Supreme Court Regulations No. 2115

Regulations on Civil Procedure

Enacted July 9, 1983. Supreme Court Regulations No. 848.
Amended December 31, 1985.  Supreme Court Regulations No. 919.
Amended August 21, 1990. Supreme Court Regulations No. 1119.
Amended December 30, 1991.  Supreme Court Regulations No. 1184.
Amended November 17, 1992.  Supreme Court Regulations No. 1234.
Amended March 3, 1993.  Supreme Court Regulations No. 1251.
Amended May 30, 1998.  Supreme Court Regulations No. 1542.
Amended July 30, 1998.  Supreme Court Regulations No. 1560.
Amended November 19, 1998.  Supreme Court Regulations No. 1569.
Amended June 21, 1999.  Supreme Court Regulations No. 1603.
Comprehensively  Amended June 28, 2002.  Supreme Court Regulations 1761.
Amended March 23, 2006.  Supreme Court Regulations No. 2012.
Amended July 31, 2007.  Supreme Court Regulations No. 2094.
Amended November 28, 2007.  Supreme Court Regulations No. 2115.

PART 1  GENERAL PROVISIONS

CHAPTER 1  COMMON REGULATIONS

Article 1 (Purpose of Regulations)
The purpose of this Regulations is to set forth what is mandated to this Regulations by ¡¸the Civil Procedure Act¡¹(hereinafter referred to as the "Act") and what is necessary with respect to the civil procedure.

Article 2 (Matters to be Stated in the Court Submitted Written Documents)
(1) Papers to be submitted to the court by a party or a representative shall state the followings and shall be named and sealed or signed by the party or the representative unless provided otherwise.
1. Indication of the case
2. Name, address and contact information (which hereinafter means telephone number, fax number, or email address.) of the party and the representative who submits the papers .
3. Indication of the attached papers
4. Date of the preparation
5. Indication of the court
(2) A party or a representative need not state address or contact information in any subsequent  paper if such address or contact information stated in a paper submitted earlier by the party or the representative has not changed.

Article 3 (Peremptory Notice and Notification)
(1) Peremptory notice or notification in civil procedure can be done by any method deemed proper unless provided otherwise.
(2) For peremptory notice or notification made under paragraph (1), the court officials of Grade IV, of Grade V, of Grade VI, or of Grade VII (hereinafter referred to as  ¡°the court officials of Grade V or the like¡±) shall indicate in the litigation record the purport and the method thereof.
(3) In the event the addressee to whom the notification under this Regulations (except for the notification specified in the Act) is addressed stays in a foreign country or his or her address is unknown, the notification is not required. In this case, the court officials of Grade V or the like.  shall indicate in the litigation record the reason of not serving the notification.
(4) Any notification to the concerned parties or participants in a lawsuit may be made by and in the name of the court officials of Grade V or the like.

Article 4 (Method of Drawing Up Litigation Papers and Others)
(1) The litigation papers shall be prepared briefly and clearly.
(2) The litigation documents shall be prepared lengthwise on a paper of 210§® width 297§® length (A4 size sheet) unless otherwise necessary.

Article 5 (Reception of Litigation Papers and Recommendation of Correction Thereof)
(1) The litigation papers submitted by the concerned parties or participants in a lawsuit shall not be unduly refused without any justifiable cause.
(2) The public official who received the litigation papers shall, at the request of the person who submitted them, forthwith deliver a receipt to him or her.
(3) The court officials of Grade V or the like may indicate what is necessary to supplement the litigation papers already received and recommend correction thereof.

CHAPTER 2 COURTS

Article 6 (General Forum)
If the general forum may not be determined in accordance with Articles 3 to 6 of the Act, the general forum shall be the place where the Supreme Court is located.

Article 7 (Request for Designation of Jurisdiction and Others)
(1) If a relevant court or a concerned party move for designation of jurisdiction in accordance with Article 28(1) of the Act, the court or the party shall submit an motion  stating to the immediately superior court the reason why the court or the party requests designation thereof.
(2) In the event that the motion under paragraph (1) is made with respect to a case where  litigation has been instituted, if the movant is a relevant court, that court shall give notice to all parties or, if the movant is a concerned party, the court receiving the motion to the court where litigation is pending and to the opposing party.

Article 8 (Handling Request for Designation of Jurisdiction)
(1) The court receiving the motion under Article 28(1) of the Act shall determine the competent court by its ruling if it deems that there are justifiable grounds for the motion, or deny the motion if it deems that there are no justifiable grounds.
(2) If the ruling under paragraph (1) is made with regard to a case where litigation has not been instituted, the court shall serve the authentic copy of the ruling to the movant, or if it is made with regard to a case where litigation has been instituted, to the court where litigation is pending and to all parties.
(3) In the event the court where litigation is pending is served with the authentic copy of the ruling from the immediately superior court that decides another court as competent, the court officials of Grade V or the like shall forthwith send the authentic copy of the ruling and the litigation record to the designated court.

Article 9 (Suspension of Litigation Procedures)
In the event a motion under Article 28(1) of the Act is made with regard to a case where litigation has been instituted, the litigation procedures of the case shall be suspended until the ruling is made unless urgent action is necessary to be taken.

Article 10 (Method of Motion to Transfer)
(1) When a motion is made to transfer the case from one court to another court, the movant  shall specify the reason thereof.
(2) A motion to transfer shall be made in writing unless it is made on trial.

Article 11 (A Statement of Opinion about Ruling on a Motion to Transfer)
(1) For a motion made in accordance with Articles 34(2) and (3), 35 or 36 (1) of the Act, the court shall give an opportunity to give an opinion on the transfer to the opposing party before its ruling on the motion to transfer.
(2) If it, sua sponte, makes a ruling of transfer in accordance with Articles 34 (2), 35 or 36 of the Act, the court may hear the party¡¯s opinion.

CHAPTER 3 PARTIES

Article 12 (Submission of Materials to Determine Capacity for being Party in Case of Unincorporated Association or the Like)
In the event an association or a foundation other than a legal person becomes a party in litigation, the court may have such an association or a foundation to submit the articles of association or the memorandum or such other materials as are deemed necessary to allow the court to determine the capacity for being party thereof. 

Article 13 (Report on Notice of Termination of Authority of Legal Representation and Report on Notice of Cancellation of Appointment of Appointed Party or of Change Thereof)
(1) Any person who gives notice of termination of authority of legal representation in accordance with Article 63(1) of the Act shall report to the court thereof.
(2) Paragraph (1) applies mutatis mutandis to any person who gives notice of cancellation of appointment or change of appointed party in accordance with Article 63(2) of the Act.

Article 14 (Motion for Addition of Indispensable Co-Litigants)
A motion for addition of indispensable co-litigants in accordance with Article 68 (1) of the Act shall be made in writing specifying the name and the address of the persons to be added and the reason of such addition.

Article 15 (Permission of Power of Attorney in a Single-judge Case)
(1) In a case which is to be examined and tried by a single judge and which does not fall under any subparagraph of Article 4 of Regulations on Jurisdiction of Subject Matter for Civil and Family Litigation, any person other than the lawyers may become an attorney with a permit from the court.
(2) The person who may obtain a permit from the court under paragraph (1) of this Article and Article 88(1) shall be:
1. the spouse or relatives within the fourth degree of relationship whose being an attorney is deemed reasonable in light of the close living relation with the party; or
2. those who, under an employment contract, or such other relationship equivalent thereto with the party, are in a specific relationship such as the handling of, or assistance in, the regular affairs, whose being an attorney is deemed reasonable in light of the job which he is responsible and the substance of the case.
(3) An application for the permit under paragraph (1) of this Article and Article 88(1) shall be in writing.
(4) If, after obtaining the permit under paragraph (1) of this Article and Article 88(1), the case becomes falling under any subparagraph of Article 4 of Regulations on Jurisdiction of Subject Matter for Civil and Family Litigation, the court shall cancel the permit and give notice to the party to that effect.

Article 16 (Review of Qualification of Persons Having Power of Attorney Based on Statutes and Others)
(1) The court may review qualification or authority of a de jure attorney such as a manager or a captain, and, if the review is necessary, may examine the de jure attorney, the concerned party, or relevant witnesses or have him or her submit related materials.
(2) If the court deems such a de jure attorney unqualified or unauthorized, it shall prohibit the de jure attorney from conducting any judiciary act and notify of that effect to the concerned party.

