Regulations on Criminal Procedure

Enacted by Supreme Court Regulations No. 828, December 31, 1982.
Amended by Supreme Court Regulations No. 1004, March 23, 1988.
Amended by Supreme Court Regulations No. 1067, June 7, 1989.
Amended by Supreme Court Regulations No. 1171, August 3, 1991.
Amended by Supreme Court Regulations No. 1375, July 10, 1995.
Amended by Supreme Court Regulations No. 1441, December 03, 1996.
Amended by Supreme Court Regulations No. 1508, December 31, 1997.
Amended by Supreme Court Regulations No. 1540, May 19, 1998.
Amended by Supreme Court Regulations No. 1550, June 20, 1998.
Amended by Supreme Court Regulations No. 1628, December 31, 1999.
Amended by Supreme Court Regulations No. 1664, July 15, 2000.
Amended by Supreme Court Regulations No. 1901, August 20, 2004.
Amended by Supreme Court Regulations No. 2013, March 23, 2006.
Amended by Supreme Court Regulations No. 2038, August 17, 2006.
Amended by Supreme Court Regulations No. 2106, October 29, 2007.
Amended by Supreme Court Regulations No. 2144, December 31, 2007.

PART I GENERAL PROVISIONS
Article 1 (Purpose of Regulations) The purpose of these Regulations is to set forth what is mandated to these Regulations by the Criminal Procedure Act (hereinafter referred to as the "Act") and what is necessary with respect to the criminal procedure.

CHAPTER I JURISDICTION OF COURTS
Article 2 (Request for Consolidated Proceedings of Cases with Varied Territorial Jurisdictions, etc.)
(1) In making a request pursuant to Article 6 of the Act, a written application in which the reasons therefor are stated shall be filed with the closest higher court common to all relevant courts.
(2) When the public prosecutor files such request, the certified copies thereof the number of which is equal to that of the defendant shall be attached to the request form, and, when the defendant files the request, one(1) certified copy thereof shall be attached thereto.
(3) The court to which the request pursuant to Article 6 of the Act has been submitted shall immediately notify of the filing thereof the courts in which the cases are pending, and serve the non-requesting party with the certified copy of the written application under Section (2) above.
(4) Each of the pending courts and the non-requesting parties may submit its opinion to the court mentioned in Section (1) above within three(3) days from the date of service mentioned in Section (3) above.
 
Article 3 (Procedure for Consolidated Proceedings of Cases with Varied Territorial Jurisdictions)
(1) When the court to which the request under Article 6 of the Act has been made deems it reasonable, it shall render a ruling by designating a court that the designated court shall consolidate the proceedings of relevant cases, but when the court deems it unfounded, it shall render a ruling that the request be dismissed, and serve the requesting party and the non-requesting party with the official copy of the ruling and transmit it to the courts where the cases are pending.
(2) The other courts, except for the court which has been designated to hear consolidated proceedings pursuant to Section (1) above, shall transmit all relevant records and evidence of the case to the designated court for consolidated proceedings within seven(7) days from the date of receiving the official duplicate of the ruling.

Article 4 (Consolidated Proceedings of Cases with Varied Subject-Matter Jurisdictions)
(1) The provision of Article 10 of the Act shall apply should the cases pending before the three-judge panel of the court and before the single judge of the court respectively belong to different territorial jurisdictions.
(2) When a single judge becomes aware of the fact that a case pending before him or her bears relevance to a case pending before the three-judge panel of the court, he or she shall immediately notify thereof the presiding judge of the three-judge panel of the court.
(3) When the three-judge panel of the court has rendered a ruling for consolidated proceedings pursuant to Article 10 of the Act, it shall immediately transmit the official duplicate thereof to the single judge and the single judge shall transmit all records and evidence of the case to the three-judge panel of the court within five(5) days from the date of receiving the official dupliate of the ruling.
 
Article 4-2 (Consolidated Proceedings of Appellate Cases)
(1) When, among several relevant appellate cases with varied subject matter jurisdictions, one or more of such appellate cases are pending before the High Court and the others before the three-judge panel of the District Court, respectively, the High Court may consolidate the cases pending before the District Court with its own pending cases by a ruling.  This provision shall apply should the relevant appellate cases belong to varied territorial jurisdictions.
(2) If the presiding judge of the three-judge panel of the District Court becomes aware of the fact that the appellate case which is heard before the panel is also pending before the High Court, the presiding judge shall immediately notify the chief judge of the High Court of such fact.
(3) When the High Court renders a ruling for the consolidated proceedings under the provisions of Section (1) above, the court shall immediately forward the official duplicate of such ruling to the three-judge panel of the District Court, and the three-judge panel of the District Court shall forward all records and evidence of the case to the High Court within five(5) days from the date of receiving the official duplicate of the ruling.

Article 5 (Request for Designation of Court of Proper Jurisdiction or for Change thereof)
(1) When the public prosecutor submits a written application for designation of proper court of jurisdiction or for a change thereof pursuant to Article 16 (1) of the Act, the certified copies thereof the number of which is equal to that of the defendant or the suspect shall be attached to such an application, and, when the defendant submits such an application, one certified copy thereof shall be attached thereto.
(2) The court receiving the written application as prescribed in Section (1) above shall serve the defendant or the suspect with the copy of the application submitted by the prosecutor without delay, and serve the prosecutor with the copy of the application submitted by the defendant, simultaneously notifying thereof the court where the complaint has been filed.
(3) The public prosecutor, the defendant or the suspect may submit a written opinion to the court as mentioned in Section (2) above, within three(3) days from the date of receiving a certified copy of the application as prescribed in Section (2).
 
Article 6 (Procedures under the Ruling for Designation of Court of Proper Jurisdiction or for Change thereof )
(1) When the ruling for designation of court of proper jurisdiction or for change thereof is rendered with respect to a case for which the public prosecution has not yet been instituted, the court rendering such a ruling shall transmit the official duplicate thereof to the prosecutor and the suspect, respectively, and, when the prosecutor institutes a public prosecution with respect to the same case, the public prosecutor should attach the official duplicate thereof to the complaint.
(2) When the ruling for designation of court of proper jurisdiction or for change thereof is rendered with respect to a case for which the public prosecution has already been instituted, the court rendering such a ruling shall transmit the official duplicates thereof to the prosecutor, the defendant and the court before which the case is pending, respectively.
(3) In case of paragraph (2) above, the court before which the case is pending shall transmit all records and evidence of the case, along with the official duplicate of the ruling under Section (2) above, to the designated or newly designated court, without delay: Provided, however, that the above provision shall not apply to the case where the court before which the case is pending has become designated as the court of jurisdiction by and under the ruling.

Article 7 (Suspension of Procedure)
In case a request for consolidated proceedings of cases with varied territorial jurisdictions, for designation of court of proper jurisdiction, or for change of court of jurisdiction is made, the court before which the relevant case is pending shall suspend the procedure therefor until the rendition of a ruling upon such request: Provided, however, that exceptions may be made in case of urgency.
 
Article 8 (Transmission of Records, etc.)
(1) When the records and evidence of the case are transmitted to a different court in compliance with the provisions of Article 3(2), 4(3), 4-2(3) or 6(3), or with the decision of transfer under the provisions of Article 8 of the Act, they shall be transmitted directly to the recipient court.
(2) The court which has transmitted or received the materials as prescribed in Section (1) above shall notify of such facts the public prosecutor of the corresponding prosecutors¡¯ office.
[Article Amended in Entirety, August 3, 1991]
 
CHAPTER II RECUSAL OF COURT OFFICIALS
Article 9 (Application for Recusal, etc.)
(1) In case an application for recusal is submitted pursuant to Article 18 of the Act, it shall specifically and expressly indicate the facts constituting the ground for recusal.
(2) The provisions of Article 20(1) of the Act shall apply to the application for recusal which has been made in violation of the provisions of Section (1) above.
 

CHAPTER III PROXY AND ASSISTANT FOR ACTS OF LITIGATION
Article 10 (Jurisdiction over Request for Appointment of Special Representative of Suspect)
The request for appointment of a special representative of the suspect pursuant to the provision of latter part of Article 28(1) of the Act shall be made to the district court having jurisdiction over the location of the office to which the prosecutor or the judicial police official who investigates the relevant matter belongs.
 
Article 11 (Notice of Assistant)
(1) The notice of an assistant as stipulated in Article 29(2) of the Act shall be made by attaching thereto a written document proving the relationship between the person who intends to serve as an assistant and the defendant or the suspect. <Amended, October 29, 2007>
(2) The notice of assistant made prior to the institution of public prosecution shall also be effective throughout the trial of first instance.

CHAPTER IV DEFENSE
Article 12 (Appointment of Defense Counsel by Legal Representative)
When the persons prescribed in Article 30(2) of the Act appoint a defense counsel, they shall submit a written document proving the relationship between themselves and the defendant or suspect, as attached to the document prescribed in Article32 (1) of the Act.

Article 13 (Effect of Appointment of Defense Counsel in Consolidated Cases)
The appointment of defense counsel with respect to one case shall also be effective in other consolidated cases which have been pending before the same court against the same defendant: Provided, however, that this provision shall not apply should the defendant or defense counsel declare an intention to be otherwise. <Amended, December 3, 1996>
 
Article 13-2 (Application for Designation of Counsel-in-Chief)
The application for the designation of counsel-in-chief, revocation of such designation, or alteration thereof shall be made in writing indicating the grounds therefor: Provided, however, that such application may be made orally during the trial.
[Article Amended in Entirety, December 3, 1996]

Article 13-3 (Notice of Designation of Counsel-in-Chief)
The designation, revocation or change of counsel-in-chief shall be notified to the prosecutor and the counsel-in-chief, when the application therefor has been made by the defendant or the suspect; and shall be notified to the defendant or the suspect and the prosecutor, when the application therefor has been made by the counsel or on court¡¯s own motion. <Amended, October 29, 2007>
[Article Amended in Entirety, December 3, 1996]

Article 13-4 (Effect of Designation of Counsel-in-Chief Prior to Prosecution) The designation of counsel-in-chief under Article 32-2(5) of the Act shall remain effective after the initiation of the prosecution.
[Article Amended in Entirety, December 3, 1996]
 
Article 13-5 (Mutatis Mutandis Application of Provisions) The provisions of Article 13 shall apply mutatis mutandis to the counsel-in-chief.

Article 14 (Qualification for State-Appointed Defense Counsel) (1) The state-appointed defense counsel shall be selected from among the attorneys-at-law having their offices within the jurisdiction of the court, the public service advocates serving within the jurisdiction of the court under the Public Service Advocates Act (exclusive of the public service advocates serving for the Ministry of Justice or its affiliated agencies or for the prosecutors¡¯ offices of any level; hereinafter referred to as the "public service advocates"), or the judicial trainees of the Judicial Research and Training Institute who are in training within the jurisdiction of the court.
(2) If there is no attorney-at-law, public service advocate or judicial trainee as prescribed in Section (1) above, or there exist other inevitable grounds, the state-appointed defense counsel may be selected from among the attorneys-at-law having their offices, public service advocates serving, or judicial trainees in training, within the jurisdiction of the adjacent court.
(3) If there is no attorney-at-law, public service advocate or judicial trainee as prescribed in Sections (1) and (2) above, or there exist other inevitable grounds, the state-appointed defense counsel may be selected from among the attorneys-at-law who do not reside within the jurisdiction of the court.
[Article Amended in Entirety, July 10, 1995]

Article 15 (Number of Defense Counsel) (1) One state-appointed defense counsel shall be appointed for each defendant or suspect concerned: Provided, however, that several state-appointed defense counsels may be appointed for one defendant or suspect, shoud the court deem it necessary in light of the special nature of the case.
(2) Should there exist no conflict of interests among the defendants or the suspects, the same state-appointed defense counsel may be appointed for those defendants or suspects.

Article 15-2 (Designated State-Appointed Defense Counsel) The court may designate, for a specified period of time, one or more attorneys-at-law who should exclusively serve as the Designated State-Appointed Defense Counsel, among the attorneys-at-law with their law offices within its jurisdiction (including those who plan to have law offices within its jurisdiction).
[Article Newly Added, August 17, 2006]

Article 16 (Appointment of State-Appointed Defense Counsel prior to Institution of Public Prosecution) (1) Should a suspect who is to be interrogated pursuant to Article 201-2  of the Act have no defense counsel, or should a suspect who is to be subject to the review of legality of arrest or detention under Article 214-2 of the Act have no counsel, the court or a district court judge should appoint a state-appointed defense counsel for such a suspect without delay, and give notice thereof to the suspect and the counsel. <Amended, October 29, 2007>
(2) In the notice to state-appointed defense counsel under Section (1) above, the gist of the alleged crime and the contact information of the suspect may simultaneously be provided. <Amended, October 29, 2007>
(3) The notice under Section (1) above may be provided by way of oral statement, telephone, facsimile, electronic mail, short message service through mobile telephone, or such other means appropriate for the purpose, as well as in written form. <Amended, October 29, 2007>
(4) Sections (1) and (2) shall apply mutatis mutandis when there is no defense counsel subsequent to the request for the review of legality of arrest and detention.
[Article Amended in Entirety, August 17, 2006]

Article 16-2 (Preparation of a List of the Potential State-Appointed Defense Counsel) (1) A district court or a branch court thereof may prepare a list of potential state-appointed defense counsel (hereinafter referred to as the ¡°list¡±) which includes the attorneys-at-law volunteering to be the state-appointed defense counsel, public service advocates, judicial trainees, etc..  In so doing, the district court or the branch court may define the responsibilities of the state-appointed defense counsel and designate scheduled date of service as the state-appointed defense counsel.
(2) The head of a district court or a branch court may request cooperation from the head of district bar association within its or adjacent jurisdiction with respect to the preparation of the list under Section (1) above.
(3) A district court or a branch court, upon preparing the list under Section (1) above, shall immediately give notice to the potential state-appointed defense counsels, in which case Article 16(3) shall apply.
(4) The potential state-appointed defense counsel may request the district court or the branch court to modify the list within three(3) days from the notice under Section (3) above.
(5) In the event the list under Section (1) is prepared, the court or a district court judge shall appoint state-appointed defense counsel in accordance with such list, except under special circumstances.
[Article Newly Added, August 17, 2006]

Article 17 (Appointment of State-Appointed Defense Counsel in Case of Institution of Public Prosecution) (1) The presiding judge, upon institution of the public prosecution, shall notify the defendant without defense counsel that:
1. In case of Subsections 1 through 6 of Article 33(1) of the Act, the trial may not proceed without the defense counsel, and, if the defendant does not appoint the counsel, the court shall appoint a state-appointed defense counsel;
2. In case of Article 33(2) of the Act, the defendant may request the court to appoint a state-appointed defense counsel; and
3. In case of Article 33(3) of the Act, the defendant may state an opinion to the court that the defendant does not wish to be appointed with the state-appointed defense counsel.
(2) The notice of Section (1) above shall be made in writing.
(3) If the defendant who has received the notice of Section (1) above does not appoint a defense counsel, if the defendant requests the appointment of a state-appointed defense counsel pursuant to Article 33(2) of the Act, or if it is required to appoint a state-appointed defense counsel pursuant to Article 33(3), the court shall without delay appoint a state-appointed defense counsel and notify the defendant and the state-appointed defense counsel concerned of such appointment.
(4) The provisions of Sections (1) to (3) shall apply mutatis mutandis in case of no defense counsel subsequent to the institution of public prosecution.
[Article Amended in Entirety, August 17, 2006]

Article 17-2 (Vindication of Grounds for Request of Appointment of State-Appointed Defense Counsel) In requesting the appointment of a state-appointed defense counsel pursuant to Article 33(2) of the Act, the defendant shall present to the court the grounds therefor unless it is deemed that the grounds are vindicated by records.
[Article Newly Added, August 17, 2006]

Article 18 (Cancellation of Appointment) (1) The court or a district court judge shall cancel the appointment of state-appointed defense counsel in any case of the following subsections:
1. When another defense counsel is appointed for the defendant or the suspect;
2. When the state-appointed defense counsel is disqualified as prescribed in Articles 14(1) and 14(2) above; or
3. When the court or a district court judge permits the resignation of the state-appointed defense counsel in accordance with the provision of Article 20 below.
(2) The court or a district court judge may cancel the appointment of state-appointed defense counsel: 
1. If the state-appointed defense counsel dose not perform the duties and responsibilities sincerely;
2. If the motion to change the state-appointed defense counsel made by the defendant or the suspect is deemed reasonable; or
3. If there are other reasonable grounds to cancel the appointment of state-appointed defense counsel.
(3) When the court cancels the appointment of state-appointed defense counsel, it shall notify thereof the state-appointed defense counsel concerned and the defendant or the suspect concerned, without delay.

Article 19 (Appointment in Courtroom) (1) In appointing a state-appointed defense counsel pursuant to Article 283 of the Act or Article 16(1), in the event that the privately appointed defense counsel or the state-appointed defense counsel fails to appear or leaves the court, the court, if unavoidable, may appoint a state-appointed defense counsel among the attorneys-at-law or others qualified under Article 14 who are present in the courtroom, upon hearing the opinion of the defendant or the suspect. <Amended, August 17, 2006 and July 10, 1995>
(2) In case of Section (1) above, the prior appointment of state-appointed defense counsel may be cancelled.
(3) In the event the state-appointed defense counsel may not appear at the court on the date of trial or the date of suspect interrogation, the state-appointed defense counsel shall, without delay, give notice to the court or a district court judge specifying the ground for failure to appear. <Amended, August 17, 2006>

Article 20 (Resignation) When there exists any of the following grounds, the state-appointed defense counsel may resign with the permission of the court or a district court judge: <Amended, August 17, 2006>
1. When it is difficult to perform the duties and responsibilities as a state-appointed defense counsel due to illness or travel for a long period of time;
2. When the counsel is unable to maintain trustful relationship due to the violence, intimidation or insult by the defendant or the suspect;
3. When the defendant or the suspect requests the counsel to perform unjust conduct; or
4. When there exists another reasonable ground deemed to make it difficult for the counsel to perform the duties and responsibilities as a state-appointed defense counsel.

