NON-CONTENTIOUS CASE PROCEDURE ACT

PART I GENERAL PROVISIONS

Article 1(Scope of application) #

The provisions of this Part shall apply to all non-contentious cases that fall within the jurisdiction of courts (hereinafter referred to as "cases"), except as otherwise expressly provided for in this Act and other statutes and regulations.

[This Article Wholly Amended on May 28, 2013]

Article 2(Competent court) #

(1) Where the territorial jurisdiction of courts is to be determined based on the relevant party’s address, if he or she is not domiciled in the Republic of Korea or his or her address in the Republic of Korea is unknown, the competent court shall be the district court having jurisdiction over his or her place of residence.

(2) Where the relevant party has no residence or his or her residence is unknown, the competent court shall be the district court having jurisdiction over the place of the last address.

(3) Where the relevant party has no last address or such address is unknown, the competent court shall be the district court having jurisdiction over the seat of property or that of the Supreme Court.

[This Article Wholly Amended on May 28, 2013]

Article 3(Preferential jurisdiction and transfer) #

Where several courts have relevant jurisdiction, the court with which the first petition is filed shall have jurisdiction over the relevant case. In such cases, upon request or ex officio, the court may transfer the said case to another competent court deemed adequate.

[This Article Wholly Amended on May 28, 2013]

Article 4(Designation of competent court) #

(1) A competent court shall be designated if any doubt exists as to the territorial jurisdiction of several courts.

NON-CONTENTIOUS CASE PROCEDURE ACT

Article 1(Scope of application) #

Article 2(Competent court) #

Article 3(Preferential jurisdiction and transfer) #

Article 4(Designation of competent court) #

Article 5(Exclusion of or challenge against court officials) #

Article 6(Attorney) #

Article 7(Attestation of power of attorney) #

Article 8(Method of motion and statement) #

Article 9(Matters to be stated in petitions, and appending of documentary evidence) #

Article 10(Application mutatis mutandis of the Civil Procedure Act) #

Article 11(Ex-officio finding of facts and examination of evidence) #

Article 12(Functions to be commissioned) #

Article 13(Hearings closed to public) #

Article 14(Preparation of protocols) #

Article 15(Public prosecutor’s submissions and participation in hearings) #

Article 16(Notification to public prosecutor) #

Article 17(Form of judgment) #

Article 18(Notification of judgment) #

Article 19(Annulment or alteration of judgment) #

Article 20(Appeal) #

Article 21(Effect of appeal) #

Article 22(Judgment of appellate court) #

Article 23(Procedures for appeal) #

Article 24(Liability for costs) #

Article 25(Judgment on costs) #

Article 26(Order for interested party to bear costs) #

Article 27(Joint liability for costs) #

Article 28(Objection against judgment on costs) #

Article 29(Compulsory execution by obligee to costs) #

Article 30(Advance of expenses by National Treasury) #

Article 31(Definitions of petition, request, and motion) #

Article 32(Jurisdiction over cases of supplementing articles of incorporation of incorporated foundations) #

Article 33(Jurisdiction over appointment of provisional directors or special representatives or over administration of dissolution or liquidation of legal entities) #

Article 34(Jurisdiction over cases of convocation of special general meetings) #

Article 35(Appointment of inspectors for legal entities) #

Article 36(Liquidators) #

Article 37(Remuneration of liquidators and inspectors) #

Article 38(Expenses for appointment of appraisers) #

Article 39(Competent court) #

Article 40(Judgment on termination of trust created by declaration of trust for wrongful purposes) #

Article 41(Judgment on permission to resign as trustee) #

Article 42(Judgment on dismissal of trustees) #

Article 43(Judgment on appointment of trust property administrators) #

Article 44(Judgment on appointment of trust property administrators) #

Article 44-2(Judgment on determination of remuneration of trust property administrators) #

Article 44-3(Judgment on permission to resign as or on dismissal of trust property administrators) #

Article 44-4(Judgment on appointment of new trustees) #

Article 44-5(Judgment on appointment of new trustees for testamentary trusts) #

Article 44-6(Judgment on determination of remuneration of new trustees) #

Article 44-7(Decision on vesting of articles created by annexing to trust property) #

Article 44-8(Court’s leave to engage in conduct against beneficiaries’ interests) #

Article 44-9(Judgment on appointment of trust administrators) #

Article 44-10(Judgment on determination of remuneration of trust administrators) #

Article 44-11(Judgment on permission to resign as or on dismissal of trust administrators) #

Article 44-12(Judgment on permission to convene beneficiaries’ meetings) #

Article 44-13(Trust bonds) #

Article 44-14(Judgment on modification of trusts) #

Article 44-15(Determination of purchase prices of beneficiary rights) #

Article 44-16(Judgment on termination of trusts due to changes in circumstances) #

Article 44-17(Judgment on appointment of inspectors) #

Article 44-18(Remuneration of inspectors) #

Article 44-19(Reporting by inspectors) #

Article 44-20(Petitions for trust cases concerning limited liability trusts) #

Article 44-21(Permission for satisfaction of claims by liquidating trustees) #

Article 44-22(Procedures and expenses for appointment of appraisers) #

Article 44-23(Trust administrators’ authority) #

Article 44-24(Supervision by court) #

Article 45(Requests for judicial subrogation) #

Article 46(Competent court) #

Article 47(Matters to be stated in requests for subrogation) #

Article 48(Acceptance of requests for subrogation) #

Article 49(Notification of judgment) #

Article 50(Immediate appeal) #

Article 51(Liability for costs of appeal) #

Article 52(Opening of trial to general public and non-participation of public prosecutors) #

Article 53(Designation of escrow agency, and appointment of escrow agent for items in escrow) #

Article 54(Duty of escrow agent for items in escrow) #

Article 54-2(Permission for resignation of escrow agent for items in escrow) #

Article 55(Deposit of proceeds of auction) #