CIVIL PROCEDURE ACT

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CIVIL PROCEDURE ACT — 법갈피

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

(1) A party or a third party vindicating the interests may, as prescribed by the Supreme Court Regulations, file a request with a junior administrative officer, etc. of a court for a perusal and copying of litigation records, 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 on May 17, 2007>

(3) Where the relevant interested parties to the litigation do not agree, the court shall not allow perusal in cases of an application for perusal under paragraph (2). In such cases, matters necessary for the extent of interested parties to litigation, agreement, etc. shall be prescribed by the Supreme Court Regulations. <Newly Inserted on 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 on 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 on May 17, 2007>

(6) The authentic copy, a certified copy or an abridged copy of the judicial documents or protocol shall contain their purports, and a junior administrative officer, etc. of the court shall affix his or her signature and seal thereto or sign his or her name. <Amended on May 17, 2007; Oct. 31, 2017>

Article 163-2(Perusal and Duplication of Written Judgments) #

(1) Notwithstanding Article 162, any person may peruse or duplicate a written judgment (including the written judgment of a case for which judgment does not become final and conclusive, and excluding the written judgment in a case to which the Trial of Small Claims Act applies and written judgments issued under Article 4 of the Act on Special Cases concerning Procedure for Trial by the Supreme Court or under the main clause of Article 429 of this Act, hereafter in this Article the same shall apply) of a case of which judgment is declared, by using Internet or electronic methods through digital information processing systems, etc.: Provided, That in cases of the written judgment where opening the pleading thereof is prohibited, as prescribed by the Supreme Court Regulations, full or partial perusal or duplication may be restricted. <Amended on Dec. 8, 2020>

(2) A written judgment subject to perusal and duplication pursuant to paragraph (1) shall be provided in a way that a column of texts or column of numbers in the written judgment may function as a search term, as prescribed by the Supreme Court Regulations. <Newly Inserted on Dec. 8, 2020>

(3) Junior administrative officers, etc. of a court or other court officials shall take protective measures prescribed by the Supreme Court Regulations to ensure that personal information, such as names, stated in a written judgment is not revealed before perusal and duplication under paragraph (1). <Amended on Dec. 8, 2020>

(4) Court officials or other court public officials who have taken measures to protect the personal information pursuant to paragraph (3) shall not assume civil or criminal responsibilities for the inspection and copying under paragraph (1) unless such responsibilities fall on them due to their intention or gross negligence. <Amended on Dec. 8, 2020>

(5) Article 162 (4) and (5) and Article 163 shall apply mutatis mutandis to perusal and duplication under paragraph (1). <Amended on Dec. 8, 2020>

(6) The methods and procedures for perusal and duplication of a written judgment, the methods and procedures for taking measures to protect personal information, and other necessary matters shall be prescribed by the Supreme Court Regulations. <Amended on Dec. 8, 2020>

[This Article Newly Inserted on Jul. 18, 2011]

[Title Amended on Dec. 8, 2020]

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 or she became aware thereof:

1. When an adjudicating court has not been constituted pursuant to the provisions of statutes;

2. When a judge, who is ineligible to take part in the relevant judgment pursuant to the provisions of statutes, has participated therein;

3. When there is any defect in granting a legal representation right, powers of attorney, or an authority required for the litigation 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 or her 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, due to the criminally punishable acts of another person;

6. When a document or any other article used as evidence for the judgment 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 previously declared;

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 or she has been unaware of the latter's whereabouts, or by telling a false address or residence.

(2) In cases falling under paragraph (1) 4 through 7, a lawsuit of retrial may be instituted only when a conviction or a judgment to impose an administrative fine 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 an administrative fine, on account 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.

CIVIL PROCEDURE ACT

Article 1(Ideal of Civil Procedure and Principle of Good Faith) #

Article 2(General Forum) #

Article 3(General Forum of Person) #

Article 4(General Forum of Ambassador or Minister) #

Article 5(General Forum of Juristic Person) #

Article 6(General Forum of State) #

Article 7(Special Forum of Workplace) #

Article 8(Special Forum of Place of Residence or Place of Obligation Performance) #

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

Article 10(Special Forum for Seamen, Military Servicemen, or Military Service Officials) #

Article 11(Special Forum of Location of Property) #

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

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

Article 14(Special Forum of Location of Ship) #

Article 15(Special Forum for Company Employees) #

Article 16(Special Forum for Company Employees) #

Article 17(Special Forum for Company Employees) #

Article 18(Special Forum for Locus Delicti) #

Article 19(Special Forum for Salvage) #

Article 20(Special Forum of Location of Immovables) #

Article 21(Special Forum for Register or Registration) #

Article 22(Special Forum for Inheritance and Bequest) #

Article 23(Special Forum for Inheritance and Bequest) #

Article 24(Special Forum for Intellectual Property Rights) #

Article 25(Correlated Forum) #

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

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

Article 28(Designation of Jurisdiction) #

Article 29(Jurisdiction by Agreement) #

Article 30(Jurisdiction by Pleading) #

Article 31(Exclusion by Exclusive Jurisdiction) #

Article 32(Ex Officio Investigation on Jurisdiction) #

Article 33(Time to Become Standard for Jurisdiction) #

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

Article 35(Transfer to Avoid Damage or Delay) #

Article 36(Transfer of Lawsuit about Intellectual Property Rights) #

Article 37(Urgent Disposition after Final Ruling of Transfer) #

Article 38(Effect of Ruling of Transfer) #

Article 39(Immediate Appeal) #

Article 40(Effect of Transfer) #

Article 41(Cause of Exclusion) #

Article 42(Judgment on Exclusion) #

Article 43(Right to Challenge by Parties) #

Article 44(Method of Motion for Exclusion or Challenge) #

Article 45(Rejection of Motion for Exclusion or Challenge) #

Article 46(Judgment on Motion for Exclusion or Challenge) #

Article 47(Appeal) #

Article 48(Suspension of Proceedings) #

Article 49(Avoidance of Judge) #

Article 50(Exclusion, Challenge and Avoidance of Junior Administrative Officer of Court) #

Article 51(Principles as to Capacity for being Party and Litigation Capacity, etc.) #

Article 52(Capacity for being Party in Cases of Other Association, etc. Than Juristic Person) #

Article 53(Appointed Party) #

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

Article 55(Litigation Capacity of Persons with Limited Capacity) #

Article 56(Special Provisions for Litigation by Legal Representatives) #

Article 57(Special Provisions for Litigation Capacity of Foreigners) #

Article 58(Attestation of Authority of Legal Representation) #

Article 59(Measures for Defects in Litigation Capacity) #

Article 60(Defects in Litigation Capacity and Ratification Thereof) #

Article 61(Application Mutatis Mutandis to Appointed Parties) #

Article 62(Special Representatives for Persons with Limited Capacity) #

Article 62-2(Appointments of Special Representatives for Persons Devoid of Mental Capacity) #

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

Article 64(Status of Representatives of Organizations, such as Juristic Persons) #

Article 65(Requisite for Co-Litigation) #

Article 66(Status of Ordinary Co-Litigants) #

Article 67(Special Provisions for Indispensable Co-Litigation) #

Article 68(Addition of Indispensable Co-Litigants) #

Article 69(Special Provisions for Indispensable Co-Litigation) #

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

Article 71(Supplementary Intervention) #

Article 72(Methods of Applying for Intervention) #

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

Article 74(Forfeiture of Right to Object) #

Article 75(Intervenor’s Participation in Proceedings) #

Article 76(Intervenor's Litigation) #

Article 77(Effect of Judgment on Intervenor) #

Article 78(Supplementary Intervention alike of Co-Litigation) #