Article 21 (Supervision) When the court deems that a state-appointed defense counsel neglects the duties as such to the extent that the insincerity is remarkable, it may notify such facts to the president of the Korean Bar Association or the president of the District Bar Association concerned.
 
Article 22  <Deleted, December 31, 1999>
 
Article 23  <Deleted, October 29, 2007>
 
 
CHAPTER V TRIAL
 Article 24 (Examination of Facts for Rulings and Orders)
(1) In case the court makes examination of facts pursuant to Article 37(3) of the Act in rendering a ruling or an order, the court, when necessary, may examine witness or may order an expert to provide expert testimony as prescribed in the Act and these Regulations.
 (2) The court may request the prosecutor, the defendant or the suspect or the defense counsel to participate in the process under Section (1) above.
 
Article 25 (Correction of Written Decision) (1) In the event a written decision contains miscalculation or misstatement or other clear errors of similar nature, the court may decide to correct the written decision on its own motion or at the request of the party. <Amended, October 29, 2007>
(2) The ruling for correction shall be written in addition and supplemental to the original copy of the decision and its official duplicate: Provided, however, that, when it is impossible to be added to the official duplicate of the original decision, the official duplicate of the ruling for correction shall be produced and served on the person who has been served with the official duplicate of the original decision. <Amended, October 29, 2007> 
(3) Against the ruling for correction, immediate appeal may be made: Provided, however, that exceptions shall be made when a lawful appeal to the original decision has already been made.

Article 25-2 (Written Decision not available for Type-Printed Name and Seal) Written decision not available for type-printed name and seal in lieu of sign and seal under Article 41(3) of the Act shall mean the judgment and the warrants (including a warrant of confinement for expert testimony and a warrant of permission of expert testimony).
[Article Newly Added, October 29, 2007]

Article 26 (Scope of Persons Entitled to Request Official Duplicate of Original or Abridged Copy of Written Decision) (1) Other person concerned with the case as referred to in Article 45 of the Act shall mean the public prosecutor, the defense counsel, the assistant, the representative of the defendant who is a legal person, the special representative as provided in Article 28 of the Act, and the person entitled to appeal as provided in Articles 340 and 341(1) of the Act.
 (2) The complainant, the accuser or the victim may at his or her own expense request delivery of the official duplicate of the original or abridged copy of the written decision or the protocol in which the decision is stated.  The grounds for such request, however, shall be explained.
 
Article 27 (Request for Certificate Concerning Matters Related to Litigation) The defendant, the persons concerned with the case as prescribed in Article 26(1) above, the complainant, the accuser or the victim may request for delivery of a certificate concerning matters related to the litigation: Provided, however, that the proviso of Article 26(2) above shall apply mutatis mutandis to the request for such delivery made by the complainant, the accuser or the victim.
 
Article 28 (Issuance of Official Duplicate of Original or Abridged Copy, etc.) In issuing the official duplicate of the original or abridged copy (including such as prescribed in Article 26(2) above) as stipulated in Article 45 of the Act or the certificate stipulated in Article 27 above, a court administrative officer, the Junior Administrative Officer, a court chief clerk and a court senior clerk (hereinafter referred to as the "Junior Administrative Officer et al.") concerned shall state in writing within the same document that it is the official duplicate of the original or abridged copy or the certificate concerning the matters related to the litigation, type-print the name, and seal.
 
 
CHAPTER VI DOCUMENTS
Article 29 (Citation in Protocol of Public Trial) Written instruments, photographs and other materials that the court deems appropriate may become a part of the protocol by being cited in the protocol and being attached to the court records.
 
Article 29-2 (Process regarding Request of Change or Objections) If any part of the contents of a protocol of public trial is requested to be changed or objected to pursuant to Article 54(3) of the Act, the Junior Administrative Officer et al. shall prepare an affidavit containing the date of the request, the gist thereof, and the statement thereupon of the presiding judge, which is to be attached in supplement to the protocol of public trial.
[Article Newly Added, October 29, 2007]

Article 30 (Reading of Protocol of Public Trial) If the defendant requests reading of protocol of public trial pursuant to the provision of Article 55(2) of the Act, the Junior Administrative Officer et al. shall read by order of the presiding judge.
[Article Amended in Entirety, October 29, 2007]

Article 30-2 (Request of Stenography, etc.) (1) A motion for stenography, audio recording or video recording (hereinafter including audio recording) shall be made by one(1) week prior to the date of public trial, unless the notice of the date of public trial is given on a date from which not less than one(1) week is left until the designated date of public trial, in which case such motion may be made by the date following the date of notice.
(2) In spite of a motion of the defendant, the defense counsel or the prosecutor, the court may refuse to conduct or conduct in a manner other than the one requested by motion stenography, audio recording or video recording, should there exist special circumstances. In this case, however, the presiding judge shall give notice thereof on the date of public trial.
[Article Amended in Entirety, October 29, 2007]

Article 31  <Deleted, October 29, 2007>
 
Article 32  <Deleted, October 29, 2007>

Article 33 (Measures on Stenographic Transcript) When the court orders stenography, the presiding judge may have the Junior Administrative Officer et al. cite the stenographic transcript in whole or in part in the protocol and attach the same to the court records, thereby making it a part of protocol.
[Article Amended in Entirety, October 29, 2007]

Article 34 (Confirmation by the Person Who Has Made Statement) The procedure set forth in Article 48(3) or the proviso of Article 52 of the Act in case of stenography shall be conducted by having the Junior Administrative Officer et al. or a person having stenographic ability belonging to or selected by the court (hereinafter referred to as a ¡°stenographer¡±) read the stenographic transcript or by allowing the person who has made statement to read the stenographic transcript.
[Article Amended in Entirety, October 29, 2007]

Article 35  <Deleted, October 29, 2007>

Article 36  <Deleted, October 29, 2007>

Article 37  <Deleted, October 29, 2007>

Article 38 (Production of Recording Transcript, etc.) (1) If it is deemed necessary, the presiding judge may order the Junior Administrative Officer et al. or the stenographer to produce a recording transcript of audio or video recording in whole or in part. <Amended, October 29, 2007>

(2) The presiding judge may have the Junior Administrative Officer et al. cite the whole or part of the recording transcript produced pursuant to Section (1) above in the protocol and attach the same to the court records, thereby making it a part of protocol. <Amended, October 29, 2007>
 
Article 38-2 (Delivery of Copy of Stenographic Transcripts, Audio or Video Records) (1) Notwithstanding Article 56-2(3) of the Act, the presiding judge may refuse the delivery of the copy of stenographic transcripts or audio or video records, or restrict the scope of such delivery, should it be deemed necessary to protect privacy of the victim or to prevent harm to the victim.
(2) Any person who receives delivery of the copy of stenographic transcripts or audio or video records under Article 56-2(3) of the Act shall not use such copy for any purpose not related to the same case or the performance of the procedure in relevant litigation.
[Article Newly Added, October 29. 2007]

Article 39 (Preservation and Destruction of Stenographic Transcripts etc.) Stenographic transcripts and audio or video records may be kept in electronic form, and shall be destroyed upon the finalization of the trial.
[Article Amended in Entirety, October 29, 2007]

Article 40  <Deleted, October 29, 2007>

Article 41 (Special Rule on Signature and Seal) When a person who is not a public official has to sign and seal yet is unable to do so, another person may do so in his or her behalf, in which case, the person who actually fixes signature shall state the ground therefor, and either type-print the name and seal or sign the name. <Amended, October 29, 2007>

CHAPTER VII SERVICE
Article 42 (Scope of Court Locations under Article 60 of the Act) The court locations provided for under the provision of Article 60(1) of the Act shall be the Special Metropolitan City, Metropolitan City, Si/Gun (exclusive of Gun within Metropolitan Cities) where the relevant courts are located. <Amended, December 3, 1996>
 
Article 43 (Decision to Order Service by Publication) The court shall, on its own motion, order by a ruling the service by publication, when it deems that there is a ground therefor.

CHAPTER VIII PERIOD
Article 44 (Extension of Statutory Period) (1) In case a person who is to conduct any acts in the litigation resides within the Republic of Korea, the statutory period shall be extended by one(1) day for each 100 km on the sea and for each 200 km on the land respectively, in accordance with the distance between such person¡¯s residence or location of the office and the location of the court or the prosecutors¡¯ office.  When the entire or remainder of the distance falls short of the distance specified above, if it is over 50 km, then the period shall be extended by one(1) day: Provided, however, that the court may extend the statutory period, in case of unavoidable circumstances such as the case of flood or other natural disasters, or in case of the existence of the reasonable grounds for extension taking the difficulty of traffic and communications situations into account.
(2) In case a person who is to conduct any acts in the litigation resides abroad, the days of the following subsections shall be added to the statutory period in accordance with the location of the country of residence of such person:
1. Fifteen(15) days for Asia and Oceania
2. Twenty(20) days for North America and Europe
3. Thirty(30) days for Central and South America and Africa
[Article Amended in Entirety, December 3, 1996]
 

CHAPTER IX SUMMON AND DETENTION OF THE DEFENDANT
Article 45 (Reasonable Interval for Summons) A writ of summons to the defendant shall be served not later than twelve(12) hours prior to the time of appearance, except for the case of Article 269 of the Act: Provided, however, that exceptions shall be made when the defendant does not raise any objection.

Article 46 (Matters to Be Stated in Warrant of Detention) The warrant of detention shall contain a description on, in addition to the matters as prescribed in Article 75 of the Act, the resident registration number of the defendant (for foreigners, the foreigner¡¯s registration number, and, for any person whose resident registration number or foreigner¡¯s registration number is nonexistent or unknown, date of birth and gender, hereinafter referred to as the ¡°resident registration number etc.¡±), the defendant¡¯s occupation, and the grounds for detention as provided in the subsections of Article 70(1) of the Act. <Amended, October 29, 2007 and December 3, 1996>
 
Article 47 (Matters to Be Stated in Warrant of Detention Issued by Entrusted Judge or Presiding Judge, etc.) When the entrusted judge issues a warrant of detention pursuant to Article 77(3) of the Act, or when a presiding judge or a member of the three-judge panel issues a writ of summons or a warrant of detention pursuant to Article 80 of the Act, the purport to that effect shall be entered in the writ of summons or the warrant of detention.

Article 48 (Transmission of Warrant of Detention to Public Prosecutor) In case of execution of a warrant of detention under the direction of a public prosecutor, the court which issued the warrant shall transmit the original copy of the warrant of detention to the prosecutor.
 
 
Article 49 (Procedures following Execution of Warrant of Detention) (1) In case a person who is in charge of the execution of the warrant of detention executes the warrant, that person shall state the time and place of the execution in case of successful execution, and, in case of unsuccessful execution on the warrant of detention, the grounds therefore, respectively, and then type-print the name and seal it. <Amended, December 3, 1996> 
(2) Documents concerning the execution of a warrant of detention shall be submitted to the court which issued the warrant through the prosecutor or the entrusted judge who has directed the execution.
(3) <Deleted, October 29, 2007>
 
Article 49-2 (Measures following the Execution of Warrant of Detention for Compulsory Appearance) The presiding judge of the court to which the documents concerning the execution of a warrant of detention for compulsory appearance have been submitted shall have the Junior Administrative Officer et al. write the time at which the defendant has been taken into custody on the warrant of detention, and, in case the defendant is confined pursuant to Article 71-2 of the Act, shall write the place of confinement on the warrant of detention and then sign and affix the seal thereon.
[Article Newly Added, October 29, 2007]

Article 50 (Request for Delivery of Official Duplicate of Warrant of Detention) (1) The defendant, the defense counsel, the legal representative of the defendant, the special agent for the defendant under Article 28 of the Act, or the spouse, lineal relatives or siblings of the defendant may request the court which has issued the warrant of detention to deliver an official duplicate of the warrant. <Amended, October 29, 2007 and December 3, 1996>
(2) In the case of Section (1) above, Article 26(2) above shall apply mutatis mutandis to the complainant, the accuser or the victim.
 
Article 51 (Notice of Detention) (1) Upon detention of the defendant, if there is no defense counsel or any person referred to in Article 30(2) of the Act, notice on the matters as provided in Article 87(1) of the Act shall be provided for the person designated by the defendant. <Amended, December 3, 1996>
(2) The notice of detention shall be made in writing within twenty-four(24) hours from the time of detention.  If the notice has not been made due to non-existence of the person referred to in Section (1) above, a written statement on such circumstances shall be filed in the record. <Amended, December 3, 1996>
(3) In case of urgency, the execution of detention and the date, time and location thereof may be notified by telephone, facsimile or other appropriate means: Provided, however, that the written notice of detention shall be followed thereafter. <Section Newly Added, December 3, 1996>
 
Article 52 (Notice of Detention and of Alleged Facts Constituting Crime)
In giving a notice under Articles 72 and 88 of the Act, the court or the judge shall have a Junior Court Administrator et al. participate and prepare a protocol, or shall have the defendant or the suspect prepare an affidavit confirming the relevant facts or other documents. <Amended, December 31, 1997 and December 3, 1996>

Article 53 (Motion for Bail, etc.) (1) A motion for bail or a motion for cancellation of detention shall contain:
1. Case Number
2. Name, Resident Registration Number, etc., and the address of the detained defendant
3. Purport of motion and the ground therefor, and
4. Name of the moving party and the relationship between the moving party and the the detained defendant.
(2) When a motion for bail is filed or when a motion for cancellation of detention is filed by a person other than a public prosecutor, a certified copy thereof shall be attached thereto.
(3) When the court seeks the opinion of a public prosecutor with respect to release on bail or cancellation of detention as mentioned in Section (1) above, the court shall attach the certified copy referred to in Section (2) above.
[Article Amended in Entirety, October 29, 2007]
 
Article 53-2 (Submission of Statement, etc.) (1) A person who files a motion for bail may present an opinion on adequate bail conditions and submit materials vindicating the grounds therefor.
(2) A person who files a motion for bail shall submit a document on the financial resources or the financial standing of the defendant (where the defendant is a minor, such defendant¡¯s legal representative, et al.), to the scope necessary to determine whether the conditions are performable in accordance with Article 99(2) of the Act in determining bail conditions.
[Article Amended in Entirety, October 29, 2007]

Article 54 (Submission of Records, etc.) (1) Where the court requests a public prosecutor's opinion as to release on bail, cancellation of detention or suspension of execution of detention, the prosecutor shall submit to the court the written opinion thereon, together with the litigation documents and evidence, without delay.  In this case, the opinion shall be submitted by the day following the day on which the prosecutor received the request for opinion from the court, except where there exist special circumstances. <Amended, October 29, 2007>
(2) When a public prosecutor is requested to provide an opinion on the suitability of granting bail, if the prosecutor deems that granting bail is not suitable, then the prosecutor shall expressly state the ground for such opinion. <Section Newly Added, December 31, 1997>
(3) In case of Section (2), where the prosecutor deems there is good reason to grant release on bail, the prosecutor may state an opinion as to the bail conditions. <Section Newly Added, October 29, 2007 and December 31, 1997>
 
Article 54-2 (Review on Motion for Bail) (1) The court which has been filed with a motion for bail shall, without delay, set the date and examine the detained defendant: Provided, however, that this provision shall not apply in a case falling under any of the following subsections:
1. When the motion was filed by a person other than the person entitled to file a motion for bail as prescribed in Article 94 of the Act;
2. When a duplicate motion for bail has been filed or the motion for bail has been filed repeatedly for the same defendant;
3. When the defendant has been given an opportunity to make favorable statements before or during the trial; or
4. When it is clear whether to grant or deny the release on bail in light of the documents already submitted. <Section Amended, October 29, 2007>
(2) The court which has set the date for examination pursuant to Section (1) above shall immediately notify the prosecutor, the defense counsel, the person who filed the motion for bail, and the head of the agency where the defendant has been detained, of the date and location of the examination, and the head of the agency where the defendant has been detained shall have the defendant present at the examination.
(3) The notice under Section (2) may be given by telephone, facsimile, electronic mail, short message service on mobile telephone, or such other means appropriate for the purpose, as well as in written form.  In this case, the proof of the notice may be made by writing the purport thereof in the protocol of interrogation. <Section Newly Added, October 29, 2007 and December 3, 1996>
(4) The defendant, the defense counsel and the person who filed the motion for bail may submit the materials favorable to the defendant. <Section Amended, October 29, 2007>
(5) The prosecutor, the defense counsel and the person who filed the motion for bail may attend the examination as referred to in Section (1) above, and make statements during the examination.
(6) The court may request the defendant, the defense counsel or a person who filed the motion for bail to submit such materials as necessary to determine the bail conditions. <Section Newly Added, October 29, 2007>
(7) The court may have the examination of the defendant conducted by a member of the three-judge panel. <Section Newly Added, October 29, 2007 and December 3, 1996>
[Article Newly Added, June 7, 1989]
 
Article 55 (Time Limit for Ruling of Release on Bail, etc.) The court shall render a ruling concerning whether to grant the release on bail or to cancel the detention within seven(7) days from the motion therefor should there exist no special circumstances.
[Article Amended in Entirety, October 29, 2007]

Article 55-2 (Statement of Grounds for Denying the Motion) The ruling to deny the release on bail shall expressly identify the ground therefor by specifying which of the subsections of Article 95 of the Act applies..
[Article Newly Added, June 7, 1989]

Article 55-3 (Measures following Release on Bail) (1) The court may require the chief of the police station having jurisdiction over the defendant released on bail in accordance with Article 98(3) of the Act to take adequate measures to enforce the bail conditions, including the examination of whether the defendant on bail complies with residential restrictions.
(2) If the bail condition under Article 96(6) of the Act is provided, the court may require the chief of the immigration office to prevent the defendant on bail from departing from the Republic of Korea.
(3) The chief of a public office or the head of other public or private corporation who is required to take such measures as necessary to enforce the bail conditions in accordance with Article 100(5) of the Act shall give notice to the court upon the content and the progress of such measures.
[Article Newly Added, October 29, 2007; Article 55-3 under Previous Regulations Moved to Article 55-4 under Current Regulations, October 29, 2007>