Article 17 (Notice of Termination of Power of Attorney)
To the person who gives notice of termination of power of attorney in accordance with Article 63(1) of the Act being applicable by Article 97 of the Act, Article 13(1) of the Act shall apply mutatis mutandis.

CHAPTER 4  LITIGATION COSTS

Section 1 Burden of Litigation Costs

Article 18 (Method of Motion to Fix the Amount Litigation Costs)
The motion in pursuance of Articles 110(1), 113(1) or 114(1) of the Act shall be made in writing.

Article 19 (Person Responsible for Prepayment of Litigation Costs)
(1) The person who may be made by the court to prepay the costs of litigation in accordance with Article 116(1) of the Act shall be the party who will benefit from the litigation in accordance with the following criteria.
1. Service fee shall be born by the plaintiff(hereinafter in this Article meaning an appellant for an appellate instance);
2. Any expenses for stenographing or recording oral hearing shall be born by the applicant. However, if the party who benefits from stenography or recording is not identified in case where such stenography or recording is made in the court¡¯s initiative, the expenses shall be born by the plaintiff; 
3. Daily allowances, travel expenses or lodging expenses for examination of evidence incurred by witnesses, expert witnesses, interpreters, fees for expert witnesses or interpreters, and travel expenses or lodging expenses for examination of evidence off-court incurred by a judge or other court officials shall be born by the party who moved for the examination of evidence. However, if the party who benefits from the examination of evidence is not identified in case where such examination of evidence is made in the court¡¯s initiative, the expenses shall be born by the plaintiff; and
4. The expenses of forwarding the litigation record to the appellate court shall be born by the appellant.
(2) In the event stenography or recording under subparagraph 2 of paragraph (1) or the examination of evidence under subparagraph 3 of paragraph (1) is made by both parties, or the appellant under subparagraph 4 of paragraph (1) includes both parties, the court shall have both parties prepay the costs equally. However, the court may determine the ratio of the prepayment otherwise considering the circumstances of the case.

Article 20 (State¡¯s Vicarious Payment when Litigation Costs Is Not Prepaid)
The court may make use of state¡¯s vicarious payment of litigation costs if the person who is responsible for prepaying the costs of litigation fails to prepay such amount (including where he or she fails to make additional payment when the prepaid amount gets short) and the processing after the litigation procedures pending or terminated becomes significantly difficult.

Article 21 (Request for State¡¯s Vicarious Payment of Litigation Costs)
(1) A request for state¡¯s vicarious payment of litigation costs shall be made in writing by the presiding judge to an accounting official.
(2) The request under paragraph (1) shall be made whenever any cost of litigation is to be incurred. However, for document service fee, the request may be made together for several services to the extent necessary.

Section 2  Security for Litigation Cost

Article 22 (Consignment Agreement for Payment Guarantee)
(1) Offering a security by means of a consignment agreement of payment guarantee in accordance with Article 122 of the Act requires prior permission of the court.
(2) An consignment agreement for payment guarantee under paragraph (1) shall be the one concluded by and between the person who is ordered to furnish a security and a financial institute or insurance company pursuant to the Banking Act (hereinafter collectively referred to as "a bank, etc.") which:
1. a bank, etc. confirms, on behalf of the person who is ordered to furnish a security and to the extent set by the court, the existence of the executive titles as to the right to claim the reimbursement of litigation costs or the right to claim the reimbursement of litigation costs with regard to the security and by which the bank, etc. promises to pay the amount as mentioned in a conclusive judgment or equivalent to the security right holder; 
2. survives until the cancellation of the security is concluded;
3. may not be changed or terminated; and
4. at the request of the security right holder, the bank, etc. will deliver a documentary evidence for the conclusion of the consignment agreement for payment guarantee to the security right holder. 
(3) To other procedures to which Article 122 of the Act applies, paragraph (1) and (2) shall apply mutatis mutandis.

Article 23 (Jurisdiction over Cancellation and Change of Security)
(1) Jurisdiction over Cancellation of security under Article 125 of the Act and change of security under Article 126 of the Act shall be entertained by the court which decided a security to be furnished or where the record of such decision is kept.
(2) To other procedures to which Articles 125 and 126 of the Act applies, paragraph (1) shall apply mutatis mutandis.

Section 3 Litigation Aid 

Article 24 (Method of Requesting Aid)
(1) A request of litigation aid in accordance with Article 128(1) of the Act shall be in writing.
(2) To the request under paragraph (1) shall be attached a statement which contains financial abilities of the applicant and his or her cohabitants.

Article 25 (Request of Payment of Litigation Costs)
(1) With respect to a case in which litigation aid is awarded in accordance with Article 128(1) of the Act, the court officials of Grade V or the like shall request in writing an accounting official to pay the litigation costs whenever the costs for examination of evidence, service of documents or other costs to be born by the party incur.
(2) To paragraph (1), Article 21(2) shall apply mutatis mutandis.

Article 26 (Payment of Lawyer Fees and the Like)
(1) Lawyer fees or an executive officer fees in pursuance of Article 129(2) of the Act shall be paid by the court which decided to award litigation aid at the request of the person to whom the fees are paid upon completion of the litigation procedures of the instance level or the execution procedure.
(2) The amount of the fees to be paid to a lawyer or an executive officer under paragraph (1) and Article 129(2) of the Act shall be determined, by ruling, by reference of the Regulations on Inclusion of Lawyers¡¯ Fees into Costs of Litigation or the Regulations on Fees for Executive Officer.
(3) To the request and ruling under paragraph (1), Article 110(2) of the Act (excluding the part about transcript), paragraph (3) and Article 115 of the Act shall apply mutatis mutandis.

Article 27 (Cancellation of Aid, etc.)
(1) A trial held in accordance with Article 131 of the Act shall not be conducted after 5 years from the period when the case where litigation aid is awarded is closed by reason of the conclusive judgment or others.
(2) In the event the person who is awarded litigation aid becomes financially enabled, he or she shall report the fact thereof to the court which awarded the litigation aid unless the period mentioned in paragraph (1) has elapsed.

CHAPTER 5 LITIGATION PROCEDURES

Section 1 Oral Hearing

Article 28 (Method of Oral Hearing)
(1) Oral hearing shall be made by verbal statement of the parties on important factual or legal matters or by verbal questioning of the court to confirm the fact.
(2) At a oral hearing, the court shall give opportunities to the parties to comment on important factual or legal issues.

Article 28-2(Objections to Orders, etc. of the Presiding Judge)
(1) The objection in accordance with Article 138 of the Act shall be raised immediately after the order rendered or the measure taken pursuant to Article 138 of the Act unless there is any reason falling under the proviso of Article 151 of the Act.
(2) The person who raises the objection under paragraph (1) shall clearly specify the reason thereof.

Article 29 (Measures of Court for Elucidation)
To an inspection or an expert examination and to entrusted investigation in accordance with Article 140(1) of the Act, the provisions of these Regulations on examination of evidence shall apply mutatis mutandis.   .

Article 29-2(Order of Appearance to the Parties Themselves)
(1) The court may, if necessary, order the parties themselves or their legal representatives to appear in court.
(2) The court may, if necessary, request the attorneys to have the parties themselves or their legal representatives appear in court.
 
Article 30 (Measures to be Taken by the Court Officials of Grade V or the Like for Exercise of Right to Request Elucidation)
In case of measures under Articles 136 or 137 of the Act or dispositions under Article 140(1) of the Act, the presiding judge or the court may have the court officials of Grade V or the like check the progress of and urge the performance of such measures or dispositions.

Article 31 (Protocol of Compromise, etc.)
In case of compromise or waiver of or recognition of a claim, only the fact that there is compromise or waiver of or recognition of a claim shall be entered in a protocol of the date for oral hearing, and the matters set forth in Article 153 of the Act and the terms of compromise or the gist of waiver of or recognition of a claim and the gist and counts of the claim shall be entered in a separate protocol for compromise or waiver of or recognition of a claim. However, the counts of the claim will not be entered unless it is deemed specifically necessary for a small claim case under Article 2(1) of the Trial of Small Claims Act.

