

(2) (Transitional Measures for Pending Cases) This Act shall also apply

to cases pending in the court at the time when this Act enters into force.


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