Article 55-4(Notification for Change of Bail Conditions) In case the court renders a ruling to change the conditions of release on bail or to suspend the performance of bail conditions subsequent to granting a motion for release on bail, it shall notify the prosecutor thereof without delay. <Article Amended, October 29, 2007> 
[Article Newly Added, December 31, 1997; Moved from Article 55-3, October 29, 2007]

Article 55-5 (Breach of Bail Conditions, Fines for Breach Imposed on Defendant, etc.) (1) For the trial procedure to impose fines under Articles 102(3) and 102(4) of the Act, the provisions of Articles 248 and 250 of the Non-Contentious Case Litigation Procedure Act (except for the part regarding the prosecutor) shall apply mutatis mutandis.
(2) The trial procedure for detention under Article 102(3) of the Act shall be initiated by the ruling of the court. The court may not make such ruling initiating the procedure after twenty(20) days from the date on which the cause of detention arises.
(3) The court may decide not to place the defendant under detention subsequent to the initiation of the trial procedure for detention, should it deem that detention is not reasonable.
(4) The ruling under Section (2) and the decision not to place the defendant under detention under Section (3) above may not be objected to or appealed.
(5) For the procedure of detention in accordance with Sections (2) to (4) above and Articles 102(3) and 102(4) of the Act, the provisions of Articles 3, 6, 7-2, 8, 10, 11, 13, 15, 16, 18, 19, 21 to 23, and 25(1) of the¡¸Regulations on Trials for Preserving Orders of Court etc.¡¹ shall apply mutatis mutandis.
[Article Newly Added, October 29, 2007]
 
Article 56 (Procedure of Re-confinement by Cancellation of Release on Bail, etc.) (1) When there is a ruling canceling either release on bail or suspension of the execution of detention pursuant to Article 102(2) of the Act, or when the period of suspension of execution of detention expires, the prosecutor shall re-confine the defendant by presenting the official duplicate of the ruling of cancellation or of the ruling of fixed-term suspension of the execution of detention: Provided, however, that, in case of urgency, the presiding judge, the commissioned judge or the entrusted judge may direct the re-confinement. <Section Amended, October 29, 2007 and December 3, 1996>
(2) In the case of the proviso of Section (1) above, the judge may have the Junior Administrative Officer et al. execute the re-confinement. In such case, the Junior Administrative Officer et al. may request the judicial police officer or the prison officer for assistance where necessary for the execution thereof, and may also carry out the execution outside the jurisdiction. <Section Newly Added, December 3, 1996>
 
Article 57 (Appeal, etc. and Ruling Concerning Detention) (1) Any ruling on detention, renewal of the detention period, cancellation of detention, release on bail, cancellation of release on bail, suspension of execution of detention, or cancellation of such suspension of the defendant concerning a case during the period of appeal or a case pending at any appellate level of court shall belong to the jurisdiction of the court of original level, until the record of trial arrives at the court of appeal. <Section Amended, December 31, 1997>
(2) The ruling as set forth in Section (1) above concerning a case which is being transferred, returned after reversal or transferred after reversal shall belong to the jurisdiction of the court which so transfers or returns the case, until the record of trial arrives at the court to which the case is to be transferred or returned.

CHAPTER X SEARCH AND SEIZURE 
Article 58 (Matters to be Stated in Warrant of Search and Seizure) The warrant of search and seizure shall contain a description on the grounds for such search and seizure. <Article Amended, December 3, 1996>

Article 59 (Applicable Provisions) The provisions of Article 48 shall apply mutatis mutandis to the warrant of search or of seizure.
 
Article 60 (Participation in Search and Seizure) (1) In case of search and seizure by the court, the Junior Administrative Officer et al. shall participate therein.
(2) When the Junior Administrative Officer et al. or a judicial police officer conducts search and seizure upon the warrant thereof, any other Junior Administrative Officer et al. or judicial police officers shall participate therein.
 
Article 61 (Preparation of Certificate of Search and Inventory of Seized Properties) The Junior Administrative Officer et al. who has participated in the search and seizure in accordance with Article 60(1), and the person who has executed the warrant in accordance with Article 60(2), respectively, shall prepare and deliver the certificate as set forth in Article 128 of the Act or the inventory as set forth in Article 129 of the Act.
 
Article 62 (Description in Protocol of Search and Seizure) In case the certificate or the inventory as set forth in Article 61 is delivered or the disposal as stipulated in Article 130 of the Act is conducted in the course of search and seizure, a description on such circumstances shall be made in the protocol of search and seizure.
 
Article 63 (Measures to Be Taken following Execution of Warrant of Search and Seizure) The documents on the execution of the warrant of search and seizure and the seized articles shall be submitted to the court which has issued the warrant: Provided, however, that, in the case of execution under the command of a public prosecutor, such submission shall be made through the prosecutor.
 
 
CHAPTER XI INSPECTION
Article 64 (Matters to Be Stated in the Summons for Physical Examination of Defendant) The summons for physical examination of the defendant shall contain a statement that the defendant is summoned for physical examination.
 
Article 65 (Matters to be Stated in the Summons for Physical Examination of Person Other Than Defendant) The summons for physical examination of a person other than the defendant shall contain a description on the name and domicile of the person summoned, the name of the defendant and the alleged crime, the date, time and place to appear, and a statement that the person summoned is summoned for physical examination, and the presiding judge or the commissioned judge shall type-print the name and seal such summons. <Article Amended, December 3, 1996>

CHAPTER XII EXAMINATION OF WITNESS
Article 66 (Matters for Examination, etc.) The presiding judge, if deemed necessary to prevent disclosure or revelation of personal information or to protect personal safety of the victim or the witness, may order the person who has requested for the examination of the witness to submit a written list of matters for examination in advance.
[Article Amended, in Entirety, October 29, 2007]

Article 67 (Cancellation of Ruling) When the person who has been ordered as prescribed in Article 66 fails to promptly submit the written list, the court may cancel the ruling concerning evidence. <Article Amended, October 29, 2007>

Article 67-2 (Method of Summoning Witness) (1) Witnesses may be summoned under Article 150-2 of the Act by way of service of summons, telephone, facsimile, electronic mail, short message service on mobile telephone, or such other means appropriate for the purpose.
(2) The person who requests a witness shall make all reasonable efforts for the witness¡¯s appearance at the court, by, including, but not limited to, checking in advance the location, contact information, possibility of appearance, possible dates and time of appearance, and such other matters as necessary to summon the witness.
[Article Newly Added, October 29, 2007]

Article 68 (Matters to be Stated in Summons and Warrant of Detention) (1) The summons for a witness shall contain a description on the name of the person summoned, the name of the defendant and the alleged crime, the date, time and place of appearance, and a statement that failure to appear without justifiable reason may result in the imposition of fine or order for compensation for the expenses incurred due to failure to appear or arrest for failure to appear.  The presiding judge shall type-print the name and seal such summons. <Section Amended, December 3, 1996>
(2) The warrant of detention of a witness shall contain a description on the name of the witness, the witness¡¯s resident registration number (or date of birth if such number is nonexistent or unknown), the witness¡¯s occupation and domicile, the name of the defendant and the alleged crime, the date, time and place to be detained, the date of issuance, the period of the validity of the warrant, and the statement to the effect that the warrant shall not be executed and be returned if the period for its validity expires.  The presiding judge shall sign and seal such warrant. <Section Amended, December 3, 1996>

Article 68-2 (Report of Non-Appreance) If a witness who has received a request for appearance is not able to appear on the designated date, the witness shall immediately report to the court such non-appearance by identifying the ground therefor.
[Article Newly Added, October 29, 2007]

Article 68-3 (Fines on Witness, etc.) For the trial procedure on fines and the litigation expenses under Article 151(1) of the Act, the provisions of Articles 248 and 250 of the Non-Contentious Case Litigation Procedure Act (except for the latter part of Article 248(3) and the part regarding the prosecutor) shall apply mutatis mutandis.
[Article Newly Added, October 29, 2007]

Article 68-4 (Detention of Witness) (1) The trial procedure for detention in accordance with Sections (2) to (8) of Article 151 of the Act shall be initiated by the ruling of the court.  The court may not make such ruling initiating the procedure after twenty(20) days from the date on which the cause of detention arises.
(2) The court shall decide not to place the witness under detention, in case, after initiation the trial procedure for detention yet prior to the court¡¯s decision thereon, the witness testifies or it is otherwise deemed that detention is not reasonable.
(3) The ruling to initiate the trial procedure for detention under Section (1) and the decision not to place the defendant under detention under Section (2) may not be objected to or appealed.
(4) In the event the witness is released in accordance with Article 151(7) of the Act, the presiding judge shall immediately give notice in writing thereof to the chief of the detention facility.
(5) For the procedure of detention in accordance with Sections (1) to (4) above and Sections (2) to (8) of Article 151 of the Act, the provisions of Articles 3, 6 to 8, 10, 11, 13, 15 to 19, 21 to 23, and 25(1) of the¡¸Regulations on Trials for Preserving Orders of Court etc.¡¹(with the exception that ¡°the date of executing the detention¡± in Article 23(8) shall be read as ¡°the date of notice in accordance with Article 151(5) of the Act¡±) shall apply mutatis mutandis.
[Article Newly Added, October 29, 2007]
 
Article 69 (Applicable Provisions) Articles 48 and 49, and the former part of Article 49-2 shall apply mutatis mutandis to compulsory appearance of witness. <Article Amended, October 29, 2007>

Article 70 (Service of Summons)
The summons for a witness shall be served not later than twenty-four(24) hours before the date of appearance, unless there exist urgent circumstances..
 
Article 70-2 (Measures to be Taken When Summons for Witness Becomes Undeliverable) In the event the summons for a witness of Article 68 becomes undeliverable, the person who requested such witness shall, by the order of the presiding judge, correct the address of the witness in writing, and concurrently, fully examine and sincerely state the location, contact information and the possibility of appearance of the witness.
[Article Newly Added, October 29, 2007]

Article 71 (Confirmation of Identity of Witness) The presiding judge shall confirm the identity of the witness by having the witness present the identification card such as the resident registration card, or through other appropriate means.
[Article Amended in Entirety, March 23, 2006]

Article 72 (Explanation of Effect of Oath) Where there is any doubt whether a witness can understand the effect of oath, the court shall examine the witness in relation thereto, and explain the effect of oath if necessary.

Article 73 (Examination in Writing) When a witness cannot hear, questions shall be posed in writing; and, when a witness cannot speak, answers may be provided in writing.
 
Article 74 (Method of Examination of Witness) (1) In conducting the examination of a witness, the presiding judge shall have the witness make the statements concerning the matters to be proven as concrete and specific as possible. <Section Amended, December 3, 1996>
(2) Examination falling under any of the following subsections shall not be made: Provided, however, that examination falling under subsections 2 through 4 may be made when there exists a reasonable ground therefor:
1. Intimidating or insulting examination;
2. Examination that overlaps or repeats the prior examination;
3. Examination that asks for an opinion or is equivalent to a discussion; or
4. Examination concerning the matters that the witness did not experience directly.

Article 75 (Main Examination) (1) The examination conducted in accordance with the first part of Article 161-2(1) of the Act (hereinafter referred to as "main examination") shall be made with respect to the matters to be proven and other matters relevant thereto.
(2) In conducting main examination, a leading question shall not be posed: Provided, however, that exceptions may be made in any case of the following subsections:
1. Examination relating to preparatory matters which need to be discovered prior to the substantive examination, such matters as the relationship between the witness and the defendant, the personal history of the witness, and the social relationship of the witness, and so on;
2. Examination on such matters where there exists clearly no controversy thereupon between the prosecutor, the defendant and the defense counsel;
3. Examination when the witness shows either hostility or antipathy against the person who conducts main examination;
4. Examination on the previous statements made by the witness when the witness testifies to the contrary; or
5. Examination in case of any particular circumstances where a leading question is necessary.
(3) The presiding judge shall prohibit a leading question that does not fall under any of the subsections specified in the proviso of Section (2) above, and, if the presiding judge deems that the method of leading question unreasonable, the presiding judge may restrain such method.

Article 76 (Cross-Examination) (1) The examination conducted in accordance with the latter part of Article 161-2(1) of the Act (hereinafter referred to as "cross-examination") shall be made with respect to such matters as examined by the main examination and other matters relevant thereto.
(2) A leading question may be posed in cross-examination, if necessary.
(3) If the presiding judge deems that the method of leading question is unreasonable, the presiding judge may restrain such method.
(4) Any party, in conducting cross-examination, who wishes to examine the witness on the new facts which have not been examined during the main examination shall obtain the presiding judge's permission.
(5) The examination set forth in Section (4) shall be regarded as the main examination, in so far as such new facts are concerned.
 
Article 77 (Examination on Matters Necessary to Impeach Probative Value of Testimony)
(1) In conducting main examination or cross-examination, either party may examine on the matters necessary to impeach the probative value of the testimony.
(2) The examination set forth in Section (1) shall be made with respect to the credibility of testimony pertaining to, for example, the experience and memory of the witness or the accuracy of the expression, and to the reliability of the witness pertaining to, for example, the interests, prejudice or presupposition of the witness: Provided, however, that such examination that injures the reputation of the witness shall not be made.

Article 78 (The Second Main Examination) (1) The prosecutor, the defendant or the defense counsel who conducted the main examination may, following the cross-examination, re-examine the witness on such matters as have been examined during the cross-examination and other matters relevant thereto (hereinafter referred to as the "second main examination").
(2) The second main examination shall be conducted in the same way as in the main examination.
(3) Articles 76(4) and 76(5) shall apply mutatis mutandis to the second main examination.
 
Article 79 (Re-examination Upon Permission of Presiding Judge) The prosecutor, the defendant or the defense counsel may re-examine the witness upon the permission of the presiding judge, even after the main examination, the cross-examination, and the second main examination.

Article 80 (Change of Order of Examination by Presiding Judge) (1) In case the presiding judge has examined the witness prior to the examination by the prosecutor, the defendant and the defense counsel in accordance with the first part of Article 161-2(3) of the Act, Articles 75 through 79 shall apply mutatis mutandis, respectively, to the subsequent examination by the prosecutor, the defendant and the defense counsel, by dividing them to the party who requested such examination and the other party.
(2) In case the presiding judge changes the order of examination in accordance with the latter part of Article 161-2(3) of the Act, the presiding judge shall determine the method thereof.

Article 81 (Sua Sponte Examination of Witness) When the prosecutor, the defendant or the defense counsel examines the witness subsequent to the sua sponte examination by the presiding judge of the witness as prescribed in Article 161-2(4) of the Act, such examination shall be conducted in the same way as if it were a cross-examination.
 
Article 82 (Examination With Respect To Documents and Articles) (1) When an examination of a witness is conducted with respect to the formation or the identity of documents or articles or other matters equivalent thereto, such documents or articles may be proffered to the witness.
(2) When the documents or articles as mentioned in Section (1) have not been examined as evidence, the court shall give the other party an opportunity to inspect them in advance: Provided, however, that exceptions shall be made when the other party does not raise any objection.
 
Article 83 (When Refreshment of Memory Is Necessary) (1) When it is necessary to refresh the memory of a witness with respect to the matters of which the witness does not have a clear memory, the witness may be examined by way of showing the relevant documents or articles upon the permission of the presiding judge.
(2) In case of Section (1) above, the content of the document shall not have an unreasonable influence on the statement of the witness.
(3) The provision of Article 82(2) shall apply mutatis mutandis to Section (1) above.

Article 84 (When Clarification of Testimony Is Necessary) (1) When it is necessary to clarify the statement of a witness, the witness may be examined by way of utilizing drawings, photographs, models or other equipments and apparatus, etc.
(2) The provision of Article 83(2) shall apply mutatis mutandis to Section (1) above.