Article 32 (Omission of Entering into Protocol, etc.)
(1) In the event that litigation is not concluded by a judgment, the entry of statements of witnesses, the parties themselves and expert witnesses and the result of verification may be omitted with permission of the presiding judge.
(2) The court officials of Grade V or the like shall promptly give notice to that effect to the parties when there is permission of the presiding judge under paragraph (1).
(3) In the event either party challenges the omission of the entry under paragraph (1) within 1 week from the notice under paragraph (2), The court officials of Grade V or the like shall make a protocol of the statements of witnesses, the parties themselves and expert witnesses and the result of verification.
(4) For a case where a service is made in accordance with Articles 194 to 196 of the Act to the defendant in the first instance trial, The court officials of Grade V or the like may omit matters to be entered in the list of the documentary evidence with permission of the presiding judge unless an order for Service by Public Notice is cancelled or appealed, in which case the list of the documentary evidence shall be made.

Article 33 (Stenography and Recording of Oral Hearing)
(1) A motion for stenography or recording of oral hearing in accordance with Article 159(1) of the Act shall be made 1 week prior to the date for oral hearing, and, if necessary, the person who moved for it shall pay the amount set by the court.
(2) Notwithstanding the motion of either party, the presiding judge shall, if not making stenography or recording, take into consideration to that effect on the date for oral hearing.

Article 34 (Keeping of Recorded Tapes and, Stenographic Records, and Others)
(1) The recorded tapes and stenographic records under Article 159(1) and (2) of the Act shall be kept with the litigation record.
(2) A party or a third party who vindicates his or her interests may request the court officials of Grade V or the like to play and let him or her listen the recorded tapes under paragraph (1).
(3) In the event that recorded tapes or stenographic records are destroyed in accordance with Article 159(4) of the Act, the court officials of Grade V or the like shall indicate to that effect and the reason thereof in the litigation record.

Article 35 (Preparation of Recording Paper)
(1) The presiding judge, if he or she thinks necessary, may order the court officials of Grade V or the like or a stenographer to make recording paper of what is recorded in the recorded tapes.
(2) To the recording paper made in accordance with paragraph (1), Article 34 (1) and (3) and Article 159(4) of the Act shall apply mutatis mutandis.

Article 36 (Preparation of Protocol and Others)
(1) When making a protocol in accordance with Article 152(3) of the Act, the court officials of Grade V or the like may make the recorded tapes or stenographic records as a part of the protocol with permission of the presiding judge. In this case, Article 34(1) and (2) of the Act shall apply mutatis mutandis to keeping of the recorded tapes and the stenographic records.
(2) Even if the recorded tapes or the stenographic records are made as a part of a protocol in accordance with the former part of paragraph (1) and Article 159(1) and (2) of the Act, the presiding judge may have court officials of Grade V or the like summarize statements of the witnesses or the parties themselves and make the summary as a part of a protocol.
(3) In the event the recorded tapes or the stenographic records are made as a part of a protocol in accordance with the former part of paragraph (1) and Article 159(1) and (2) of the Act, a protocol should be made with summary of the recorded tapes or the stenographic records if either party requests to that effect before litigation is concluded or in any of the following cases:
1. if the litigation is appealed; or 
2. if the presiding judge thinks that there are reasonable grounds. 
(4) In making a protocol pursuant to paragraph (3), the necessary part of the stenographic records or the recording paper under Article 35 may be quoted in the protocol with permission of the presiding judge.
(5) In the event that there are special reasons that the court officials of Grade V or the like may not make a protocol under paragraph (3), the protocol may be made by another court officials of Grade V or the like who involved in the case.

Article 37 (Applicable Provisions)
(1) If the whole or a part of oral hearing is recorded by means of video tapes, magnetic disks, optical disks, or similar media with which sound or video may be recorded, Articles 33 to 36 and Article 159 of the Act shall apply mutatis mutandis.
(2) Articles 31 to 36 and paragraph (1) shall apply mutatis mutandis to the interrogation or question, and the examination of evidence by the court, the mandated judge, or a commissioned judge.
Article 37-2(Request of Perusal and Delivery of Certification of Litigation Record)
(1) A request for perusal and reproduction of litigation records, and delivery of an authentic copy, certified copy or abridged copy of the judicial documents or protocol, or delivery of a certification of matters relating to the litigation in accordance with Article 162(1) of the Act, shall be made in written form which mentions qualification of the person who made the request.
(2) A request for perusal of the record a concluded litigation in accordance with Article 162(2) of the Act shall be made in written form which mentions the reason of the request and the scope of perusal.

Article 37-3(Scope and Consents of the Participants of Litigation)
(1) The participants of litigation under Article 162(3) of the Act shall mean any of the following persons who have interests in perusal of the litigation record.
1. parties or legal representatives
2. intervenors
3. witnesses
(2) When a request is made in accordance with Article 162(2) of the Act, the court shall give notice to the participants of litigation.
(3) The notice under paragraph (2) may be sent by registered mail to the last known address of the participants of litigation which is found in the litigation record.
(4) The notice sent by paragraph (3) shall be deemed delivered when sent.
(5) The participants of litigation who received notice in accordance with paragraph (2) shall declare in writing whether he or she consents to perusal of the litigation record within 2 weeks from the delivery of the notice. If he or she fails to file his consent or refusal in writing within such period, he or she shall be deemed to consent to perusal of the litigation record.

Article 38 (Method of Requesting Restriction of Perusal and Others)
(1) A motion for ruling in accordance with Article 163(1) of the Act shall be made in written form which specifies the part of the litigation record in which confidential information is contained.
(2) The ruling in accordance with Article 163(1) of the Act shall be made by specifying the part of the litigation record in which confidential information is contained.

Section 2 Professional Examiners

Article 38-2(Appointment of Professional Examiners)
The court shall appoint professional examiners among the candidates of professional examiners in accordance with separate Supreme Court Regulations.

Article 38-3(Requirement of Explanation and Notice to Professional Examiners at a Date  Other than the Oral Hearing Date)
If the matters about which the presiding judge required explanations or comments to professional examiners at a date other than a oral hearing date are material to clarify the case, the court officials of Grade V or the like shall give notice thereof to the both parties.

Article 38-4(Sending of Copy)
If professional examiners submit documents which contain their explanations or comments, the court officials of Grade V or the like shall send each party a copy thereof.

Article 38-5(Direction of Preparation to Professional Examiners)
(1) If the presiding judge deems necessary to involve professional examiners in litigation procedures, the presiding judge may direct professional examiners to properly prepare for the litigation procedures under paragraph (1) inclusive of checking the object of the litigation.
(2) If the presiding judge directs in accordance with paragraph (1), the court officials of Grade V or the like shall give notice of the purport thereof to both parties.

Article 38-6(Measures Taken By The Presiding Judge on Hearing for Examination of Witness)
If the presiding judge deems necessary to prevent any statement of professional examiners from affecting the testimony of the witness, the presiding judge may, sua sponte or at the request of the either party, order the witness to leave court or take any necessary measure.

Article 38-7(Entry in Protocol)
(1) If professional examiners participates in the oral hearing, their names shall be written in the protocol.
(2) If professional examiners ask questions to the person concerned with the case with permission of the presiding judge, mandated judge, or commissioned judge, the purport of such question shall be written in the protocol.
Article 38-8(Method of Canceling Decision of Professional Examiners¡¯ Participation and Others)
(1) The request of canceling the decision in accordance with Article 164-2 (1) of the Act shall be made in writing unless made at a oral hearing.
(2) In making the request under paragraph (1), the reason thereof shall be specified, except that the request was made by both parties at the same time.

Article 38-9(Power of Mandated Judge)
If the mandated judge or a commissioned judge presides the oral hearing, the responsibilities of the presiding judge in accordance with Articles 38-5 to 38-7 shall be conducted by the mandated judge or the commissioned judge.

Section 3  Date and Period

Article 39 (Designation of Court Session)
The presiding judge shall designate a court session for each case.

Article 40 (Change of Date)
A request of change of a date shall specify the cause which requires it with vindicating materials attached thereto.

Article 41 (Restriction on Change of Date)
The presiding judge, etc. shall not permit change of a date without special circumstances otherwise as set forth in Article 165(2) of the Act.

Article 42 (Designation of Next Date)
(1) In the event a oral hearing date is changed or oral hearing is postponed or proceeded, the next date shall promptly be designated without suspension or discontinuance of the litigation procedures or other special circumstances unless the case is put to the preparatory proceedings for oral hearing, even after opening the date of oral hearing in accordance with Article 279(2) of the Act.
(2) Change of a date shall forthwith be notified to the parties.

Article 43 (Reopening of Oral Hearing and Designation of date for Oral Hearing)
In the event oral hearing is determined to be reopened in accordance with Article 142 of the Act, the presiding judge shall designate a date for oral hearing with such determination without special circumstances and give notice to the parties of the reason thereof.

Article 44 (Notice of Change of Date to Witnesses, etc.)
(1) In the event, after sending a writ of summons to witnesses, expert witnesses, or other persons than the parties, a date is changed, the notice of the change shall forthwith be given to such persons unless there is no time for the notice.
(2) In the event, after sending a writ of summons to witnesses, expert witnesses or other persons than the parties, a date is not effected due to withdrawal of litigation or other reasons, paragraph (1) shall apply mutatis mutandis.

Article 45 (Simplified Notice of Date)
(1) A simplified notice of a date in accordance with Article 167(2) of the Act may be made by means of telephone, fax, mail or email, or such other means appropriate for the purpose.
(2) In case of a notice is given under paragraph (1), the court officials of Grade V or the like shall indicate the method and the date thereof in the litigation record.

Section 4  Service

Article 46 (Service by Telephone)
(1) Service to an attorney who is a lawyer may be made by the court officials of Grade V or the like by means of telephone, fax, email, short message service of cellular phone.
(2) In case of service under paragraph (1), the court officials of Grade V or the like shall attach to the litigation record a document by which the lawyer who is served confirms the service.
(3) The court officials of Grade V or the like shall give priority to the method of service as set forth in paragraph (1) when serving to an attorney who is a lawyer.

Article 47 (Service between Lawyers)
(1) In the event both parties appointed lawyers as their attorneys, the fact that an attorney of a party serves litigation papers to the counterparty¡¯s attorney who is a lawyer by personal delivery or transmission by fax or email and confirms the service to the court shall be deemed as lawful service unless the litigation papers are to be delivered to the parties themselves.
(2) The confirmation of service under paragraph (1) may be made by submitting a receipt on which the effect that a duplicate of the litigation papers is delivered or transmitted by fax or email and the date of such delivery or transmission are written, and which is named and sealed or signed by the lawyer who the litigation papers are served unless the original copy of the litigation papers is submitted on which the fact that the litigation papers are served and the date thereof are written and to which the lawyer who the litigation papers are served named and sealed or signed.
(3) The lawyer who is served the litigation papers in accordance with paragraph (1) shall cooperate in certification of the service in accordance with paragraph (2), and the lawyer who served the litigation papers in accordance with the method as set forth in paragraph (1) shall forthwith submit the original copy of the papers to the court.

Article 48 (Submission of Duplicate, etc.)
(1) Litigation papers which are to be served shall be submitted with a number of duplicates thereof necessary for the service unless otherwise specified.
(2) The court, if it thinks necessary, may request the person who submitted litigation papers to send the electronic file of such papers to the court by email or other means appropriate for the purpose.

Article 49 (Service on Joint Representatives)
In the event joint representatives designate a one of them to whom the service is made in accordance with Article 180 of the Act, the service shall be made to the designated representative.

Article 50 (Delivery of Documents Served, etc.)
(1) The head of a facility or a vessel for military use, a correctional institution, a detention center, or a police agency (hereinafter in this Article collectively ¡°a facility, etc.¡±) who is served with documents in accordance with Articles 181 and 182 of the Act shall forthwith deliver the served documents to the person who the papers is addressed to.
(2) The head of a facility, etc. as mentioned in paragraph (1) shall take necessary measures to allow the person who is served with the papers to proceed with litigation without hindrance unless there are inevitable causes.
(3) In the event that there are inevitable causes which prevent the head of a facility, etc. as mentioned in paragraph (1) form taking the measures set forth in paragraph (2), he or she shall submit the cause thereof in writing to the court in advance.

Article 51 (Method of Serving)
The documents as set forth in Articles 185(2) and 187 of the Act shall be sent by registered mail.

Article 52 (Method of Service through the Service Box)
(1) Request of using a service box shall be made in writing to the chief justice of a district court or a branch court.
(2) The person who uses a service box shall pay the fee in advance.
(3) The person who uses a service box may designate other person who on behalf the person will receive documents from the service box.
(4) A district court or a branch court in which the service box is installed shall prepare and keep a ledger for controlling such service box.
(5) The chief judge of a district court or a branch court may prescribe who may use the service box, how to use it, and other necessary matters taking into consideration the court¡¯s facility and burden of service, etc..

Article 53 (Notice of Service)
The agency which has effected a service shall notify the court of reasons for such service in writing. However, if the court thinks reasonable, such notice may be made through electronic communication media instead.

Article 54 (Method of Service by Public Notice)
(1) When there is an order of the presiding judge in accordance with Article 194(1) of the Act, the court officials of Grade V or the like shall keep the document to be served and post the reasons therefor by:
1. posting it on the court's bulletin board;
2. publishing it on the official gazette, the official bulletin, or a newspaper; or
3. disclosing it by means of electronic communication media.
(2) The court officials of Grade V or the like shall indicate the date and the method of service in a record if the service is made in accordance with paragraph (1).

Section 5 Judgment

Article 55 (Statement on Result of Previous Oral Hearing)
A statement on the result of previous oral hearing in accordance with Article 204(2) of the Act may be made by means that the concerned party states factual or legal arguments, organized issues and a brief result of examination of evidence, etc. or that the court checks related matters to the concerned party.

  
Article 55-2 (Notice of Appeal)
In serving an authentic copy of a written judgment, the court officials of Grade V or the like shall give notice to the parties of the period during which and of the court to which they have to file a petition of appeal.

Article 56 (Service of Authentic Copy of the Protocol Including Reconciliation)
The court officials of Grade V or the like shall serve to the parties the authentic copy of the protocol of compromise or waiver of or recognition of a claim within 1 week therefrom.

Section 6 Ruling of Recommendation for Reconciliation
Article 57 (Matters to be Stated in Ruling of Recommendation for Reconciliation, etc.)
(1) The gist and counts of the claim shall be entered in a ruling of recommendation for compromise. However, the counts of the claim will not be entered unless it is deemed specifically necessary for a small claim case under Article 2(1) of the Trial of Small Claims Act.
(2) To the method of preparing a protocol which contains the ruling in accordance with Article 225(1) of the Act, Article 31 shall apply mutatis mutandis.

  
Article 58 (Matters to be Noticed to Parties)
When serving the protocol which contains the ruling of recommendation for compromise or the authentic copy of the written ruling in accordance with Article 225(2) of the Act, it shall be notified to the party that failing to challenge the recommendation for compromise within 2 weeks from service of the protocol or the authentic copy of the ruling, the ruling of recommendation for compromise shall take the same effect as a judicial compromise.

Article 59 (Return to Litigation by Impossibility of Service, etc.)
(1) In the event that the authentic copy of a protocol or a written ruling under Article 225(2) of the Act can not be sent to either party or both parties by other means of service than that in accordance with Articles 185(2), 187, 194 to 196 of the Act, the court shall, sua sponte or at the request of either party, cancel the ruling of compromise.
(2) In the event that the ruling of compromise is cancelled in accordance with the provision of paragraph (1), Article 232(1) of the Act shall apply mutatis mutandis.

Section 7 Suspension and Discontinuance of Proceedings

Article 60 (Method of Request for Takeover)
(1) A request for takeover of proceedings shall be in writing.
(2) To the request under paragraph (1) shall be attached materials about the reason of the suspension and the qualification of the person who takes over the proceedings.

Article 61 (Report of Reasonof the Suspension by attorney)
In the event any reason arises for the suspension procedures, the attorney shall report to that effect to the court in writing.

PART II PROCEEDINGS IN COURT OF FIRST INSTANCE

CHAPTER 1 INSTITUTION OF LITIGATION

Article 62 (Matters to be Entered in Written Complaint)
In a written complaint, the followings shall be entered.
1. Specific facts supporting the claim; 
2. Specific statements about the means of defense which obviously is to be alleged by the defendant; and
3. The instrument of evidence for facts which requires demonstration.