Article 84-2 (Perusal of Protocol of Witness Examination by Witness etc.) The witness may request for perusal or photocopying of the protocol of witness examination concerning himself or herself.
[Article Newly Added, December 3, 1996]

Article 84-3 (Presence of Persons with Trustful Relationship to Victim Testifying As Witness) (1) A person with a trustful relationship to the victim who may appear and sit in company with the victim in accordance with Article 163-2 of the Act shall mean the spouse, the lineal relative, the siblings, the family members, the cohabitants, the employer or such other person who may bring psychological stability to and facilitate communications of the victim.
(2) A motion for appearing and sitting in company with the victim in accordance with Article 163-2(1) of the Act shall expressly state the relationship between the person who is to sit in company and the victim, and the reason necessitating sitting in company, etc.
(3) The presiding judge may discontinue the person¡¯s sitting in company with the victim under Article 163-2(1) or 163-2(2) of the Act, should such a person unreasonably interfere with the progress of the trial.
[Article Newly Added, October 29, 2007]

Article 84-4 (Decision to Examine Witness Through Video or Other Transmission System) (1) If the court decides that the witness to be examined falls under any of Subsections 1 to 3 of Article 165-2 of the Act, it shall, at the same time when it decides whether to examine such witness, decide whether or not to examine such witness through a transmission facility by means of video or other transmission systems or a closed facility.  In so determining, the court shall take into consideration the age of the witness, the mental and psychological state of the witness at the time of testimony, the means and results of the criminal acts concerned, and the attitude of the defendant or the person relevant to the case subsequent to the criminal acts, etc.
(2) The court may decide to examine the witness through a transmission facility by means of video or other transmission systems or a closed facility, before or during the examination of the witness.
[Article Newly Added, October 29, 2007]

Article 84-5 (Method of Transmission and Location of Testimonial Room) (1) When examining the witness through a transmission facility by means of video or other transmission systems in accordance with Article 84-4, the court shall have the witness appear in a testimonial room with video or other transmission systems located outside the courtroom, and examine the witness by transmission of video and audio through which the presiding judge, the prosecutor, the defendant and the defense counsel in the courtroom and the witness in the testimonial room may identify each other. However, should the presiding judge determine that it is not appropriate for the protection of the witness having the witness confront with the defendant or vice versa through the transmission systems, the presiding judge, after hearing the opinion of the prosecutor and the defense counsel, may discontinue the operation of the system through which the witness or the defendant may identify each other.
(2) The testimonial room under Section (1) shall be located in the court: Provided, however, that the testimonial room may be located in such other appropriate place outside the court if necessary.
[Article Newly Added, October 29, 2007]

Article 84-6 (Non-disclosure of Hearing) (1) When examining the witness through a transmission facility by means of video or other transmission systems or a closed facility, the court, by a ruling, may decide not to disclose the examination if it is deemed necessary to protect the witness.
(2) The witness summoned or such witness¡¯s family members may move for the non-disclosure of the witness examination on the ground of protection of the witness, etc.
(3) In case a motion is filed under Section (2), the presiding judge shall decide whether or not to grant the motion, and how and where to examine the witness including disclosure to the public and the examination in a location outside the courtroom, etc..
(4) Notwithstanding the decision under Section (1), the presiding judge may allow such persons as deemed adequate to be present in the courtroom.
[Article Newly Added, October 29, 2007]

Article 84-7 (Presence in Testimonial Room, etc.) (1) When examining the witness through a transmission facility by means of video or other transmission system, should the court allow a person with a trustful relationship to the witness to sit in company pursuant to Article 163-2 of the Act, the court shall have such a person sit in company with the witness in the testimonial room set forth in Article 84-5.
(2) The court shall have its employee assist the operation of the transmission system and the examination procedure in the testimonial room.
[Article Newly Added, October 29, 2007]

Article 84-8 (Consideration for Witness) (1) In examining a witness in accordance with Article 165-2 of the Act, the witness may use dolls, pictures or other adequate tools which may be helpful for the testimony.
(2) The witness under Section (1) may carry during the testimony such items as the witness chooses including a blanket, a toy or a doll.
[Article Newly Added, October 29, 2007]
 
Article 84-9 (Closed Facility) In installing a closed facility in accordance with Article 165-2 of the Act, the court shall take necessary measures to prevent the defendant and the witness from confronting and seeing each other.
[Article Newly Added, October 29, 2007]

CHAPTER XIII expert testimony
Article 85 (Matters to Be Stated in Warrant of Confinement for Expert Testimony) (1) A warrant of the confinement for expert testimony shall contain a description on the name, resident registration number etc., occupation and domicile of the defendant, the alleged crime, the summary of alleged criminal facts, the place and period of confinement, the purpose of expert testimony, the period of validity of the warrant and a statement to the effect that such warrant may not be executed and shall be returned after expiration of such period of validity.  The presiding judge or the commissioned judge shall sign and seal the warrant. <Section Amended, October 29, 2007 and December 3, 1996>
(2) Shortening or extension of the period of confinement or the change of the place of confinement for the purpose of expert testimony shall be determined by a ruling.

Article 86 (Method of Request for Custody) The request under the provision of Article 172(5) of the Act shall be made in writing by stating the reasons for custody of the defendant. <Article Amended, December 3, 1996>

Article 87 (Payment of Expenses) (1) The court, when confining the defendant to a hospital or other places for the purpose of expert testimony, shall pay hospital charges and other expenses necessary to accommodate the defendant upon the request of the manager thereof.
(2) The expenses as set forth in Section (1) above shall be determined by the court by a ruling.
 
Article 88 (Applicable Provisions) The provisions regarding detention shall apply mutatis mutandis to the confinement of the defendant for the purpose of expert testimony, when there exist no other special provisions in these Regulations: Provided, however, that the provisions regarding bail shall not apply mutatis mutandis hereto.
 
Article 89 (Matters to Be Stated in Warrant of Permission) (1) The warrant of permission for necessary dispositions for expert testimony shall contain, in addition to the matters set forth in Article 173(2) of the Act, a description on the occupation of the expert witness, a statement to the effect that the disposition permitted may not be commenced and the warrant shall be returned should the effective period expire, and the date of issuance.  The presiding judge or the commissioned judge shall sign and seal the warrant of permission.
(2) When the court adds some conditions with regard to the permission for necessary dispositions for expert testimony, such conditions shall be stated in the warrant as set forth in Section (1) above.
 
Article 89-2 (Providing of Materials) The presiding judge may provide the expert witness with the materials filed in the trial records which may be useful in examination, if the presiding judge deems it necessary.
[Article Newly Added, December 3, 1996]

Article 89-3 (Explaining of Written Expert Testimony) (1) If the written expert testimony is explained in accordance with the provision of Article 179-2(2) of the Act, the court shall have the prosecutor, the defendant or the defense counsel present therein.
(2) The summary of the explanation under Section (1) above shall be stated in the protocol.

Article 90 (Applicable Provisions) The provisions of Chapter XII, except for the provisions regarding arrest, shall apply mutatis mutandis to expert testimony.

CHAPTER XIV PRESERVATION OF EVIDENCE
Article 91 (Judges in Charge of Preservation of Evidence) (1) A request for preservation of evidence shall be filed with a judge of the district court having jurisdiction over one of the following places:
1. With regard to seizure, the site where the articles to be seized are located;
2. With regard to search or inspection, the place of search or inspection, or the site where the body or the articles are located;
3. With regard to the examination of a witness, the place of residence or presence of the witness; or
4. With regard to expert testimony, the place in which the object for expert testimony is located or present.
(2) Notwithstanding the provision of Subsection 4 of Section (1), a request for expert testimony may be filed with a judge of the district court where expert testimony thereby is more convenient.

Article 92 (Form of Request) (1) The following items shall be written in the request for preservation of evidence:
1. Summary of the case;
2. Facts to be proved;
3. Kinds of evidence and the method of preservation thereof; and
4. Reasons for the necessity of preservation of evidence.
(2) <Deleted, December 3, 1996>

PART II PROCEEDINGS AT THE FIRST INSTANCE

CHAPTER I  INVESTIGATION

Article 93 (Method of Requesting Warrants) (1) The request for warrants shall be made in writing.
(2) To the request for a warrant of arrest or detention, a written statement of the gist of the crime (or, in case of requests for multiple warrants, the corresponding number of such statements) shall be attached. <Section Amended, October 29, 2007>
(3) To the request for a warrant of search, seizure or inspection, a written statement of the gist of the crime, and the place and the object of search, seizure or inspection (or, in case of requests for multiple warrants, the corresponding number of such statements) shall be attached. <Section Newly Added, October 29, 2007>

Article 94 (Method of Warrants) The warrant issued upon the request by the public prosecutor shall contain a description on the name of the requesting public prosecutor and the statement to the effect that the warrant is issued upon the request of the named public prosecutor. <Article Amended, December 3, 1996>

Article 95 (Matters to Be Stated in Request for Warrant of Arrest) In the request for a warrant of arrest, the matters of the following subsections shall be stated:
1. Name (or, in case of uncertainty, facial description, physical features and other characteristics which could identify the suspect), resident registration number etc., occupation and domicile of the suspect;
2. Name of the defense counsel for the suspect, if any;
3. Summary of the alleged crime;
4. Request for validity for a period of seven(7) or longer days and appropriate reasons therefor, in case such validity period is required;
5. Request for multiple warrants and appropriate reasons therefor, in case of request for multiple warrants;
6. Place of confinement and detention;
7. Grounds for arrest as provided in Article 200-2(1) of the Act.
8. Purport and reason of requesting a warrant of arrest anew if a warrant of arrest was requested or issued previously for the same suspect for the same criminal act; and
9. Existence of a valid warrant of arrest and the criminal act for which such arrest warrant has been issued, in case there exists a valid arrest warrant for the same suspect for different criminal acts that are currently under investigation. 
[Article Amended in Entirety, October 29, 2007]

Article 95-2 (Matters to Be Stated in Request for Warrant of Detention) In the request for a warrant of detention, the matters of the following subsections shall be stated:
1. Matters prescribed in Subsections 1 to 6 of Article 95;
2. Grounds for detention as provided for in the subsections of Article 70(1) of the Act;
3. Whether the suspect has been arrested, and, in case of arrest, the manner of arrest; and
4. Name and contact information of a person to whom the ground for arrest etc. has been notified as designated by the suspect in accordance with Articles 200-6 and 87 of the Act, if any.
[Article Newly Added, October 29, 2007]

Article 96 (Submission of Materials, etc.) (1) The request for a warrant of arrest shall be accompanied by the materials supporting the grounds for arrest and the need for arrest.
(2) In case of a request for a warrant of detention of a person who has been arrested under a warrant of arrest or as a flagrant offender, the materials as listed in the following subsections shall be submitted in addition to the materials provided for in Article 201(2) of the Act:
1. The warrant of arrest if the suspect has been arrested under a warrant of arrest; and
2. The documents containing a statement that the suspect has been arrested as a flagrant offender and stating the time and place of the arrest.
(3) The persons as provided for in Article 214-2(1) of the Act may submit any favorable materials to the judge who has received a request for a warrant of arrest or detention.
(4) Where there is a defect in matters to be stated in a request for warrant, the judge may request the prosecutor who has made the request for warrant to correct such defect by telephone or other expeditious means. <Section Newly Added, December 31, 1997>
[Article Amended in Entirety, December 3, 1996]

Article 96-2 (Need for Arrest) The judge who has received a request for a warrant of arrest shall, even where the judge deems that there exist a ground for arrest, dismiss such request, when there is clearly no need for arrest, such as when, in light of the age, career, family relations, social relationship of the suspect, seriousness and manner of the alleged crime, and any other relevant circumstances, the suspect is unlikely to flee or to destroy the evidence.
[Article Newly Added, December 3, 1996]
 
Article 96-3 (Change of Place for Confinement and Detention) The prosecutor may request the judge to change locations of confinement and detention by attaching the arrest warrant to such request, subsequent to the issuance of an arrest warrant and prior to the arrest of the suspect.
[Article Newly Added, December 31, 1997]
[Article 96-3 under Previous Regulations Moved to Article 96-5 under Current Regulations, December 31, 1997]

Article 96-4 (Renewal of Arrest Warrant) Where the prosecutor deems that it is necessary to extend the validity period of an arrest warrant, the prosecutor shall make a request for arrest warrant anew by providing the ground therefor.
[Article Amended in Entirety, December 31, 1997]

Article 96-5 (Designation of Judges Exclusively in Charge of Warrants) The chief judge of a district court or a branch court may designate the judge exclusively in charge of the warrants to review the requests for a warrant of detention.
[Article Newly Added, December 3, 1996]
[Moved from Article 96-3 of Previous Regulations, Article 96-5 under Previous Regulations Moved to Article 96-12 under Current Regulations, December 31, 1997]

Article 96-6 <Deleted, October 29, 2007>

Article 96-7 <Deleted, October 29, 2007>
 
Article 96-8 <Deleted, October 29, 2007>

Article 96-9 <Deleted, October 29, 2007>
 
Article 96-10 <Deleted, October 29, 2007>

Article 96-11 (Confinement of Suspect Who Has Made Compulsory Appearance) (1) Where a suspect who has made a compulsory appearance is confined in the court by the execution of a detention warrant for making a compulsory appearance, the junior administrative officer et al. shall take appropriate measures to prevent the suspect's flight.
 (2) Where the suspect under Section (1) is confined to any place other than the court, the judge shall state the place of confinement in the detention warrant for making a compulsory appearance, sign and seal it, and deliver it.
[Article Newly Added, December 31, 1997]
 
Article 96-12 (Determination and Notice of Examination Date) (1) <Deleted, October 29, 2007>
(2) The examination date for a suspect other than the arrested suspect shall be designated as early a date and time as possible from the time on which the suspect has been turned into and confined in the court, taking into account the time required for the notification of the examination date to the persons concerned and for the appearance therein. <Section Newly Added, December 31, 1997>
(3) The notice of examination date shall be made in expeditious manner, in writing, or verbally, by telephone, facsimile, electronic mail, short messaging service on mobile telephone, or other appropriate means. In this case, such notice may be proven by writing such fact into the protocol for examination. <Section Amended, October 29, 2007>
[Article Newly Added, December 3, 1996]
[Moved from Article 96-5 of Previous Regulations, December 31, 1997]

Article 96-13 (Procedures of Examining Suspect) (1) The judge may proceed with the suspect examination procedures without attendance of a suspect, if the suspect refuses to attend the examination or is unable to so attend due to illness or other causes, and it is impossible to take custody of the suspect in the courtroom.
(2) When the suspect refuses to attend the suspect examination on the designated date, the prosecutor shall prepare and submit to the judge a written statement on such refusal to attend by the suspect and the reasons therefor.
(3) In case of the examination in compliance with the provisions of Section (1) above, the opinions of the prosecutor and the defense counsel present at the examination may be sought, and the grounds for detention may be investigated through appropriate methods such as the investigation records.
[Article Amended in Entirety, October 29, 2007]

Article 96-14 (Examination in Camera) The procedures of examination of the suspect shall not be open to the public: Provided, however, that the judge may allow attendance by the interested parties such as relatives of the suspect and the victims, should there exist reasonable grounds.
[Article Newly Added, December 3, 1996]
[Moved from Article 96-7 of Previous Regulations, December 31, 1997]

Article 96-15 (Place of Examination) Examination of the suspect shall take place within the court: Provided, however, that, in case the suspect refuses to attend or is unable to attend due to illness or other causes, the examination of the suspect may take place at the police station, the detention facility, or other appropriate places.
[Article Newly Added, December 3, 1996]
[Moved from Article 96-8 of Previous Regulations, December 31, 1997]

Article 96-16 (Procedures During Examination Date) (1) The judge shall notify the suspect of the alleged crimes stated in the request for the warrant of detention, and shall inform the suspect that the suspect may refuse to make any and all statements or refuse to make statements on individual questions, and that the suspect may make favorable statements.
(2) The judge shall conduct the examination in a prompt and simple manner, on the matters necessary to make rulings on whether to detain the suspect. The judge may conduct the examination on such personal matters as the career, family relationship or social relationship of the suspect, as required for the determination of the possibility of flight or destruction of evidence.
(3) The prosecutor and the defense counsel may state their respective opinions following the examination by the judge, or, if necessary, during the examination with the permission of the judge.
(4) The suspect may seek assistance from the defense counsel even during the examination by the judge.
(5) The judge may examine the victim or other third parties present at the examination place, if it is necessary for the rulings on whether to detain the suspect.
(6) The legal representative, the spouse, the lineal relatives, the siblings or family members, the cohabitants or the employer of the suspect against whom a warrant of detention is sought may state their opinions on the case with the permission of the judge.
(7) The judge may, if necessary for the examination, have the escort police officers and other persons leave the courtroom and proceed with the examination.
[Article Amended in Entirety, October 29, 2007]

Article 96-17 <Deleted, October 29, 2007>

Article 96-18 (Entry of Processing Time) Where the judge to whom a request for detention warrant has been made examines the suspect, the junior administrative officer et al. shall enter the time of receipt and of return, respectively, of a request for detention warrant, investigation related documents and exhibits, in the detention warrant: Provided, however, that, with respect to a suspect other than an arrested suspect, the time of return thereof shall be entered.
[Article Newly Added, December 31, 1997]
 
Article 96-19 (Issuance of Warrant and Notification thereof) (1) A public prosecutor shall make the notification prescribed in Article 204 of the Act, where any cause falling under any of the following subsections occurs:
1. Where the prosecutor does not or fails to arrest or detain the suspect;
2. Where the prosecutor releases the suspect due to termination of the period for request of detention warrant after the arrest of the suspect, or to termination of detention period after the detention of the suspect;
3. Where the prosecutor releases the suspect due to cancellation of arrest or detention;
4. Where the execution of arrest warrant against a National Assemblyperson who has been arrested has been suspended upon the request for release pursuant to Article 44 of the Constitution; or
5. Where the execution of detention is suspended.
(2) The notification of Section (1) shall include the following:
1. Name of the suspect;
2. Applicable cause among subsections of Section (1), and, if it falls under any of Subsection 2 through 5 of Section (1), the date on which such cause occurred; and
3. Date of issuance of the warrant and the warrant number.
(3) Where it falls under Subsection 1 of Section (1), notification shall be accompanied by the original copy of the arrest warrant or detention warrant.
[Article Newly Added, December 31, 1997]

Article 96-20 (Consultation of Defense Counsel, etc.) (1) The defense counsel may interview and consult a suspect against whom a warrant of detention is sought, before the initiation of the suspect examination.
(2) A district court judge may decide the time of interview and consultation of the suspect by the defense counsel by taking into consideration the number of suspects to be examined, the nature of the case, etc.
(3) A district court judge may require the prosecutor or a judicial police officer et al. to take necessary measures for the interview and consultation under Section (1).
[Article Newly Added, August 17, 2006]

Article 96-21 (Perusal of Request for Detention Warrant and Vindicating Materials) (1) The defense counsel who is to participate in an examination of a suspect may peruse the request of the warrant of detention, and the complaint or accusation attached thereto, any documents that contain the statements of the suspect, and the documents submitted by the suspect, as filed with a district court judge.
(2) If there exists a concern that investigation may be hindered due to the possible destruction of evidence or the flee of the suspect or an accomplice, the prosecutor may present an opinion to a district court judge on restricting perusal of the documents set forth in Section (1), in which case the district court judge may restrict perusal of such documents in whole or in part should the judge deem that the prosecutor¡¯s opinion is reasonable.
(3) A district court judge may designate date, time and place for perusal under Section (1).
[Article Newly Added, August 17, 2006]

Article 96-22 (Change of Date of Examination) A judge may change the date of examination if there are any special circumstances that prevent the examination on the designated date.
[Article Newly Added, October 29, 2007]

Article 97 (Request for Extension of Period of Detention) (1) The request for extension of the period of detention shall be filed in writing.
(2) The request of Section (1) above shall contain a statement on the reason to continue the investigation and the period to be extended.
 
Article 98 (Calculation of Extended Period of Detention) In case the extension of the period of detention has been granted, the extended period shall count from the next date of the date on which the period of detention as stipulated in Article 203 of the Act has expired.