Article 62-2(Matters to be Entered in Written Complaint in case evidence is preserved)
In the event evidence is examined for preservation before instituting litigation, the written complaint shall state the court which conducted the preservation of evidence and the case number and case title of the preservation of evidence case.

Article 63 (Documents Attached to Written Complaint)
(1) A document proving the qualification of the legal representative, in case of an individual without a litigation capacity, of the representative, in case of an incorporation, or of the representative or manager in case of an unincorporated association or foundation shall be attached to the written complaint.
(2) For cases on real estate, a transcript of real estate, for cases on family and succession, a transcript of family registry, and for cases on bills or checks, such bills or checks shall be attached to the written complaint together with copies of documents which are important as evidence.
(3) To a written complaint for a litigation under Article 252(1) of the Act shall be attached a copy of the conclusive judgment seeking for a change.

Article 64 (Time of Service of Duplicate Written Complaint)
(1) A duplicate written complaint shall forthwith be served to the defendant without special circumstances.
(2) In the event that a counterclaim and a written complaint for a litigation for interlocutory confirmation, or other documents equivalent to a written complaint including a motion for addition or participation of an indispensable co-litigants, or change of the defendant or the claim, paragraph (1) shall apply mutatis mutandis.

Article 65 (Matters to be Entered in Written Answer, etc.)
(1) In a written answer shall be mentioned the matters mentioned in each subparagraphs of Article 274(1) of the Act made applicable by Article 256(4) of the Act, the matters mentioned in paragraph (2) and answers to the purport of the claims, and any of the following subparagraphs: 
1. whether or not the defendant admits individual facts mentioned in the written complaint; 
2. defense and specific facts supporting it; and
3. the instrument of evidence for subparagraphs 1 and 2.
(2) To the written answer shall be attached important documentary evidence for facts which requires demonstration among the instrument of evidence under subparagraph 3 of paragraph (1).
(3) In the event the written answer fails to meet the requirements under paragraphs (1) and (2), the presiding judge may have the court officials of Grade V or the like urge the person who submitted the written answer to supplement the written answer so that it could meet such requirements.

Article 66 (Matters to be Entered in Motion for Change of Defendant)
In a motion for change of the defendant in accordance with Article 260(2) of the Act shall be stated name and address of the new defendant and the reason of the change.

Article 67 (Procedure to Challenge Effect of Withdrawal of Litigation)
(1) A person who alleges that a withdrawal of litigation does not exist or is void may move for a designation of a date.
(2) In case of a motion under paragraph (1), the court shall open oral hearing and hear the reason of such motion.
(3) In the event that the court believes that the motion is groundless as a result of hearing in accordance with paragraph (2), it shall declare, by judgment, termination of the litigation, and in the event that the court believes that the motion is grounded, it shall proceed with the procedure from the stage of the litigation at the time of the withdrawal and shall indicate such decision in the interim or final judgment.
(4) In the event that a motion under paragraph (1) is made for a withdrawal of litigation made after the final judgment is rendered but before the record of appeal is sent, the following procedure shall apply.
1. If all parties who have interests in an appeal raised the appeal (including the case where a part of the parties raised an appeal and the other party lost his or her right to appeal), the court officials of Grade V or the like of the adjudicating court shall transfer the litigation record to the appellate court, and the appellate court shall takes steps to proceed with the procedure under paragraphs (2) and (3).
2. Except for the case under subparagraph 1, the adjudicating court shall declare, by judgment, termination of the litigation in the event that it believes that the motion is groundless after taking the procedure under paragraph (2), and shall declare, by judgment, that the withdrawal is void in the event it believes that the motion is grounded.
(5) In the event that the judgment declaring that the withdrawal is void under the latter part of subparagraph 2 of paragraph (4), the adjudicating court shall proceed with the procedure which had to be proceeded after the final judgment, and the parties may conduct the litigation which might have done after the final judgment. In this case, the whole appeal period shall newly progress from the time when the judgment declaring that the withdrawal is void is rendered.

Article 68 (Applicable Provisions)
To a challenge against the effect of a fictitious withdrawal in accordance with Article 268 of the Act(including those made applicable by Article 268), Article 67 (1) to (3) shall apply mutatis mutandis.

CHAPTER 2  ORAL HEARING AND PREPARATION THEREFOR

Article 69 (Referral to Preparatory Proceeding for Oral Hearing or Designation of Date for Oral Hearing)
(1) The presiding judge shall, as soon as a written answer is filed, put the case to the preparatory proceeding for oral hearing or proceed to designate a preparatory date of oral hearing.
(2) If deemed necessary for speedy progress of a case, the presiding judge put the case to the preparatory proceeding for oral hearing and at the same time designate a preparatory date for oral hearing, and may have the parties file briefs or other documents, exchange them between the parties, and request evidence to prove their allegations.
(3) In the event the presiding judge believes that the preparatory proceeding for oral hearing is unnecessary because a case requires expedite processing in its nature or issues of a case have been already organized or is easy to organize, the presiding judge he/she shall forthwith designate the date for oral hearing.

Article 69-2(Obligation of Investigation of Parties)
The parties shall investigate factual relations and evidence in advance so that they could make allegation and demonstration well.

Article 69-3(Presentation Period of Brief)
A brief containing new means of offence and defense of the parties shall be presented appropriately so that it could be served to the counterparty 7 days prior to the date for oral hearing or a preparatory date for oral hearing.

Article 70 (Method of Conducting Preparatory Proceeding for Oral hearing)
(1) The presiding judge, the commissioned judge, or a judge under Article 280(4) of the Act (hereinafter collectively referred to "the presiding judge, etc.") shall make endeavor to organize issues and evidences in the preparatory proceeding for oral hearing or to prepare for efficient and speedy oral hearing, and the parties shall cooperate with him or her.
(2) Either party may discuss the matters set forth in paragraph (1) with the counterparty. The presiding judge, etc. may recommend the parties to have discussion for preparation of oral hearing.
(3) The presiding judge, etc. may discuss with the parties the preparation and progress of oral hearing and the time necessary for oral hearing for efficient and speedy progress of oral hearing in the preparatory proceeding for oral hearing.
(4) The presiding judge, etc. may discuss with the parties number, amount, presentation period and form of briefs, and the parties, if any agreement is reached, shall conform with such agreement.
(5) The presiding judge, etc. may have a discussion under paragraphs (3) and (4) by opening a date of oral hearing or over the phone which allows conversation with both parties at the same time.

Article 70-2(Method of Organizing Allegations and Evidences in Preparatory Date for Oral Hearing)
In a preparatory pleading date for oral hearing, the parties shall state organized allegations and evidences necessary for preparation for oral hearing orally, or the court shall organize such allegations and evidences by confirming them to the parties orally.

Article 71 (Protocol of Preparatory Date for Oral Hearing)
(1) In a protocol of a preparatory date for oral hearing shall be entered the result of the preparatory proceeding for oral hearing in accordance with Article 70 with the matters mentioned in Article 283(1) of the Act.
(2) To a protocol of a preparatory date for oral hearing, Articles 31 to 37 (1) shall apply mutatis mutandis.

Article 72 (Designation of Date for Oral Hearing for a Case which Is Gone Through Preparatory Proceeding for Pleading and Others)
(1) For a case which is gone through preparatory proceeding for oral hearing, if more than 2 days are needed for the hearing thereof, the oral hearing shall be proceeded everyday until finished. Even if there are special circumstances, a closest possible date shall be designated as the date for oral hearing.
(2) In designating a date for oral hearing for a case which is gone through preparatory proceeding for oral hearing, the parties¡¯ comments shall be heard.
(3) The date for oral hearing designated in accordance with paragraph (1) may not be changed by reason of insufficient investigation of facts and evidences.

Article 72-2(Statement of Result of Preparatory Oral Hearing Date)
Statement of the result of a preparatory oral hearing date may be conducted by means of stating organized issues and a brief result of examination of evidence by the parties or checking related matters to the parties by the court.
(2) In designating a date for oral hearing for a case which is gone through a preparatory oral hearing date, the parties¡¯ comments shall be heard.
(3) The date for oral hearing designated in accordance with paragraph (1) may not be changed by reason of insufficient investigation of facts and evidences.

Article 73 (Applicable Provisions)
To a preparatory proceeding for oral hearing, Articles 28-2 to 30 shall apply mutatis mutandis.

CHAPTER 3 EVIDENCE
Section 1 General Provisions

Article 74 (Request for Examination of Evidence)
In requesting for an examination of evidence, the relationship between the evidence and the facts to be attested shall be specified.

Article 75 (Motion to Interrogation of Witnesses and Parties)
(1) A motion to interrogation of witnesses shall be made altogether if there are no special circumstances, and so a motion to interrogation of the parties.

(2) In move for interrogation witnesses, the movant shall illuminate name, address, contact information and occupation of witnesses, the relationship between witnesses and the concerned party, how the witnesses are involved in or become aware of the case on the merits, time necessary to interrogate the witnesses, and how to secure the witnesses¡¯ attendance.

Article 76 (Presentation of Duplicate Written Expert Testimony)
The court may have an expert witness to present duplicates of his or her written expert testimony or written answer when ordering an expert testimony or entrusting an expert testimony in accordance with Articles 294 or 341 of the Act.

Article 77 (Prepayment of Costs for Examination of Evidence)
(1) In the event the court decides to examine evidences, it shall forthwith have the person who shall bear the costs thereof in accordance with subparagraph 3 of Article 19 (1) or Article 19 (2) prepay the costs necessary to conduct the examination of evidence.
(2) Any person who requested examination of evidence may pay the necessary costs before the order under paragraph (1).
(3) The court may cancel the ruling for examination of evidence if and when the concerned party fails to prepay the costs in accordance with the order under paragraph (1).

Section 2 Examination of Witness
Article 78 (Testimony on Matters Concerning Official Secrets)
(1) In the event any person who is or was an official other than the person as set forth in Article 304 and 305 of the Act has to testify on matters concerning the official secrets, he or she shall report specifically the reason whey such testimony falls under the official secrets in advance.
(2) In case of a report under paragraph (1), the court may refer to the agency to which he or she belongs or a supervisory agency if the matters to be interrogated falls under the official secrets.

Article 79 (Presentation of Witness¡¯ Affidavit, etc.)
(1) If it is deemed necessary for efficient interrogation of witness, the court may have the party who requested the witness file witnesses¡¯ affidavit.
(2) A witness¡¯ affidavit shall be made in the order of time for what is to be testified and signed and sealed by him/her.
(3) The party who is order to file a witness¡¯ affidavit shall submit 2 (3 if the case is tried by the collegiate panel) more copies than the number of the counterparty together with the original affidavit by the time set by the court.
(4) The court officials of Grade V or the like shall serve a copy of the witness¡¯ affidavit to the counterparty before the date of the witness interrogation.

Article 80 (Submission of Matters to be Examined against Witness, etc.)
(1) The party who is order to file a witness¡¯ affidavit shall submit 3 (4 if the case is tried by the collegiate panel) more copies than the number of the counterparty together with the original document containing the matters to be examined against the witness by the time set by the court unless the court admits that such submission is not necessary in case the witnesses¡¯ affidavit is submitted in accordance with Article 79.
(2) The court officials of Grade V or the like shall serve a copy of the document under paragraph (1) to the counterparty before the date of the witness interrogation.
(3) In the event that the matters to be examined against the witness are not discrete and specific or includes anything falling under Article 95 (2), the presiding judge may order alteration of the matters unless there are reasonable causes for interrogations falling under subparagraphs 2 to 4 of Article 95 (2).

Article 81 (Matters to be Entered in Writ of Summons, etc)
(1) In addition to what is mentioned in Article 309 of the Act, the purport of each of the following subparagraphs shall be entered in a writ of summons for a witness:
1. the witness shall report to the court if he/she will not appear to the court stating the reason thereof; and 
2. failure to appear before the court and the report under subparagraph 1 may result in legal sanctions as if such non-appearance is without any justifiable reason.
(2) The writ of summons for a witness shall be served 2 days prior to the scheduled appearance date unless there are inevitable circumstances.

Article 82 (Securing Appearance of Witness)
If a witness is accepted, the person who requested the witness shall make endeavor to make the witness appear on the date.

Article 83 (Report of Non-Appreance) If a witness who received a request for appearance is not able to appear on the designated date, he or she shall forthwith report the reason thereof to the court.

Article 84 (Testimony in Writing)
(1) If the court allows a witness to submit a document containing what to testify in lieu of attendance and testimony in accordance with Article 310(1) of the Act, the court may have the counterparty of the party who requested a witness submit a document containing such matters that he/she wants answers in the document submitted by the witness.
(2) If the court allows a witness to submit a document containing what to testify in lieu of attendance and testimony in accordance with Article 310(1) of the Act, the court shall notify the witness each of the following:
1. the matters or the gist of the matters to be interrogated against the witness; 
2. he or she should appear and testify in the court room if the court requires appearance; and
3. if a deadline is set, to that effect.
(3) The witness shall sign and affix his/her seal on the document containing what to testify.

Article 85 (Fines on Witness, etc.) 
(1) The trial for fines on witnesses and burden of costs of litigation in accordance with Article 311(1) of the Act shall be conducted by the court which the action was commenced.
(2) For the trial procedure in accordance with paragraph (1) and Article 311 (1) of the Act, Articles 248 and 250 of 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 86 (Detention of Witness)
(1) The trial procedure for detention in accordance with paragraphs (1) to (8) of Article 311 of the Act shall be conducted by the court the action was commenced.
(2) The trial procedure for detention shall be initiated by the ruling of the court. The court may not make such ruling initiating the procedure after 20 days from the date on which the cause of detention arises
(3) The court shall decide not to put the witness under detention after initiating the trial procedure for detention before the decision if he or she testifies or if it is not reasonable.
(4) The ruling under paragraph (2) and the decision not to put the defendant under detention under paragraph (3) may not be appealed.
(5) In the event the witness is released in accordance with Article 311 (7) of the Act, the presiding judge shall forthwith give notice in writing thereof to the chief of the detention facility.
(6) For the procedure of detention in accordance with paragraphs (1) to (5) and Article 311 (2) to (8) of the Act, Articles 6 to 8, 10, 11, 13, 15 to 19, 21 to 23, and 25 (1) and (2) of¡¸Regulations on Trials for Preserving Orders of Court etc.¡¹(however, the part about written opinion in Article 13 shall be deleted, in Article 19 (2) ¡°3 days¡± shall be read as ¡°1 week,¡± ¡°the date of executing the detention¡± in Article 23(8) shall be read as ¡°the date of notice in accordance with Article 311 (5) of the Act¡±) shall apply mutatis mutandis.

Article 87 (Compulsory Appearance of Witness)
To compulsory appearance of a witness who fails to appear to the court without any justifiable reason, the provisions about compulsory appearance in the Regulations of Criminal Procedure shall apply mutatis mutandis.

Article 88 (Confirmation of Identity of Witness) The presiding judge shall confirm the identity of the witness by having him present his identification card such as his resident registration card, or through other appropriate means.

Article 89 (Order of Interrogation)
(1) Interrogation of a witness in accordance with Article 327(1) of the Act shall be in the following order. However, the presiding judge may have the witness state briefly the facts which he or she knows about the case before the main interrogation.
1. Interrogation by the party who requested the witness (the main interrogation);
2. Interrogation by the counterparty (the counter interrogation); and
3. Re-interrogation by the party who requested the witness (the secondary main interrogation).
(2) When the interrogation in the order under paragraph (1) is finished, the parties may interrogate the witness with permission of the presiding judge.
(3) The presiding judge may have the parties to interrogate the witness in the order under paragraph (1) per each of the organized issues.

Article 90 (Interrogation under Non-Appearance of Party of Main Interrogation)
In the event that the party who requested the witness fails to appear to the court on the date of witness interrogation, the presiding judge may carry on the interrogation in lieu of the party.

Article 91 (Main Examination)
(1) The main examination shall be made with respect to such matters as are to be proved and other matters related thereto.
(2) In case of the main examination, a leading question shall not be made: Provided, That exceptions may be made in any case of the following subparagraphs:
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 concerned party, the personal history of the witness, the social relationship and so on;
2. When the witness shows either hostility or antipathy against the person who examines;
3. Examination on the previous statements made by the witness when the witness testifies to the contrary; and
4. In case of any particular circumstances where a leading question is required.
(3) The presiding judge shall prohibit a leading question which does not fall under any subparagraph specified in proviso of paragraph (2), and if he deems the method of leading question unreasonable, he may restrain it.