Article 99 (Request for Warrant of Re-arrest or Re-detention) (1) The request for a warrant of re-arrest shall contain a description that a warrant of re-arrest is requested for, and the grounds for re-arrest as provided for in Article 200-2(4) of the Act or the causes of re-arrest provided for in Article 214-3 of the Act. <Section Amended, December 3, 1996>
(2) The request for a warrant of re-detention shall contain a description that a warrant of re-detention is requested for, and the causes of re-detention as provided for in Articles 208(1) or 214-3 of the Act. <Section Amended, December 3, 1996>
(3) The provisions of Articles 95, 95-2, 96, 96-2 and 96-4 shall apply mutatis mutandis to the request for a warrant of re-arrest or re-detention and the review thereof. <Section Newly Added, October 29, 2007 and December 3, 1996>

Article 100 (Applicable Provisions) (1) The provisions of Articles 46, 49(1) and 51 shall apply mutatis mutandis to the arrest or detention of the suspect by a public prosecutor or a judicial police officer: Provided, however, that the warrant of arrest shall contain a description on the causes of arrest provided for in Article 200-2(1) of the Act. <Section Amended, December 3, 1996>
(2) In case of dismissal of the request for a warrant of detention for the suspect who has been arrested by the warrant of arrest or arrested as a flagrant offender, the provision of Article 200-4(2) of the Act shall apply mutatis mutandis. <Section Newly Added, December 3, 1996>
 
Article 101 (Request for Delivery of The Official Duplicate of Warrant of Arrest or Detention By A Person Entitled to Petition for Review of Legality of Arrest or Detention) The suspect against who a warrant of detention is sought or who is arrested or detained, the defense counsel of such suspect, the legal representative, the spouse, the lineal relative, the sibling, the cohabitant or the employer may request the delivery of the official duplicate of an affidavit of emergency arrest, an affidavit of arrest of flagrant offender, a warrant of arrest or detention or the application therefor, to such prosecutor, judicial police officer or Junior Administrative Officer et al. who holds such documents. <Article Amended, October 29, 2007, December 31, 1997, December 3, 1996 and June 7, 1989>
 
Article 102 (Matters to Be Stated in Request for Review on Legality of Arrest or Detention) The request for review on the legality of arrest or detention shall contain a description on each of the following subsections:
1. Name, resident registration number etc. and residence of the suspect under arrest or detention;
2. Date of arrest or detention;
3. Statement that the review on legality of arrest or detention is sought and the description of the grounds therefor; and
4. Name of the petitioner and the petitioner¡¯s relationship to the suspect under arrest or detention.
[Article Amended October 29, 2007 and December 3, 1996]

Article 103 <Deleted, October 29, 2007>
 
Article 104 (Notification of Date of Examination and Submission of Documents Related to Investigation) (1) The court receiving a petition to review the legality of arrest or detention shall, without delay, give notice to the petitioner, the defense counsel, the prosecutor, and the head of the public authority where the suspect is being detained (police office, prison or detention facility etc.), of the date and the place of the examination. <Section Amended, October 29, 2007>
(2) The prosecutor or judicial police officer who is conducting the investigation on the relevant matter shall submit the documents related to investigation and evidence to the court by the examination date as referred to in Section (1), and the head of the authority where the suspect is being detained shall have the suspect present on the examination date. The Junior Administrative Officer et al. shall state the time of reception and return, respectively, of the investigation records and evidence, in the front cover of the court record for the case of petition for review of legality of arrest. <Section Amended, December 3, 1996>
(3) The provision of Article 54-2 (3) shall apply mutatis mutandis to the notification under the provision of Section (1). <Section Amended, October 29, 2007 and December 3, 1996>
 
Article 104-2 (Applicable Provisions) The provisions of Article 96-21 shall apply mutatis mutandis to the defense counsel of the suspect who petitioned for review of the legality of arrest or detention.
[Article Newly Added, August 17, 2006]

Article 105 (Procedure on Date of Examination) (1) The prosecutor, the defense counsel and the petitioner present in the examination in accordance with Article 214-2(9) of the Act may state their opinions following the court¡¯s examination. However, where necessary, they may state their opinions during the court¡¯s examination, with the permission of the judge.
(2) The suspect may seek assistance from the defense counsel during the examination by the judge.
(3) The suspect under arrest or detention, the defense counsel and the petitioner may submit materials favorable to the suspect.
(4) The court may order the examination of the suspect to a member of the three-judge panel.
[Article Amended in Entirety, October 29, 2007]

Article 106 (Time Limit for Ruling) The rulings on the request for review of the legality of arrest or detention shall be made within twenty-four(24) hours from the examination of the suspect under arrest or detention. <Article Amended, December 3, 1996>
 
Article 107 (Matters to Be Stated in Request for Warrant of Search, Seizure or Inspection) (1) The request for a warrant of search, seizure or inspection shall contain the description on each of the following subsections:
1. Matters prescribed in Subsections 1 to 5 of Article 95;
2. Articles to be seized and the place, person or articles to be searched or inspected;
3. Grounds for search, seizure or inspection;
4. In case of need for search, seizure or inspection before sunrise or after sunset, a statements to that effect and the reasons therefor;
5. Date and place of search, seizure or inspection without warrant, if warrant is requested pursuant to Article 216(3) of the Act; and
6. Date and place of arrest and the date and place of search, seizure or inspection without warrant, if warrant is requested pursuant to Article 217(2) of the Act.
(2) The request for a warrant of inspection which includes physical examination shall contain a description on the reason therefor and the sex and the state of health of the person to be subjected to physical examination, as well as the matters set forth in Section (1).

Article 108 (Submission of Materials) (1) When filing a request pursuant to the provisions of Article 215 of the Act, the materials which indicate that the suspect is being suspected of having committed the alleged crime and that search, seizure or inspection is necessary shall be submitted.
 (2) When filing a request for a warrant to search the body, articles or dwelling or any other place of a person other than the suspect, the materials which indicate that there exist the articles to be seized shall be submitted.
 
Article 109 (Applicable Provisions) The provisions of Articles 58 and 62 shall apply mutatis mutandis to the search and seizure conducted by a public prosecutor or a judicial police officer, and the provisions of Articles 64 and 65 shall apply mutatis mutandis to the inspection conducted by a public prosecutor or a judicial police officer.
 
Article 110 (Participation in Search, Seizure and Inspection) The persons prescribed in Article 243 of the Act shall participate in search, seizure and inspection conducted by a public prosecutor or a judicial police officer.

Article 111 (Matters to Be Stated in Request for Examination of Witness Prior to Date Fixed for Initial Public Trial) The request for examination of a witness pursuant to the provision of Article 221-2 of the Act shall contain a description on the matters of the following subsections:
1. Name, occupation and domicile of the witness;
2. Name of the suspect or the defendant;
3. Alleged crime and the summary of criminal facts;
4. Facts to be proven;
5. Matters on which the witness shall be examined;
6. Facts which constitute the prerequisites to the request for examination of the witness; and
7. Name of the defense counsel of the suspect or the defendant, if any.
[Article Amended in Entirety, October 29, 2007]

Article 112 (Notification of Examination of Witness etc.) Where the judge examines the witness under the provisions of Article 221-2 of the Act, the defendant or suspect or the defense counsel shall be notified to the effect that they may participate in the examination, as well as of the date and place of the examination. <Article Amended, October 29, 2007>
[Article Amended in Entirety, December 3, 1996]

Article 113 (Matters to Be Stated in Request for Warrant of Confinement for Expert Testimony) The request for a warrant of confinement for expert testimony pursuant to the provisions of Article 221-3 of the Act shall contain a description on the matters of the following subsections:
1. Matters provided for in Subsections 1 to 5 of Article 95;
2. Place and period of confinement;
3. Purpose and reason of expert testimony; and
4. Name and occupation of the expert witness.
[Article Amended in Entirety, December 3, 1996]
 
Article 114 (Matters to Be Stated in Request for Permission of Necessary Measures for Expert Testimony) The request for permission of measures pursuant to the provisions of Article 221-4 of the Act shall contain a description on each of the following subsections:
1. Matters as provided for in Article 173(2) of the Act, with the exception that, in case of uncertainty with regard to the name of the suspect, the facial description, physical features and other characteristics which could identify the suspect shall be stated;
2. Matters as provided for in Subsections 2 to 5 of Article 95; and
3. Reasons for the necessary measures for the expert testimony.
[Article Amended in Entirety, December 3, 1996]
 
Article 115 (Applicable Provisions) Articles 85, 86 and 88 shall apply mutatis mutandis to the measures of confinement stipulated in Article 221-3 of the Act, and Article 89 shall apply mutatis mutandis to the warrant of permission stipulated in Article 221-4 of the Act.
 
Article 116 (Submission of Materials regarding Family Relationship of Complainant) (1) In the case of complaint pursuant to Articles 225 through 227 of the Act, the documents proving the family relationship between the complainant and the victim shall be submitted; and, in the case of complaint pursuant to Article 229 of the Act, the documents proving that the marriage is desolved or an action for divorce has been instituted shall be submitted.
(2) In the case of complaint by a complainant who has been designated by the prosecutor pursuant to Article 228 of the Act, the documents proving the fact of such designation shall be submitted.
 
CHAPTER II PUBLIC PROSECUTION
Article 117 (Matters to Be Stated in Complaint filed by the Public Prosecutor)   (1) The complaint filed by the public prosecutor shall contain a description on each of the following subsections, in addition to the matters prescribed in Article 254(3) of the Act:
1. Resident registration number etc., occupation, domicile and original domicile of the defendant. If the defendant is a corporation, the office and the name and address of the representative; and
2. Whether or not the defendant is detained.
<Section Amended, October 29, 2007 and December 3, 1996>
(2) When the matters prescribed in Subsection 1 of Section (1) are not clear, a statement to such effect shall be included.

Article 118 (Documents to Be Attached to Complaint) (1) To the complaint filed by the public prosecutor, the following documents shall be attached, respectively: the letter of appointment of a defense counsel or the report of an assistant, in case a defense counsel has been appointed or an assistant has been reported prior to the institution of public prosecution; an official duplicate of a ruling of appointment of a special proxy, in case a special proxy has been appointed prior to the institution of public prosecution; and the warrant of arrest, the warrant of emergency arrest, the warrant of detention or any other documents relating to detention, in case the defendant is under detention or the defendant is released subsequent to arrest or detention at the time the public prosecution has been instituted. <Section Amended, December 3, 1996>
(2) Documents or any other articles, except for the documents provided for in Section (1) above, that may cause the court to create presupposition on the case shall not be attached to nor shall their contents be quoted in a complaint filed by the public prosecutor.
 
Article 119 <Deleted, October 29, 2007>
 
Article 120 (Notification to Person Who Motioned for Judicial Quasi-Prosecution) In the event that the court received a motion for judicial quasi-prosecution, it shall give notice of the reason thereof to the person who motioned for judicial quasi-prosecution as well as the suspect, within ten(10) days from the reception thereof.
[Article Amended in Entirety, October 29, 2007]

Article 121 (Method of Cancellation of Request for Judicial Quasi-Prosecution Procedure and Notification thereof) (1) The cancellation as stipulated in Article 264(2) of the Act shall be submitted in writing to the high court with competent jurisdiction: Provided, however, that, prior to the transmission of the record of the case to such high court with competent jurisdiction, the cancellation shall be submitted to the chief prosecutor of the district prosecutors¡¯ office or its branch office which holds the record.
(2) The Junior Administrative Officer et al. of the high court which receives the written cancellation as mentioned in Section (1) shall immediately give notice of the reason thereof to the suspect and the chief prosecutor of high prosecutors¡¯ office. <Section Amended, October 29, 2007>

Article 122 (Decision on Motion for Judicial Quasi-Prosecution and Statement of Ground) If a public prosecution is decided to be instituted pursuant to Subsection 2 of Article 262(2) of the Act, such decision shall expressly state therein the grounds therefor so that the alleged crime and the facts constituting the crime can be specified.
[Article Amended in Entirety, October 29, 2007]

Article 122-2 (Scope of Reimbursement to State) The expenses as set forth in Section (1) of Article 262-3 of the Act shall be limited to:
1. Daily allowances, travel expenses, lodging expenses or fees for expert witness testimony, interpretation or translation paid to the witness, expert witness, interpreter or translator;
2. Travel expenses for the on-site inspection etc. of the judge, junior court administrator et al.; and
3. Such other expenses as are necessary to proceed the procedure spent by the court to hear the motion for judicial quasi-prosecution, including, but not limited to, service fees.
[Article Newly Added, October 29, 2007]

Article 122-3 (Procedure of Reimbursement to State) (1) To the execution of trial pursuant to Section (1) of Article 262-3 of the Act, Article 477 of the Act shall apply mutatis mutandis.
(2) In the event that the trial which orders payment of the expenses under Section (1) does not state the amount to be paid, the prosecutor who directs the execution thereof shall determine such amount.
[Article Newly Added, October 29, 2007]
 
Article 122-4 (Scope of Reimbursement to Suspect) (1) The fees as set forth in Section (2) of Article 262-3 of the Act shall be limited to:
1. Daily allowances, travel expenses and lodging expenses for the suspect or the defense counsel to attend the trial;
2. Attorney fee which the suspect has paid or will pay to the defense counsel; and
3. Such other expenses incurred by the suspect as are deemed necessary by the court for the suspect¡¯s defense in the procedure initiated by the motion for judicial quasi-prosecution.
(2) In calculating the expenses under Subsection 2 of Section (1), if more than one defense counsels are appointed to whom the suspect has paid or will pay the attorney fee, the highest fee shall be the upper limit thereto.
(3) The attorney fee under Subsection 2 of Section (1) shall be determined at a reasonable amount by taking into account the nature and complexity of the case, the duration of examination, and the degree of efforts made by the defense counsel for the defense.
[Article Newly Added, October 29, 2007]

Article 122-5 (Procedure of Reimbursement to Suspect) (1) When the suspect files a motion pursuant to Section (2) of Article 262-3 of the Act, such moving suspect shall submit a written statement containing the matters in each of the following subsections to the court having jurisdiction over the motion for judicial quasi-prosecution procedure:
1. Case number of the motion for judicial quasi-prosecution;
2. The suspect and the person who motioned for judicial quasi-prosecution;
3. The amount of money which the suspect has actually paid or has to pay in the motion for judicial quasi-prosecution procedure, and its usage; and
4. The amount which is sought to be paid by the person who motioned for judicial quasi-prosecution, and the reason thereof.
(2) In filing the statement as set forth in Section (1), the suspect shall submit an itemized statement of expenses and other documents necessary to prove such expenses, together with the certified copies thereof of which the number corresponds to the number of the complainants.
(3) The court shall serve the certified copy of the documents under Sections (1) and (2) to the person who motioned for judicial quasi-prosecution, who may in turn file with the court a written opinion concerning the suspect¡¯s statement within ten(10) days from the service of such statement.
(4) If necessary, the court may require the suspect or the defense counsel to submit the materials necessary to deliberate the amount of the expenses, and may examine the person who motioned for judicial quasi-prosecution, the suspect or the defense counsel.
(5) In the payment order, the suspect, the person who motioned for judicial quasi-prosecution and the amount to be paid shall be indicated. The reason for the payment order shall not be stated therein unless it is deemed particularly necessary.
(6) The payment order shall be served on the suspect and the person who motioned for judicial quasi-prosecution, the period of the immediate appeal thereto in accordance with Section (3) of Article 262-3 shall be calculated from the date on which the suspect or the person who motioned for judicial quasi-prosecution is served with the payment order.
(7) The authentic copy of the final payment order shall have the same effect with an authentic copy of decision with an executive force in the civil procedure with regard to compulsory execution pursuant to the Civil Execution Act.
[Article Newly Added, October 29, 2007]

CHAPTER III TRIAL
SECTION 1 Preparation and Procedure of Trial
Article 123 (Time of Service of Summons for Initial Trial Date) The summons for the initial trial date shall not be served on the defendant prior to the service of a certified copy of the complaint filed by the public prosecutor as stipulated in Article 266 of the Act.
 
Article 123-2 (Request of Perusal or Photocopying of Documents, etc. Kept by Prosecutor After Institution of Public Prosecution) The request under Article 266-3(1) of the Act shall be made in writing which contains:
1. Case number, case name, and the defendant;
2. Relationship between the person who requests and the defendant; and
3. The object of perusal or photocopying.
[Article Newly Added, October 29, 2007]

Article 123-3 (Perusal and Duplication of Audio-Visual Records) Perusal and duplication under Article 266-3 of the Act of the audio-visual records produced pursuant to Articles 221 and 244-2 of the Act shall be conducted upon the official duplicate of such records produced simultaneously with the original records.
[Article Newly Added, October 29, 2007]

Article 123-4 (Request for Perusal or Photocopying of Documents etc. to Court) (1) The request under Article 266-4(1) of the Act shall be made in writing which contains the following:
1. Table of contents of the documents requested to be perused or photocopied; and
2. Reasons for perusal or photocopying.
(2) The request under Section (1) shall be accompanied by the following documents as the attachment thereto:
1. A copy of the request under Article 123-2;
2. Notice of refusal or restriction of perusal or photocopying from the prosecutor. In the event the prosecutor did not notify such refusal or restriction in writing, a document stating the reason thereof; and
3. A certified copy of the request.
(3) Upon filing of the request under Section (1), the court shall immediately transmit a certified copy of the request to the prosecutor.  The prosecutor may submit an opinion thereon.
(4) The provisions of Section (1) and of Subsections 1 and 3 of Section (2) shall apply mutatis mutandis to the request by the prosecutor pursuant to Article 266-11(3) of the Act.  Upon filing of the request by the prosecutor, the court shall immediately transmit a certified copy of the request to the defendant or the defense counsel.  The defendant or the defense counsel may submit an opinion thereon.
[Article Newly Added, October 29, 2007]

Article 123-5 (Perusal or Photocopying of Documents etc. on Preparatory Proceeding Date or Date of Public Trial) (1) The prosecutor, the defendant or the defense counsel may verbally request the other party with the permission of the court for perusal or photocopying of the documents etc. as set forth in Articles 266-3 and 266-11 of the Act, on the preparatory proceeding date or on the date of public trial.
(2) In the event the other party refuses or restricts the scope of perusal or photocopying of documents etc. on the preparatory proceeding date or on the date of public trial, the court may render a ruling under Article 266-4(2) of the Act.
(3) The request and the ruling thereon under Sections (1) and (2) shall be stated in the protocol produced on the preparatory proceeding date or on the date of public trial.
[Article Newly Added, October 29, 2007]

Article 123-6 (Special Measures regarding Notification of Trial etc.) The court may request opinions on or give notice of preparation of trials to the prosecutor or the defendant or the defense counsel by telephone, facsimile, electronic mail, short message service on mobile telephone, or such other means appropriate for the purpose as well as in written form.
[Article Newly Added, October 29, 2007]

Article 123-7 (Organization of Issues) (1) In the event the case is set for the preparatory proceedings, the prosecutor shall disclose the facts to be proven and shall motion for any evidence the prosecutor intends to use to prove such facts.
(2) The defendant or the defense counsel shall disclose the position upon the facts to be proven as disclosed byhe prosecutor and the evidence motioned by the prosecutor. The defendant or the defense counsel shall also disclose the position and make factual and legal claims on the alleged facts as prosecuted, and motion for any evidence pertaining thereto.
(3) If necessary, the prosecutor or the defendant or the defense counsel may submit an opinion upon the allegations, arguments or motion for evidence made by the other party, and may motion for evidence pertaining thereto.
[Article Newly Added, October 29, 2007]

Article 123-8 (Establishment of Plans for Hearing) (1) When the case is set for the preparatory proceedings, the court shall establish a plan for hearings necessary to conduct concentrative examination.
(2) The prosecutor or the defendant or the defense counsel shall simultaneously motion for all necessary evidence in the preparatory proceedings if there are no special circumstances.
(3) The court may order the person who motioned for a witness to prepare for the matters necessary to examine the witness including the location, contact information, possibility of attendance and possible date and time of attendance of the witness.
[Article Newly Added, October 29, 2007]

Article 123-9 (Preparatory Measures and Proceedings Outside Preparatory Proceeding Date) (1) The presiding judge may order the prosecutor or the defendant or the defense counsel to prepare matters necessary for the preparatory proceedings within certain period of time prior to the preparatory proceeding date and may make such other orders as necessary for the preparatory proceedings.
(2) The presiding judge may order submission of the documents as set forth in Article 266-6(2) within certain period of time.
(3) The documents under Section (2) shall only contain concrete and brief statements of any necessary matters, and shall not contain any matters which might cause prediction or prejudice of the court on the basis of such materials that may not be admitted as evidence or that are not intended to be introduced as evidence.
(4) If the defendant is filing the documents set forth in Section (2), the defendant shall submit one(1) copy of the official duplicate, in addition to the original copy; and if the prosecutor is filing the documents set forth in Section (2), the prosecutor shall submit one(1) more copy of the official duplicates than the number of the defendant, in addition to the original copy. However, in the event the multiple defendants retain the same defense counsel, the prosecutor may submit one(1) more copy of the official duplicates than the number of the defense counsel.
[Article Newly Added, October 29, 2007]

Article 123-10 (Change of Date of Preparatory Proceeding) In the event that the date of preparatory proceeding needs to change due to inevitable reason, the prosecutor or the defendant or the defense counsel may motion to change the date of preparatory proceedings by specifically stating the reason thereof and the period during which the reason continues.
[Article Newly Added, October 29, 2007]

Article 123-11 (Appointment of State Appointed Defense Counsel for Case Set for Preparatory Proceeding on Scheduled Date) (1) If the defendant does not retain a defense counsel in a case for which the preparatory proceeding is scheduled on a designated date pursuant to Article 266-7 of the Act, the court shall appoint a state appointed defense counsel therefor without delay, and shall give notice thereof to the defendant and the defense counsel.
(2) Section (1) shall apply mutatis mutandis in a case where there is no defense counsel subsequent to the designation of a preparatory proceeding date.
[Article Newly Added, October 29, 2007]

Article 123-12 (Protocol of Preparatory Proceeding) (1) When the court conducts a preparatory proceeding, the Junior Administrative Officer et al. participating the hearing shall produce a protocol thereof.
(2) The protocol under Section (1) shall contain the gist of the statements of the defendant, the witness, the expert witness and the interpreter or the translator, the result of organizing issues and evidence, and other necessary matters.
(3) In the protocol under Sections (1) and (2), the presiding judge or the judge and the Junior Administrative Officer et al. participating in the proceeding shall either type-print the name and seal or sign.
[Article Newly Added, October 29, 2007]

Article 124 (Distinctive Designation of Trial Time for Each Case) The presiding judge shall designate the trial time for each case as distinctively as possible.
 
Article 124-2 (Setting Several Trial Dates at A Single Time Upon Hearing Opinions of The Parties) If the presiding judge sets several trial dates at a single time in accordance with Article 267-2(3) of the Act, the presiding judge shall hear the opinions of the prosecutor and the defendant or the defense counsel thereon.
[Article Newly Added, October 29, 2007]

Article 125 (Request for Change of Date of Trial) The request for change of trial date as stipulated in Article 270(1) of the Act shall specifically state the reasons for the necessity thereof and the period for which the reasons are expected to continue, and shall contain verification thereof by medical diagnosis or other supporting materials.
 
Article 125-2 (Method of Pleading and Argument at Trial) Pleading and argument in the trial court shall be specific and clear.
[Article Newly Added, October 29, 2007]

Article 126 (Representative Authority of Proxy of Defendant) When the defendant has a proxy appear on the date of trial pursuant to the proviso of Article 276 of the Act or to Article 277 of the Act, the defendant shall submit to the court a document proving the fact that the defendant has conferred representative authority to that proxy.  <Article Amended, October 29, 2007>
 
Article 126-2 (Presence of Persons With Trustful Relationship) (1) A person who has a trustful relationship with the defendant to sit in company with the defendant pursuant to Article 276-2(1) of the Act shall mean the spouse, the lineal relative, the siblings, the family members, the cohabitants, the employer or such other person who may bring psychological steadiness to and facilitate communication of the defendant.
(2) In a motion for sitting in company with the defendant pursuant to Article 276-2(1) of the Act, the relationship between the person who is to sit in company and the defendant, the reason for sitting in company etc. shall be specifically stated.
(3) The person in trustful relationship to the defendant who sits in company with the defendant shall not interfere with the progress of the trial, and the presiding judge may discontinue the person¡¯s sitting in company with the defendant if such a person unreasonably interferes with the progress of the trial.
[Article Newly Added, October 29, 2007]
[Article 126-2 under Previous Regulations moved to Article 126-4 under Current Regulations, October 29, 2007]

Article 126-3 (Permission of Non-Appearance and Cancellation of Permission) (1) The motion for non-appearance under Subsection 3 of Article 277 of the Act may be made orally on the date of public trial while being present, or in writing on a date other than the date of public trial.
(2) Upon filing of a motion for non-appearance, the court shall decide whether or not to permit non-appearance of the defendant.
(3) The court may cancel the permission of non-appearance if it deems that the defendant¡¯s appearance is necessary for the protection of the defendant¡¯s rights, etc.
[Article Newly Added, October 29, 2007]
[Article 126-3 under Previous Regulations moved to Article 126-5 under Current Regulations, October 29, 2007]

Article 126-4 (Notice of Refusal to Attend) In case of the existence of the causes stated in Article 277-2 of the Act, the warden of prison shall without delay notify the court thereof.
[Article Newly Added, December 3, 1996]
[Moved from Article 126-2 under Previous Regulations; Article 126-4 under Previous Regulations moved to Article 126-6 under Current Regulations, October 29, 2007]
 
Article 126-5 (Examination upon Refusal to Attend) (1) If the court intends to proceed with the trial procedures without the attendance of the defendant in accordance with Article 277-2 of the Act, the court shall examine in advance the existence of such causes. <Section Amended, October 29, 2007>
(2) If necessary in the course of examination under Section (1), the court may order the officials of the prison or other related persons to attend and make statements or to submit a report thereon. <Section Amended, October 29, 2007>
(3) The court may have a member of the three-judge panel carry out the examination of Section (1).
[Article Newly Added, December 3, 1996]
[Moved from Article 126-3 of Previous Regulations, October 29, 2007]

Article 126-6 (Notification of Proceeding of Trial Without Attendance of Defendant or Public Prosecutor) If the trial proceeds without the attendance of the defendant in accordance with the provision of Article 277-2 of the Act, or if the trial proceeds without the attendance of the prosecutor in accordance with the provision of Article 278 of the Act due to the prosecutor¡¯s failure to appear more than twice, the presiding judge shall notify thereof to the persons concerned in the courtroom.
[Article Newly Added, December 3, 1996]
[Moved from Article 126-4 of previous Regulations, October 29, 2007]

Article 126-7 (Appointment of Professional Examiners) The court shall appoint a professional examiner among the candidates of professional examiners listed as such pursuant to the Regulations on Professional Examiners.
[Article Newly Added, December 31, 2007]

Article 126-8 (Requirement of Explanation for Professional Examiners on Date Other Than Designated Court Date, and Notification thereof) If the matters about which the presiding judge has required explanations or opinions from professional examiners on a date other than a preparatory proceeding or a trial date are material to clarify the case, the Junior Administrative Officer et al. shall give notice thereof to the prosecutor and the defendant or the defense counsel.
[Article Newly Added, December 31, 2007]

Article 126-9 (Delivery of Copy) If the professional examiners submit a statement that contains their explanations or opinions, the Junior Administrative Officer et al. shall deliver a copy thereof to the prosecutor and the defendant or the defense counsel a copy.
[Article Newly Added, December 31, 2007]
 
Article 126-10 (Direction of Preparation to Professional Examiners) (1) If the presiding judge deems it necessary to involve professional examiners into the trial, the presiding judge may direct professional examiners to prepare for the trial appropriately by, for example, examining the issues.
(2) When the presiding judge directs preparation in accordance with Section (1), the Junior Administrative Officer et al. shall give notice thereof to the prosecutor and the defendant or the defense counsel.
[Article Newly Added, December 31, 2007]

Article 126-11 (Measures Available to Presiding Judge on Date of Witness Examination) If the presiding judge deems it necessary to prevent any statement of professional examiners from affecting the testimony of the witness, the presiding judge may, on the court¡¯s own motion or at the request of the prosecutor, the defendant or the defense counsel, order the witness to leave the courtroom or take other appropriate measures.
[Article Newly Added, December 31, 2007]

Article 126-12 (Entry in Protocol) (1) If a professional examiner participates in the preparatory proceeding or in the public trial, the name of such professional examiner shall be written in the protocol.
(2) If a professional examiner poses question on the person concerned with the case with the permission of the presiding judge, the mandated judge or the commissioned judge, the purport of such question shall be written in the protocol.
[Article Newly Added, December 31, 2007]

Article 126-13 (Method of Request for Cancelling Decision of Professional Examiners¡¯ Participation, etc.) (1) The request for cancelling the decision pursuant to Article 279-2(1) of the Act shall be made in writing, unless made during the trial.
(2) In making the request under Section (1), the reason therefor shall be specifically stated, except when the request is made by the prosecutor and the defendant or the defense counsel at the same time.
[Article Newly Added, December 31, 2007]

Article 126-14 (Power of Mandated Judge et al.) Where a mandated judge or a commissioned judge presides the trial, the responsibilities of the presiding judge prescribed in Articles 126-10 to 126-12 shall be conducted by the mandated judge  or the commissioned judge.
[Article Newly Added, December 31, 2007]

Article 127 (Notification to Defendant of Right to Remain Silent, etc.) Before making identification questions pursuant to Article 284 of the Act, the presiding judge shall notify the defendant that the defendant may refuse to make any and all statements or refuse to make statements on individual questions or may state favorable facts.
[Article Amended in Entirety, October 29, 2007]
 
Article 127-2 (Opening Statement of Defendant) (1) Subsequent to the prosecutor¡¯s opening statement in accordance with Article 285 of the Act, the presiding judge shall ask the defendant whether or not the defendant admits the facts constituting the crime that are alleged against the defendant.
(2) The defendant and the defense counsel may make statements on the prosecution and may state favorable facts.
[Article Newly Added, October 29, 2007]

Article 128 <Deleted, October 29, 2007>
 
Article 129 <Deleted, October 29, 2007> 

Article 130 <Deleted, October 29, 2007>

Article 131 (Measure to Be Taken Prior to Ruling on Summary Trial Procedure) When the court intends to make a ruling as stipulated in Article 286-2 of the Act, the presiding judge shall, in advance, explain to the defendant the meaning of summary trial procedure.

Article 132 (Motion for Evidence to Be Admitted) The prosecutor and the defendant the defense counsel shall motion for all evidence that is intended to be introduced simultaneously if there are no special circumstances.
[Article Newly Added, October 29, 2007]
[Article 132 under Previous Regulations Moved to Article 132-2 under Current Regulations, October 29, 2007]

Article 132-2 (Method of Motion for Evidence to be Admitted) (1) The prosecutor, the defendant and the defense counsel shall specifically and expressly state the relation between the evidence and the facts they intend to prove thereby, in their motion for admission of evidence.
(2) The motion for examination of the evidence corroborating confession of the defendant or of the circumstantial evidence shall be made by particularly stating clearly such evidence as the corroborating evidence or the circumstantial evidence.
(3) In a motion for examination of parts of documents or articles as evidence, the parts to be proffered as evidence shall clearly be specified.
(4) When the court deems it necessary, it may order the party moving for examination of evidence to submit a written statement of the name and address of a witness, an expert witness, an interpreter or a translator, of the list of documents or articles to be examined, and of the matters provided for in Sections (1) to (3) above.
(5) The court may deny the motion for examination of evidence that is in violation of the provisions of Sections (1) through (4) above.
[Article Amended in Entirety, June 7, 1989]
[Moved from Article 132 under Previous Regulations; Article 132-2 under Previous Regulations Moved to Article 132-3 under Current Regulations, October 29, 2007]

Article 132-3 (Method of Motion for Examination of Evidence for Part of Investigation Record) (1) When the documents or articles, which could be admitted as evidence under the provisions of Articles 311 through 315 or 318 of the Act, are parts of the investigation record, the prosecutor shall file a motion for examination thereof as evidence by way of specifying such parts and individually submitting them to the court. This provision shall also apply to the submission of the documents or articles which are parts of the investigation record as corroborating evidence for confession or as circumstantial evidence, and to the submission of documents or articles as evidence prior to the trial date pursuant to the provision of Article 274 of the Act. <Section Amended, October 29, 2007>
(2) The court may deny the motion for examination of evidence that is in violation the provisions of Section (1) above.
[Article Newly Added, June 7, 1989]
[Moved from Article 132-2 under Previous Regulations; Article 132-3 under Previous Regulations Moved to Article 132-4 under Current Regulations, October 29, 2007]

Article 132-4 (Request for Delivery of Preserved Documents) (1) The request for delivery of preserved documents under the provisions of Article 272 of the Act may also be made only for the parts of documents stored by the court, the prosecutors¡¯ office, other public offices, or public or private associations (hereinafter referred to as the "Court, etc."). <Section Amended, October 29, 2007>
(2) When the court which has received the request of Section (1) grants such request, the court may demand the Court, etc., which preserve the documents, to deliver a certified official duplicate of the parts specified by the requester or the defense counsel among the documents in their preservation.
(3) The Court, etc. which have been demanded under the provision of Section (2) shall allow the requester or the defense counsel to review the documents concerned for designation of the necessary parts, and shall not refuse to cooperate therefor without reasonable causes, except in the cases where such documents are not in their preservation or where they cannot respond amenably to the request for delivery due to other justifiable causes.
(4) If the Court, etc. which have been demanded for the delivery of documents do not have the documents concerned in their preservation or cannot respond amenably to the demand for delivery due to other justifiable causes, they shall notify such causes for non-delivery to the court which has made the demand.
[Article Newly Added, December 3, 1996]
[Moved from Article 132-3 under Previous Regulations, October 29, 2007]

Article 133 (Order of Motion for Examination of Evidence) A request for examination of evidence shall be filed by the prosecutor first, and then by the defendant or the defense counsel.
 