Article 92 (Cross-Examination)
(1) The cross-examination shall be made with respect to such matters as uncovered by the main examination and any other matters related thereto.
(2) A leading question may be made in cross-examination, if necessary.
(3) If the presiding judge deems the method of leading question is unreasonable, he may restrain it.
(4) Any party who wishes to examine the witness on the facts which have not been disclosed during the main examination shall obtain the presiding judge's permission.
(5) The examination set forth in paragraph (4) shall be regarded as the main examination, in so far as such new facts are concerned.

Article 93 (The Second Main Examination)
(1) The second main examination shall be made with respect to such matters during the cross-examination and other matters related thereto.
(2) The second main examination shall be conducted in the same way as in the main examination.
(3) Article 92 (4) and (5) shall apply mutatis mutandis to the second main examination.

Article 94 (Examination on Necessary Matters for Purpose of Impeaching Value of Testimony)
(1) Either party may examine on necessary matters for the purpose of impeaching the value of testimony.
(2) The examination set forth in paragraph (1) shall be made with respect to the credibility of testimony such as the experience and memory of a witness, and the accuracy of his expression, and the reliability of a witness such as the interests, prejudice, presupposition of the witness.

Article 95 (Method of Examination of Witness)
(1) Interrogation shall be discrete and specific.
(2) The presiding judge may, in his/her own initiative or at the request of either party, limit interrogation which falls under any of the following subparagraphs unless there are justifiable reasons for interrogation as set forth in subparagraphs 2 to 4: 
1. interrogation which may insult or defame the witness; 
2. interrogation in violation of Articles 91 to 94;
3. interrogation seeking for an opinion; or 
4. interrogation seeking for a statement about matters which the witness has not experienced by him/herself.

Article 96 (Interrogation by Document, etc.)
(1) The parties may interrogate a witness by means of documents, drawings, pictures, models, devices or other articles (hereinafter collectively referred to in this Article as the ¡°Documents, etc.) with permission of the presiding judge.
(2) In the event that the documents, etc. under paragraph (1) have not been subject to examination of evidence, a chance of perusal thereof shall be given to the counterparty before interrogation unless the counterparty has no objection thereabout.
(3) The presiding judge may order the party using the documents, etc. to submit the copies thereof (if a copy is not available, picture or other appropriate media thereof) for the purpose of attaching to the protocol or for other purposes.

Article 97 (Objections)
(1) Objections against the presiding judge¡¯s orders or measures about witness interrogation shall be raised immediately following such orders or measures with specific reasons thereof.
(2) The court shall decide, by ruling, whether or not to sustain the objections raised under paragraph (1).

Article 98 (Withdrawal from Court)
If the presiding judge believes that a witness may not make sufficient statements in the presence of a certain person who is in the court room, he or she may order the person to leave the court room while the witness testify.

Article 99 (Reading of Questions or Reply in Writing)
In case of asking in writing to a witness who is not able to hear or having answer in writing a witness who is not able to speak, the presiding judge may have the court officials of Grade V or the like read the questions and answers.

Article 100(Power of Mandated Judge)
If the mandated judge or a commissioned judge interrogates witnesses, the responsibilities of the court and the presiding judge as set forth in this Section shall be conducted by the mandated judge or the commissioned judge.

Section 3 Expert Testimony

Article 101 (Decisions of Matters to be subject to Expert Testimony, etc.)
(1) An expert testimony shall be motioned by a document in writing seeking for the expert testimony unless there is inevitable reasons, in which case the document shall be submitted by the time set by the presiding judge.
(2) The document under paragraph (1) shall be served to the counterparty unless the court thinks that the service is unnecessary considering the contents of the document.
(3) The counterparty may submit a document in writing containing his or her comments about the document under paragraph (1) the court.
(4) The court shall determine matters regarding the expert testimony on the basis of the document submitted under paragraph (1), and shall consider the comment submitted under paragraph (3), if any. In this case, the court may hear the opinion of an expert witness if necessary for determining the matters regarding the expert testimony.
(5) The court may send any reference materials to the expert witness which it thinks is necessary to the expert testimony.

Article 102 (Method of Motion for Challenge)
(1) A motion for challenge of an expert witness shall be made by clarifying the reason thereof.
(2) Reasons for the motion for challenge and the method for vindication thereof shall be presented in writing within three days from the date of filing the motion.

Article 103 (Explanation of Written Expert Testimony)
(1) In the event the court has a written expert testimony explained in accordance with Article 341(2) of the Act, the parties shall be made to participate in the proceeding of such an explanation.
(2) The gist of the explanation under paragraph (1) shall be mentioned in the protocol.

Article 104 (Application of Provisions on Witness Interrogation)
The provisions in Section 2 shall apply mutatis mutandis to the expert testimony unless they are contrary to the nature of the expert testimony.

Section 4 Documentary Evidence

Article 105 (Offering Documentary Evidence by means of Submitting Document)
(1) In case of offering any documentary evidence by means of submitting a document, the title, drafter and date of draft of the document shall be clarified unless they are clearly derived from the contents of the document.
(2) The documentary evidence shall be submitted together with 1 more copy of the number of the counterparty. However, the court may set certain period of time during which the copies may be submitted if there are reasonable causes.
(3) The copies under paragraph (2) shall be clear, and if they are obscure, the presiding judge  order the person offering the documentary evidence to submit the copies again.
(4) In the event that a part of a documented is offered as evidence, the whole document shall be submitted. However, the copies above may be submitted by the abridged ones of the part to be invoked as evidence with permission of the presiding judge.
(5) The court may, even after finishing examination of the documentary evidence, order to submit the original copy of the documentary evidence again.

Article 106 (Submission of Written Explanation of Evidence, etc.)
(1) In the event that the documentary evidence is hard to understand or voluminous or is not clear about what to prove, the presiding judge may order the concerned party to submit a written explanation which states specifically the relationship between the documentary evidence and the facts to be proved by it.
(2) In the event that the documentary evidence is written in a language other than Korean or a code, the concerned party shall attach a translation thereto. However, in the event that a part of a documented is offered as evidence, the translation may be with regard to such part to be invoked as evidence with permission of the presiding judge.

Article 107 (Copy of Documentary Evidence, etc.)
(1) In making a copy of the documentary evidence in accordance with Article 105(2) of the Act, the concerned party shall copy the whole contents of it. In this case, if the presiding judge thinks necessary, the concerned party shall name and seal or sign on the copy of the documentary evidence stating that the copy is same as the original document.
(2) A copy of the documentary evidence shall bear a mark under the following classification and be numbered in the order of submission.
1. For those submitted by the plaintiff: ¡°plaintiff¡±
2. For those submitted by the defendant: ¡°defendant¡±
3. For those submitted by the independent party intervenor: ¡°intervenor¡±
(3) In the event there are multiple persons who should use a mark under paragraph (2), the presiding judge may allow them to attach a branch mark including "A", "B", "C", etc. afterwards.

Article 108 (Submission Period of Copy of Documentary Evidence)
In the event that the presiding judge sets a period within which the documentary evidence shall be offered (in the case only where it is offered by means of submitting document) in accordance with Article 147(1) of the Act, the parties shall submit the copies of the documentary evidence within such period.

Article 109 (Adoption of Documentary Evidence)
The court may refuse to adopt or cancel adoption of the documentary evidence if the documentary evidence submitted by either party: 
1. is not deemed related to the facts to be proved;
2. is same or similar document as an evidence already submitted and not proven by the concerned party that it has separate value of evidence; 
3. is written in a language other than Korean or a code, but the concerned party fail to attach a translation thereto or fail to comply with an order of the presiding judge to submit a translation;
4. is not submitted together with a written explanation of evidence when the presiding judge ordered it be submitted in accordance with Article 106(1) of the Act: or
5. does not show the drafter or the date of draft clear, and the concerned party fail to comply with an order of the presiding judge to clarify thereof.

Article 110 (Method of Requesting Submission of Document, etc.)
(1) Requesting submission of document in accordance with Article 345 of the Act shall be made in writing.
(2) The counterparty may submit a written comment about the request under paragraph (1).
(3) To a request of submission of a document list in accordance with Article 346 of the Act, paragraphs (1) and (2) shall apply mutatis mutandis.