Article 134 (Procedure of Ruling on Evidence) (1) When the court deems it necessary in rendering a ruling on evidence, it may hear the opinion of the prosecutor, the defendant or the defense counsel concerning the evidence.
(2) When the court renders a ruling on documents or articles which have been submitted to be admitted as evidence, it shall have the submitter present such documents or articles to the opposing party and make the opposing party state an opinion on the admissibility thereof as evidence: Provided, however, that exceptions shall be made when there exists an irreversible presumption that the consent is given pursuant to Article 318-3 of the Act.
(3) In the event that the defendant or the defense counsel rebuts that the statement in the protocol of suspect examination prepared by the prosecutor for the defendant is different from the statement that the defendant actually made, the defendant or the defense counsel shall specify the part which is the same as the statement that the defendant actually made and the part which is different from the statement that the defendant actually made. <Section Newly Added, October 29, 2007>
(4) When the court denies a motion for evidence either on procedural or substantive ground or delays ruling on a motion for evidence, it shall not be submitted with such documentary evidence or evidential materials from the person who motioned for the admission of the evidence. <Section Newly Added, October 29, 2007>
 
Article 134-2 (Request for Examination of Audio-Visual Records) (1) If the defendant does not admit that the statement in the protocol previously prepared by the prosecutor for the examination of the suspect who later became the defendant are the same as the statement that the defendant actually made as the suspect, the prosecutor may request the court to investigate such audio-visual records of the suspect¡¯s statement in order to prove the authenticity of its formation concerning such part.
(2) In making the request under Section (1), the prosecutor shall submit a written statement containing the following:
1. The time from and to which the audio-visual recording was made and the place of examination; and
2. The time which may specify the part of the audio-visual records on which the defendant or the defense counsel denies the identification of the actual statement and the record in the protocol.
(3) The audio-visual records under Section (1) shall mean such records that recorded the entire process of the suspect examination from the initiation of the examination to the point when the suspect either type-printed name and sealed or signed on the protocol thereof upon finishing the examination, and shall contain each of the following:
1. The notification of the fact that the examination of the suspect was being audio-visually recorded;
2. The notification of the time from and to which the audio-visual recording was made and the place of examination;
3. The notification of the names and ranks of the prosecutor who conducted the examination and other individuals who participated in the examination;
4. The notification of the right to remain silent, the right to request participation of a defense counsel, etc.;
5. The reason for discontinuation and the time of discontinuation and resumption, if the examination was discontinued and resumed; and
6. The time at which the examination ended.
(4) The audio-visual records under Section (1) shall mean such records produced in a manner that the entire interrogation room is viewed and identified and the face of the person making the statements is identifiable.
(5) The play screen of the audio-visual records under Section (1) shall indicate the date and time of the recording in real time.
(6) Section (1) and Sections (3) to (5) above shall apply mutatis mutandis to the request by the prosecutor for the examination of the audio-visual records on the statement of a suspect who is not a defendant.
[Article Newly Added, October 29, 2007]
 
Article 134-3 (Third Party Statement and Audio-Visual Records Thereof) (1) If, on the date of preparatory proceeding or trial, a person who was not a suspect does not admit that the statement in the protocol is not the same as the statement actually made by such a person, the prosecutor may request the court to investigate the audio-visual records of the that person¡¯s statement to prove the authenticity of the formation concerning that part.
(2) In requesting the examination of audio-visual records pursuant to Section (1), the prosecutor shall attach to the request a statement indicating that the person who was not a suspect consented to the audio-visual recording with either the type-printed name and seal or the signature of that person.
(3) Subsections 1 to 3, 5, and 6 of Article 134-2(3) and Sections (4) and (5) of Article 134-2 shall apply mutatis mutandis to the request by the prosecutor for the examination of audio-visual records of a person who was not a suspect.
[Article Newly Added, October 29, 2007]
 
Article 134-4 (Examination of Audio-Visual Records) (1) Upon request by the prosecutor for the examination of audio-visual records, the court shall, in rendering a rule thereupon, have the defendant or the defense counsel state an opinion as to whether such audio-visual records were produced and sealed in compliance with the due process and proper method.
(2) In the event that the audio-visual records under Section (1) concern the statement of a person who is not the defendant, such a person who made the original statement, who is not the defendant, shall also state an opinion prescribed under Section (1).
(3) The court shall examine the audio-visual records by removing the seal thereof and by playing the whole or the part thereof on the date of preparatory proceedings or the trial. However, such examination may be conducted in a different place, other than the courtroom, with electronic equipments necessary for play and examination of the audio-visual records.
(4) The presiding judge shall have the Junior Administrative Officer et al. seal the original copy without delay after the examination, have the person who made the original statement in addition to the defendant or the defense counsel eithr type-print name and seal or sign, and then return it to the prosecutor. However, the type-printed name and seal or the signature of the defendant or the defense counsel is not required, should there be no defense counsel, if the trial is conducted without the appearance of the defendant.
[Article Newly Added, October 29, 2007]
 
Article 134-5 (Examination of Audio-Visual Records to Refresh the Memory) (1) When the audio-visual records are played pursuant to Article 318-2(2), it shall be limited to when there is the prosecutor¡¯s request therefor, and such records shall thereupon be played and shown only to the defendant or the person other than the defendant who needs to be refreshed of memory.
(2) Articles 134-2 (3) to (5) and Article 134-4 shall apply mutatis mutandis to the request by the prosecutor to play the audio-visual records pursuant to Article 318-2 (2).
[Article Newly Added, October 29, 2007]

Article 134-6 (Method of Examination of Documentary Evidence) (1) Notification of the content of the documentary evidence under Article 292(3) of the Act shall be made by notifying the gist thereof.
(2) The presiding judge, if deemed necessary, may have the gist be stated in lieu of reading under Sections (1), (2) and (4) of Article 292 of the Act.
[Article Newly Added, October 29, 2007]

Article 134-7 (Examination of Evidence in the Form of Text Information Stored in Computer Disks, etc.) (1) Any text information stored in computer disks or similar information storage media (hereinafter collectively referred to in this Article as the ¡°computer disks, etc.¡±) may be printed in legible form and submitted with adequate certification, for the purpose of evidence.
(2) For evidence of text information stored in the computer disks, etc., the person who requested the examination of evidence, upon order of the court or request of the other party, shall specifically disclose the person who input such information into the computer disks, etc. and the date and time of input, and the person who output such information and the date and time of output.
(3) If the information stored in the computer disks, etc. is drawing or picture, the provisions of Sections (1) and (2) shall apply mutatis mutandis.
[Article Newly Added, October 29, 2007]

Article 134-8 (Examination of Evidence in the Form of Audio or Video Data) (1) The person who requests examination of evidence of the media that may record the sound or the visual image (hereinafter referred to in this Article as the ¡°audio or video recording¡±) and subsequently play such sound or visual image, such as audio or video tapes, computer disks and other media similar thereto (such media hereinafter referred to in this Article as the ¡°audio or video recording media¡±) shall specifically disclose the person of whom the audio-video recording was made, the person who made such audio-video recording, and the date, time and place of such audio-video recording.
(2) The person who requested the examination of evidence of audio or video recording media, upon order of the court or request of the other party, shall submit the transcript from such audio-video recording or other documents that explain the content thereof.
(3) The examination of evidence of audio or video recording media shall be conducted by way of playing such media and listening or watching the audio or video recording therein.
[Article Newly Added, October 29, 2007]

Article 134-9 (Applicable Provisions) For examination of evidence of materials which is manufactured to contain drawings, pictures or other data that are not in the form of documents, the provisions of Articles 292 and 292-2 of the Act shall apply mutatis mutandis unless provided otherwise.
[Article Newly Added, October 29, 2007]

Article 135 (Time of Examination of Confession) If a protocol or a document containing the statement of the defendant or a person other than the defendant which may be admitted as evidence pursuant to Articles 312 and 313 of the Act contains the confession of the defendant, such protocol or document shall be examined after examining all other evidence regarding the facts constituting the crime.
[Article Newly Added, October 29, 2007]
[Article 135 under Previous Regulations Moved to Article 135-2 under Current Regulations, October 29, 2007]
 
Article 135-2 (Grounds for Objection to Examination of Evidence) The objections as stipulated in Article 296(1) of the Act may be raised on the ground that the examination is in violation of the law or is unreasonable: Provided, however, that the objections to the ruling rendered pursuant to Article 295 of the Act may be raised only on the ground that the ruling is in violation of the law.
[Moved from Article 135 under Previous Regulations, October 19, 2007]

Article 136 (Grounds for Objection to Measures taken by Presiding Judge) The objections as stipulated in Article 304(1) of the Act may be raised only on the ground that the measures are in violation of the law.
 
Article 137 (Method and Time of Objections) The objections mentioned in Articles 135 and 136 (hereinafter referred to in this Section as the ¡°objections¡±) shall be raised immediately each time when an action, measure or ruling is made, by way of briefly specifying the grounds therefor.
 
Article 138 (Time of Ruling on Objections) The ruling on the objections as stipulated in Articles 296(2) or 304(2) of the Act shall be made immediately after such objections are raised.

Article 139 (Method of Ruling on Objections) (1) The objections raised too late in time or evidently aiming at delay of procedure shall be overruled by a ruling: Provided, however, that if the objections raised too late in time are nevertheless relevant to important matters, the objections shall not be overruled on the sole ground of untimeliness.
(2) When the court deems the objections are not substantively grounded, it shall overrule them by a ruling.
(3) When the court deems the objections are substantively grounded, it shall, by means of a ruling, take such measures corresponding to the objections as suspension, rescission, cancellation or change of the action, measure or ruling to which the objections have been raised.
(4) When the court deems that the objections to the admissibility of evidence the examination of which has been finished are substantively grounded, it shall render a ruling that excludes the whole or parts thereof from evidence.
 
Article 140 (Prohibition of Repeated Objections) To the matters which have been determined by a ruling on the objections, another objection shall not be raised. 
 
Article 140-2 (Method of Interrogation of The Defendant) Interrogation of the defendant shall not be compelling, inducing for certain answers or otherwise coercing or insulting.
[Article Newly Added, October 29, 2007]

Article 140-3 (Order to Leave Courtroom) If the presiding judge believes that the defendant may not make sufficient statements in the presence of a certain person present in the courtroom, the presiding judge may order that person to leave the courtroom.
[Article Newly Added, October 29, 2007]

Article 141 (Authority to Request Elucidation, etc.) (1) The presiding judge, in order to make clear the matters relevant to pending litigation, may request the prosecutor, the defendant or the defense counsel to elucidate or to prove factual or legal matters relevant therein.
(2) A member of the three-judge panel of the court may take the measures prescribed in Section (1) upon informing the presiding judge thereof.
(3) The prosecutor, the defendant or the defense counsel may request the presiding judge to pose necessary questions for the purpose of elucidation prescribed in Section (1).
 
Article 142 (Amendment of Complaint) (1) When the prosecutor intends to make addition, withdrawal, and changes of the alleged facts constituting the offence charged or the applicable provisions of law in the complaint (hereinafter referred to as the "amendment of the complaint") pursuant to Article 298(1) of the Act, the prosecutor shall submit to the court a written application for leave of court for the amendment of the complaint, which states the gist of amendment as intended. <Section Amended, October 29, 2007>
(2) To the written application for leave of court for the amendment of the complaint mentioned in Section (1), certified copies thereof in the number corresponding to the number of the defendant shall be attached.
(3) The court shall immediately serve the defendant or the defense counsel with the certified copies set forth in Section (2).
(4) When the court granted the leave to amend the complaint, the prosecutor shall read, on the date of trial, the alleged facts constituting crimes, the name of the alleged crimes and the applicable provisions of law as amended by way of the application for leave of court for the amendment of the complaint set forth in Section (1).  If deemed necessary, the presiding judge nevertheless may have the prosecutor state the gist of amendment made to the complaint. <Section Amended, October 29, 2007>
(5) Notwithstanding the provision of Section (1), when the defendant is present in the courtroom, the court may permit the amendment of the complaint by verbal means, if such amendment is favorable to the defendant or the defendant consents thereto. <Section Newly Added, December 3, 1996>
 
Article 143 (Renewal of Trial Procedure After Suspension Thereof) In the event that the procedure of trial is suspended subsequent to the initiation of trial pursuant to Article 306(1) of the Act, the procedure of trial shall be renewed on the date of trial after the grounds for suspension have ceased to exist. 
 
Article 144 (Procedure of Renewal of Trial Procedure) (1) Renewal of the procedure of trial under the provisions of Article 301 or 301-2 of the Act or Article 143 shall be conducted in accordance with the provisions of following subsections:
1. The presiding judge shall notify the defendant of the right to remain silent, etc., under Article 127 of the Act, and then confirm the identity of the defendant by conducting the identification questions under Article 284 of the Act;
2. The presiding judge shall have the prosecutor read, or state the gist of, the alleged facts constituting crimes, the name of the alleged crimes and the applicable provisions of law, either under the complaint or under the amended complaint as amended by way of the application for leave of court to amend the complaint;
3. The presiding judge shall give the defendant an opportunity to make statements on whether or not the defendant admits the facts alleged in the complaint and on other relevant circumstances;
4. The presiding judge shall conduct the examination of evidence upon the protocol prepared prior to the renewal of procedure that contains the statement of the defendant or other person made on the date of trial or the result of the inspection by the court; and
5. The presiding judge shall conduct anew the examination of the evidence upon the documents or the articles on which the examination of evidence was conducted on the date of trial prior to the renewal of procedure: Provided, however, that exceptions shall be made to the documents or articles which are deemed to be inadmissible as evidence, and to the documents or articles which are deemed unreasonable to become evidence and no objections thereto are raised by the prosecutor, the defendant and the defense counsel.
(2) In conducting the examination of evidence upon the documents or articles prescribed in Subsections 4 and 5 of Section (1), the presiding judge may, on the whole or part of them, take a proper method which the presiding judge deems reasonable, in lieu of the method as stipulated in Articles 292, 292-2 and 292-3 of the Act, when the prosecutor, the defendant and the defense counsel consent thereto.
[Article Amended in Entirety, October 29, 2007]

Article 145 (Limitation on Time for Oral Argument) The presiding judge, when it is deemed necessary, may limit the time for statement of opinions as stipulated in Articles 302 and 303 of the Act, within the scope of not prejudicing the substantial right of the prosecutor, the defendant or the defense counsel. 
 
SECTION 2 Decision at Trial
Article 146 (Preparation of Written Judgment) If the judgment is sentenced on the date of conclusion of pleading, the written judgment shall be prepared within five(5) days from sentencing.
[Article Amended in Entirety, October 29, 2007]

Article 147 (Admonition on Pronouncement of Judgment) When pronouncing the judgment, the presiding judge may properly admonish the defendant.
 
Article 147-2 (Notice of Probation, and Period of Order of Protective Measures) (1) In case the presiding judge orders the defendant to the probation, social service, or attendance of lectures (hereinafter referred to as the "Probation, etc.") pursuant to the provisions of Articles 59-2 and 62-2 of the Criminal Act in the course of pronouncing the judgment, the presiding judge shall explain the intent and other necessary matters relating thereto.
(2) In the event that the court orders the social service or attendance of lectures in the course of pronouncing the judgment pursuant to the provisions of Article 62-2 of the Criminal Act, it shall determine the total number of hours for the social hours or instructions to be performed by the defendant. In this case, if necessary, the court may designate the kind, methods and facilities of the social service to be performed or the lectures to be attended.
(3) The social service order and an order to attend lectures as provided in Article 62-2(2) of the Criminal Act may not exceed 500 hours and 200 hours, respectively, and the probation officer shall not interfere with the normal life of the defendant in the execution of such orders. <Section Amended, June 20, 1998>
(4) In case a probation order, a social service order or an order to attend lectures as provided in Article 62-2(1) of the Criminal Act is imposed, two or more of such orders may be concurrently imposed. <Section Newly Added, June 20, 1998>
(5) When a social service order or an order to attend lectures is imposed concurrently with the probation, such an order shall be executed within the period of such probation. <Section Newly Added, June 20, 1998>
[Article Newly Added, December 3, 1996]
 
Article 147-3 (Notice of Judgment of Probation, etc.) (1) When a judgment to which a condition of probation, etc. is attached has become final and conclusive, the Junior Administrative Officer et al. of the court to which such final judgment belongs shall, within three(3) days, serve the head of the probation office which has jurisdiction over the residence of the person to be placed under probation, etc. with the official duplicate of the written judgment. <Section Amended, June 20, 1998>
(2) To the instrument as referred to in Section (1), the statement containing the opinion of the court or other relevant materials for probation, etc. may be attached.
[Article Newly Added, December 3, 1996]

Article 147-4 (Evaluation Report on Probation, etc.) The court which has rendered the judgment ordering the probation, etc. may have the head of the probation office report to the court on the evaluation over the person subject to probation, etc., during the period of probation, etc.
[Article Newly Added, December 3, 1996]
 
Article 148 (Service of Official Duplicate of Judgment on Defendant) When the court has pronounced a judgment against the defendant, it shall serve an official duplicate thereof on the defendant within fourteen(14) days from the pronouncement date: Provided, however, that the official duplicate of a judgment shall be served only when requested on the defendant who is not detained and on the defendant under detention whose warrant of detention loses its effect under Article 331 of the Act. <Article Amended, July 15, 2000 and December 3, 1996>

Article 149 (Method of Request for Rescission of Suspension of Sentence) The request for rescission of suspension of sentence prescribed in Article 335(1) of the Act shall be made in writing which specifically states the grounds for rescission.
 
Article 149-2 (Submission of Supporting Materials) In case of the request for the rescission of suspension of sentence, the materials showing the existence of the grounds for rescission shall be submitted.
[Article Newly Added, December 3, 1996]

Article 149-3 (Submission and Service of Official Duplicate of Request) (1) The prosecutor, upon making the request for the rescission of suspension of sentence pursuant to the provision of Article 64(2) of the Criminal Act, shall concurrently submit the official duplicate of the request to the court.
(2) The court shall, upon receiving the official duplicate as prescribed in Section (1), serve such duplicate upon the person who has been granted the suspension of sentence, without delay.
[Article Newly Added, December 3, 1996]

Article 150 (Order of Appearance) The court which has received the request for the rescission of suspension of sentence may order the person who has been granted the suspension of sentence or the representative of such person to appear, if it is deemed necessary to hear the opinion prescribed in the provision of Article 335(2) of the Act. <Article Amended, December 3, 1996>

Article 150-2 (Applicable Provisions) The provisions of Articles 149 through 150 above shall apply mutatis mutandis to the sentencing of the suspended punishment under the provision of Article 61(2) of the Criminal Act.
[Article Newly Added, December 3, 1996] 

Article 151 (Applicability to Re-sentencing Procedures for Concurrent Crimes) The provisions of Articles 149, 149-2 and 150 above shall apply mutatis mutandis to the procedures provided in Article 336 of the Act. <Article Amended, December 3, 1996>

PART III APPEALS

CHAPTER I COMMON PROVISIONS
Article 152 (Handling of Appeal Submitted by Prisoner) (1) The chief of correctional institution or detention facility or the deputy thereof serving as acting-chief, upon receiving a written appeal pursuant to Article 344(1) of the Act, shall add in writing the year, month and date of receipt to such appeal and immediately transmit it to the court of original judgment.
(2) The provision of Section (1) above shall apply mutatis mutandis to the case where the chief of correctional institution or detention facility or the deputy thereof serving as acting-chief receives a written motion for formal trial, a written application for the recovery of right to appeal or waiver or withdrawal of an appeal, or a statement of ground for appeal pursuant to Article 355 of the Act, or to the application or withdrawal thereof under Articles 487 to 489 of the Act. <Section Amended, October 29, 2007>

Article 153 (Submission of Written Consent to Waiver or Withdrawal of Appeal) (1) When the defendant as stipulated in Article 350 of the Act waives or withdraws an appeal, the defendant shall also submit a written consent of the legal representative thereto.
(2) When a legal representative of the defendant or the person prescribed in Article 341 of the Act withdraws an appeal, such a person shall submit a written consent of the defendant thereto.
 
Article 154 (Procedure to Dispute Effects of Waiver or Withdrawal of Appeal) (1) A persons who argues that the waiver or withdrawal of an appeal is inexistent or null may file a motion for the continuation of procedure with the court in which the trial record existed at the time of the waiver or withdrawal.
(2) When the court that has received the motion prescribed in Section (1) deems that the motion is adequately grounded, it shall render a ruling of grandting the motion and continue the procedure; and, when it deems otherwise, it shall deny the motion by means of a ruling.
(3) Against the ruling of denying the motion prescribed in the latter part of Section (2), an immediate appeal may be filed.
 

CHAPTER II INITIAL APPEAL
Article 155 (Writing in Statement of Grounds for Appeal and in Answer) In a statement of grounds for appeal or in the answer thereto, the grounds for appeal or the content of answer shall be expressly stated in a specific and brief manner.
 
Article 156 (Submission of Official Duplicates of Statement of Grounds for Appeal and Answer) To the statement of grounds for appeal or answer, the official duplicates thereof, the number of which is two(2) more than the number of the opposing parties, shall be attached. <Article Amended, December 3, 1996>
 
Article 156-2 (Appointment of State Appointed Counsel and Notice of Reception of Trial Record) (1) The appellate court which has received the trial record shall, without delay, appoint a defense counsel and notify such defense counsel of the reception of the trial record, if no defense counsel exists in such cases mandating defense counsel as indicated in Subsections 1 to 6 of Article 33(1) of the Act.  The court shall also provide the same notice in a case where a state appointed defense counsel is appointed pursuant to Article 33(3) of the Act. <Article Amended, August 17, 2006 and March 23, 2006>
(2) When the defendant makes a request for appointment of a state appointed counsel under Article 33(2) of the Act before the period for submission of the statement of grounds for appeal elapses, the appellate court shall render a ruling thereon without delay, and, where it has thereby appointed a defense counsel at this time, it shall notify the defense counsel of the receipt of the records of trial. <Section Newly Added, August 17, 2006 and March 23, 2006>
(3) Even when it has revoked its ruling for the appointment of a state appointed counsel within the period for submission of the statement of grounds for appeal due to a reason which is not attributable to the defendant after it made its ruling for the appointment thereof under Sections (1) and (2) and then appoints a new state appointed counsel, the appellate court shall notify such relevant defense counsel of the receipt of the records of trial. <Section Newly Added, March 23, 2006>
 (4) Where the appellate court has dismissed a request for the appointment of a state appointed counsel of Section (2), the period from the date on which the defendant made the request for the appointment of a state appointed counsel to the date the defendant was served with the official duplicate of the ruling of dismissal of request for the appointment shall not be calculated toward the period for submission of the statement of grounds for appeal set forth under Article 361-3(1) of the Act: Provided, however, that, where the defendant makes a request for the appointment again to the same court after the defendant has received the ruling of dismissal of the request for appointment, the same shall not apply to the period from the date of such request for appointment of the state appointed counsel to the date of service of the official duplicate of ruling of dismissal of such request for appointment. <Section Newly Added, March 23, 2006>
[Article Newly Added, December 3, 1996]
 
Article 156-3 (Statement of Grounds for Appeal and Answers) (1) The appellant shall state the grounds for appeal specifically.
(2) The opposing party shall state the answers to the grounds for appeal specifically, following the appellant¡¯s statement of grounds for appeal.
(3) The defendant and the defense counsel may make favorable statements.
[Article Newly Added, October 29, 2007]

Article 156-4 (Organization of Issues) The court shall organize and disclose the factual and legal issues of the case on the basis of the grounds for appeal and the answers thereto, and shall clarify the facts to be proven.
[Article Newly Added, October 29, 2007]

Article 156-5 (Examination of Evidence in Appellate Proceeding) (1) Before commencing the examination of evidence in appellate proceeding, the presiding judge shall notify the gist of the matters relevant to evidence and of the evidence examination at the court of first instance.
(2) The appellate court may interrogate the witness solely in any of the following cases:
1. Where such interrogation was omitted by the court of first instance without willful intent or gross negligence and is not likely to seriously delay the procedure;
2. Where interrogating the witness again at the appellate proceeding is deemed to be inevitable due to, for example, discovery of important new evidence, although the same person was interrogated as a witness at the court of first instance; or
3. Where such interrogation is deemed indispensable in order to decide whether the appeal is properly made.
[Article Newly Added, October 29, 2007]

Article 156-6 (Interrogation of the defendant in Appellate Proceeding) (1) The prosecutor or the defense counsel may interrogate the defendant after examination of evidence by the appellate court, solely on the matters necessary for determining whether the appeal is properly made.
(2) The presiding judge may limit the whole or part of the interrogation conducted under Section (1), if it overlaps with the interrogation conducted at the court of first instance court or if it is deemed unnecessary for determining whether the appeal is properly made.
(3) The presiding judge may interrogate the defendant, if the presiding judge deems it necessary.
[Article Newly Added, October 29, 2007]

Article 156-7 (Statement of Opinion in Appellate Proceeding) (1) Upon termination of the examination of evidence and the interrogation of the defendant by the appellate court, the prosecutor shall make a specific statement of the opinion upon the appropriateness of the original judgment and the grounds for appeal.
(2) The presiding judge shall, after hearing the opinion of the prosecutor, give an opportunity to state the opinions thereon to the defendant and the defense counsel.
[Article Newly Added, October 29, 2007]

Article 157 (Transmission of Court Record, etc. in Case of Final Judgment of Return or Transfer) When a judgment of return or transfer prescribed in the provision of Article 366 or of the main provision of Article 367 of the Act has become final, it shall be handled in accordance with the provisions of the following subsections:
1. The appellate court shall transmit the court record and evidence to the court to which the case is returned or transferred within severn(7) days from the date when the judgment has become final, and notify thereof the prosecutor of the public prosecutors¡¯ office corresponding to the appellate court;
2. The court which has received the transmission in Suection 1 shall, without delay, notify thereof the prosecutor of the prosecutors¡¯ office corresponding to the receiving court; and
3. If the defendant is placed in a correctional institution or detention facility, the prosecutor of the prosecutors¡¯ office corresponding to the appellate court shall transfer the defendant to the correctional institution or detention facility located within the jurisdiction of the court to which the case is returned or transferred, within ten(10) days from the date of reception of the notice of Subsection 1.

Article 158 (Effects of Appointment of Defense Counsel) The appointment of a defense counsel which was made in the original court shall remain in effect even after the return or transfer of the case as prescribed in Article 366 or 367 of the Act.
 
Article 159 (Applicable Provisions) The provisions on trial in Part II shall apply mutatis mutandis to the procedure of trial in an appellate court.
 
CHAPTER III FINAL APPEAL
Article 160 (Submission of Official Duplicates of Statement of Grounds for Final Appeal and Answer) To the statement of grounds for the final appeal or the answer thereto, the official duplicates thereof, the number of which is four(4) more than the number of the opposing parties, shall be attached. <Article Amended, December 3, 1996>
 
Article 161 (Notifying of Date of Hearing  to Defendant etc.) (1) The Junior Administrative Officer et al. shall serve the notice of the date  of hearing upon the defendant. <Section Amended, December 3, 1996>
(2) In the final appeal, the transfer of the defendant is not required even in the case of designation of the date of hearing.
(3) If the defendant who has made the final appeal is transferred, the prosecutor shall without delay notify the Supreme Court of such transfer. <Section Newly Added, December 3, 1996>

Article 162 (Judgment to Be Made by Panel of Justices With Respect to Cases Before Plenary Body of Supreme Court) With respect to the cases to which the plenary body of the Supreme Court renders and pronounces the judgment on the merits, the decision on detention, renewal of detention period, cancellation of detention, release on bail, cancellation of release on bail, suspension of execution of detention and cancellation of suspension of execution of detention may be made by a panel of three or more Justices of the Supreme Court. <Article Amended, March 23, 1988>
 
Article 163 (Notice of Request for Correction to Judgment) In the event that a request for correction to judgment prescribed in Article 400(1) of the Act is made, the Court shall immediately notify thereof the opposing party.

Article 164 (Applicable Provisions) The provisions of Articles 155, 156-2, and Subsections 1 and 2 of Article 157 shall apply mutatis mutandis to the procedures of final appeal. <Article Amended, December 3, 1996>

CHAPTER IV APPEAL ON A RULING
Article 165 (Transmission of Official Duplicate of Ruling by Appellate Court) When an appellate court renders a ruling prescribed in Article 413 or 414 of the Act, it shall immediately transmit an official duplicate of such ruling to the original court.

PART IV SPECIAL PROCEEDINGS

CHAPTER I RE-TRIAL
Article 166 (Manner of Request for Re-Trial) For the request for re-trial, a written request for re-trial which specifically states the relief sought and the ground for re-trial shall be submitted to the court of competent jurisdiction, along with the official duplicate of the original judgment and the evidentiary materials attached thereto.
 
Article 167 (Method of Withdrawal of Request for Re-Trial) (1) The withdrawal of request for re-trial shall be made in writing: Provided, however, that it may be made orally during the procedure in the courtroom.
(2) When the withdrawal of request for re-trial is made orally, the circumstances as such shall be written in the protocol.
 
Article 168 (Applicable Provisions) The provisions of Article 152 shall apply mutatis mutandis to the request for re-trial and the withdrawal thereof.
 
Article 169 (Concurrence of Requests and Suspension of Trial Procedure) (1) When the request for re-trial against the final judgment dismissing initial appeal and the request for re-trial against the judgment of first instance finalized by such judgment of dismissal are concurrently made, the appellate court shall suspend its procedure by means of a ruling until the termination of the procedure at the court of first instance.
(2) When the request for re-trial against the final judgment dismissing final appeal and the request for re-trial against the judgment of first or second instance finalized by such judgment of dismissal are concurrently made, the Supreme Court as the court of final appeal shall suspend its procedure by means of a ruling until the termination of the procedure at the court of first or second instance.
 
CHAPTER II SUMMARY PROCEEDINGS
Article 170 (Submitting of Documents, etc.) When making a request for summary order, the prosecutor shall simultaneously submit to the court the evidentiary documents or other evidentiary materials necessary for the summary order.
 
Article 171 (Time for Summary Order) A summary order shall be issued within fourteen(14) days from the date of request therefor.
 
Article 172 (Ordinary Adjudication) (1) Where the case, upon which a request for summary order has been made, is to be adjudicated by the trial procedure pursuant to the provision of Article 450 of the Act, the Junior Administrative Officer et al. shall immediately make a notification thereof to the prosecutor. <Section Amended, December 3, 1996>
(2) The prosecutor, upon receiving the notification of Section (1), shall submit to the court, within five(5) days therefrom, the official duplicates of the complaint, the number of which corresponds to the number of the defendant. <Section Amended, December 3, 1996>
(3) With respect to the official duplicates of the complaint mentioned in Section (2), the court shall take such measures as prescribed in Article 266 of the Act.
 
Article 173 (Applicable Provisions) The provisions of Article 153 shall apply mutatis mutandis to the withdrawal of the request for the ordinary trial proceedings.
 
 
PART V EXECUTION OF DECISION
Article 174 (Request for Exemption of Execution of Litigation Expenses, etc.) (1) The request stipulated in Articles 487 through 489 of the Act and the withdrawal thereof shall be made in writing.
(2) The provisions of Article 152 shall apply mutatis mutandis to the request and the withdrawal prescribed in Section (1).
 
Article 175 (Notice of Request for Exemption of Execution of Litigation Expenses, etc.) When the court receives the request or the withdrawal mentioned in Article 174(1), the court shall immediately make a notification thereof to the prosecutor.
 

PART VI SUPPLEMENTARY PROVISIONS
Article 176 (Method of Request and Other Statements) (1) A request or any other statement to a court or a judge may be made in writing or orally unless otherwise prescribed in the Act or in these Regulations.
(2) When a request or other statement is made orally, it shall be made in the presence of the Junior Administrative Officer et al. 
(3) In the case of Section (2), the Junior Administrative Officer et al. shall prepare a protocol thereon, and type-print the name and seal it. <Section Amended, December 3, 1996>
 
Article 177 (Request or Other Statements by Prisoner) When a defendant or a suspect in correctional institution or detention facility intends to make a document concerning a request or other statement to a court or a judge, the head of the above mentioned institution or facility or the deputy thereof shall offer accommodation therefor, and, especially when the defendant or the suspect is unable to make such a document, they shall take measures prescribed in Article 344(2) of the Act.
 
Article 178 (Period of Validity of Warrant) The period of validity of a warrant shall be seven(7) days: Provided, however, that, the court or the judge, if deemed appropriate, may determine the period of validity to be longer than seven(7) days.
[Article Newly Added, December 3, 1996]
 
Article 179 (Designation of Trial Date for Juvenile Criminal Case) In case of the institution of public prosecution for a criminal case where the defendant is a juvenile, the presiding judge shall, without delay, designate the initial trial date, prior to other cases.
[Article Newly Added, December 3, 1996]
 

ADDENDA <Supreme Court Regulations No. 828, December 31, 1982>
(1) These Regulations shall enter into force on March 1, 1983.
(2) These Regulations shall apply to the cases pending in court at the time of enforcement of these Regulations: Provided, however, that these Regulations shall not affect the effect of the litication act carried out prior to the enforcement of these Regulations.
(3) The Regulations on Designation of Newspapers in Which Public Notification Is to Be Inserted (Supreme Court Regulations No. 27, January 7, 1955), the Regulations on Extension of Statutory Period during Which Persons Domiciled Abroad shall Conduct Litigation Acts (Supreme Court Regulations No. 684, May 30, 1979), and the Regulations on the Appointment of State-Appointed Defense Counsel etc. (Supreme Court Regulations No. 788, November 21, 1981) shall be hereby repealed.
 
ADDENDA: Amendment to the Regulations on Establishment of Registration Office and Jurisdiction Thereof Pursuant to Amendment to the Court Organization Act (Law No. 3992, December 4, 1987)  < Supreme Court Regulations No. 1004, March 23, 1988>
These Regulations shall enter into force on the date of the promulgation.
 
ADDENDA < Supreme Court Regulations No. 1067, June 7, 1989>
(1) (Enforcement Date) These Regulations shall enter into force on September 1, 1989.
(2) (Transitional Provision) These Regulations shall also apply to the cases pending in court at the time of enforcement of these Regulations: Provided, however, that these Regulations shall not affect the effect of the litigation act carried out under the previous Regulations prior the enforcement of these Regulations.

ADDENDA < Supreme Court Regulations No. 1171, August 3, 1991>
(1) (Enforcement Date) These Regulations shall enter into force on August 10, 1991.
(2) (Transitional Provision) These Regulations shall also apply to the cases pending in court at the time of enforcement of these Regulations.

ADDENDA < Supreme Court Regulations No. 1375, July 10, 1995>
These Regulations shall enter into force on the date of the promulgation.

ADDENDA < Supreme Court Regulations No. 1441, December 3, 1996>
(1) (Enforcement Date) These Regulations shall enter into force on January 1, 1997.
(2) (Transitional Provision) These Regulations shall also apply to the cases pending in court at the time of enforcement of these Regulations: Provided, however, that, with respect to the extension of the statutory period for the cases where such period has already started to count at the time of enforcement of these Regulations, the provisions of the previous Criminal Procedure Act and the previous Regulations on Criminal Procedure shall apply even after the enforcement of these Regulations.
 
ADDENDA < Supreme Court Regulations No. 1508, December 31, 1997>
(1) (Enforcement Date) These Regulations shall enter into force on the date of the promulgation.
(2) (Transitional Provision) These Regulations shall also apply to the cases pending in court at the time of enforcement of these Regulations.
 
ADDENDA < Supreme Court Regulations No. 1540, May 19, 1998>
These Regulations shall enter into force on the date of the promulgation.
 
ADDENDA < Supreme Court Regulations No. 1550, June 20, 1998>
These Regulations shall enter into force on July 1, 1998.
 
ADDENDA < Supreme Court Regulations No.1628, December 31, 1999>
Article 1 (Enforcement Date) These Regulations shall enter into force on the date of the promulgation.
Article 2 (Repeal of Other Regulations, etc) (1) [Omitted]
(2) The Regulations on Criminal Procedure shall be amended as follows: Article 22 thereof is hereby deleted.

ADDENDA <Supreme Court Regulations No. 1664, July 15 2000>
These Regulations shall enter into force on August 1, 2000.

ADDENDA <Supreme Court Regulations No. 1901, August 20, 2004>
These Regulations shall enter into force on September 1, 2004.

ADDENDA < Supreme Court Regulations No. 2013, March 23, 2006>
(1) (Enforcement Date) These Regulations shall enter into force on the date of the promulgation.
(2) (Transitional Provision) The amended provisions of Article 156-2 shall apply to the case wherein a request for appointment of a state-appointed counsel is made subsequent to the enforcement of these Regulations.
 
ADDENDA < Supreme Court Regulations No. 2038, August 17, 2006>
(1) (Enforcement Date) These Regulations shall enter into force on August 20, 2006.
(2) (Transitional Provision) These Regulations shall also apply to the cases under investigation or pending in court at the time when these Regulations enter into force.

ADDENDA < Supreme Court Regulations No. 2106, October 29, 2007>
Article 1 (Enforcement Date) These Regulations shall enter into force on January 1, 2008.
Article 2 (General Transitional Provision) These Regulations shall also apply to the cases under investigation or pending in court at the time when these Regulations enter into force. However, these Regulations shall not affect the effect of any acts conducted under the previous Regulations, prior to the enforcement of these Regulations.
Article 3 (Amendment of Other Regulations) (1) Part of the Regulations on Extradition Procedure etc. pursuant to the Extradition Act shall be amended as follows: In Article 31, "Articles 103 to 106" is substituted by " Articles 104 to 106."
(2) The Regulations on Remuneration etc. for Prosecuting Attorneys shall be hereby repealed. However, for any prosecuting attorney who has been appointed and is to be paid remuneration at the enforcement date of these Regulations, the procedure and the amount of remuneration etc. shall be in accordance with the previous provisions thereon..

ADDENDA < Supreme Court Regulations No. 2144, December 31, 2007>
(1) (Enforcement Date) These Regulations shall enter into force on January 22, 2008.
(2) (Transitional Provision) These Regulations shall also apply to the cases pending in court at the time when these Regulations enter into force.