Article 111 (Custody of Presented or Submitted Document)
(1) The court, if it thinks necessary, may take temporal custody of documents presented in accordance with the former part of Article 347(4) of the Act.
(2) If, while the court takes temporal custody of documents in accordance with paragraph (1) or Article 353 of the Act, the person who presented or submitted the document asks, the court officials of Grade V or the like shall deliver a receipt thereof to such person.

Article 112 (Requesting Documentary Evidence at Document¡¯s Location, etc.)
(1) In the event it is impossible or hart to request documentary evidence of any document possessed by a third party in accordance with Article 343 and 352 of the Act, the court may conduct an investigation of the documentary evidence at the document¡¯s location.
(2) In case of paragraph (1), the person requesting the documentary evidence shall submit to the court a copy of the document offered as the documentary evidence.

Article 113 (Solicitation of Forwarding of Partial Document)
(1) A solicitation of forwarding of a part of a document consisting of a record kept by a court, a public prosecutors office, and other public offices (hereinafter collectively referred to in this Article as "the court, etc.") may be made in accordance with Article 352 of the Act.
(2) In adopting a solicitation under paragraph (1), the court shall solicit the court, etc. keeping the concerned record to forward an authentic transcript of the part as designated by the applicant or the attorney in the record.
(3) Without any reasons as mentioned in Article 114(2) of the Act, the court, etc. receiving the solicitation under paragraph (2) shall allow the applicant or the attorney who motioned for such solicitation to peruse the record so that he/she may designate the necessary part.

Article 114 <Deleted, Nov. 28, 2007>

Article 115 (Obligation of Submitting Copy of Applicant, etc.)
In the event any document is submitted to the court in accordance with Article 113, Articles 347(1) or 352 of the Act, the applicant shall designate discretely the documents which he/she wishes to submit as the documentary evidence and shall submit the copies thereof unless the documents submitted need not be returned after examination of evidence.

Article 116 (Specification of Reasons of Denying Authentic Formation of Document)
In the event that the authentic formation of a document is denied, the reason thereof shall be specifically stated.

Section 5 Inspection

Article 117 (Submission of Object of Inspection)
Article 107 (2) and (3) shall apply mutatis mutandis to the submission procedure of the object of inspection. In this case, before the marks, "Inspected" shall be indicated.

Article 118 (Custody of Object of Inspection, etc.)
To the object of inspection submitted to the court, Articles 105 (5) and 111 (2) shall apply mutatis mutandis.

Section 6 Examination of Parties

Article 119 (Application of Provisions on Examination of Witnesses)
Articles 79 to 81, 83 and 88 to 100 shall apply mutatis mutandis to interrogation of the parties themselves or a legal representative, a representative or a manager representing the parties. In this case, in subparagraph 2 of Article 81 (1) "may result in legal sanctions" shall be read as ¡°may result in legal disadvantages".
 
Section 7 Other Evidence

Article 120 (Examination of Evidence of Text Information Stored in Magnetic Disks, etc) (1) Any text information stored in magnetic disks, optical disks or similar storage (collectively referred to in this Article as "the magnetic disks, etc.") may be admitted as evidence if it is printed in legible form (hereinafter referred to in this Article as ¡°printed document¡±).
(2) For evidence of text information stored in the magnetic disks, etc., the person who requested examination of evidence, by order of the court or at the request of the other party, shall specify the person who input such information into the magnetic 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 magnetic disks, etc. is drawing or picture, paragraphs (1) and (2) shall apply mutatis mutandis.

Article 121 (Examination of Evidence of Audio or Video Data) (1) The person who requests examination of evidence of audio or video tapes, magnetic disks, optical disks or similar media (hereinafter referred to in this Article as "recording tape, etc.") which record and play audio or video (hereinafter referred to in this Article as "recording, etc.") shall specify the person who is recorded in such recording, etc., the person who recorded such recording, etc., and the date and time and the place of such recording, etc..
(2) Examination of evidence of recording tape, etc. shall be conducted by playing the recording tape, etc.
(3) The person who requested examination of evidence of recording tape, etc., by order of the court or at the request of the other party, shall submit the recording paper of recording tape, etc. or documents which explains the contents of such recording tape.

Article 122 (Applicable Provisions) For Examination of evidence of materials which is made to contain drawings, pictures or other data other than documents, Section 3 to 5 shall apply mutatis mutandis unless otherwise specified.

Section 8 Preservation of Evidence
Article 123 (Examination of Evidence in the Procedure for Preservation of Evidence)
Examination of Evidence in the procedure for a preservation of evidence shall be as set forth in this Section.

Article 124 (Method of Making Motion, etc.)
(1) Motion for preservation of evidence shall be in writing.
(2) The motion under paragraph (1) shall be attached with materials vindicating the reasons preservation of evidence.

Article 125 (Forwarding of Record of Preservation of Evidence)
(1) The record as to the preservation of evidence shall be forwarded to the court where the record of litigation on the merits is kept within 2 weeks from completion of preservation of evidence.
(2) In the event litigation on the merits is instituted after completion of examination of evidence for a preservation of evidence, the record as to the preservation of evidence shall be forwarded within 1 week from the request of forwarding to the court where the litigation on the merits continues.

PART III APPEAL
CHAPTER 1 APPEAL FROM TRIAL COURT

Article 126 (Court to Which Withdrawal of Appeal Is Made)
In the event that the litigation record is kept by the court of the original instance, withdrawal of appeal shall be made to the court of the original instance.

Article 126-2(Appellant¡¯s Brief, etc.)
In order to clarify the purport of an appeal, the appellant shall state each of the followings in the petition of appeal or the first brief to be presented to the appellate trial:
1. the part in which the first instance trial misunderstood facts or misapplied jurisprudence;
2. matters to be newly alleged in the appellate trial; 
3. evidences to be newly submitted to the appellate trial and the purport thereof; and 
4. the reason why the appellant fail to submit the allegation and evidences under subparagraphs 2 or 3 to the first instance trial. 

Article 127 (Period within which Record of Appeal is to be Forwarded)
(1) In the event a petition of appeal is submitted before the authentic copy of the judgment is served, the period within which the record of appeal is to be forwarded shall be 2 weeks from the service of the authentic copy of the judgment.
(2) In the event that the presiding judge of the original instance ordered to correct a petition of appeal which is submitted before the authentic copy of the judgment is served, the period within which the record of appeal is to be forwarded shall be 2 weeks from the service of the authentic copy of the judgment if the correction is made before the authentic copy of the judgment is served, or 1 week from the date on which the correction is made if the correction is made after the authentic copy of the judgment is served.

Article 127-2(Statement on Result of Oral Hearing in First Instance Trial)
Statement on the result of oral hearing in the first instance trial may be made by the concerned parties stating factual or legal arguments, organized issues and a brief result of examination of evidence, or by the court checking related matters to the parties.

Article 128 (Application of Litigation Procedures for First Instance Trial)
The provisions in Section 2 shall apply mutatis mutandis to the litigation procedures of the appellate trial unless they are contrary to the nature of the appellate trial.

CHAPTER 2 APPEAL TO SUPREME COURT

Article 129 (Method of Stating Grounds for Appeal to Supreme Court)
(1) An appeal to the Supreme Court on the grounds that there has been a violation of the Constitution, Acts, administrative decrees, or regulations (hereinafter referred to in this Article as ¡°the statute¡±) which has affected the judgment shall state the concerned statute and the reason of the violation as the ground of the appeal to the Supreme Court.
(2) In specifying the statute in accordance with paragraph (1), the provision or the contents of such statute (if not codified, the purport of such statute) shall be stated.
(3) In specifying the reason of the violation in accordance with paragraph (1), the fact of the violation if the statute is related to the procedures shall be stated.

Article 130 (Method of Stating Absolute Grounds for Appeal to Supreme Court)
If an Appeal to Supreme Court is made on the ground of any of subparagraphs of Article 424(1) of the Act, the provision and the fact falling thereunder shall be states as the ground of the Appeal to Supreme Court.

Article 131 (Specification of Precedents)
If an Appeal to Supreme Court is made on the ground that the judgment of the original trial is contrary to the precedents of the Supreme Court, such precedents shall be specifically stated.

Article 132 (Notification of Receipt of Litigation Record)
Notification of receipt of the litigation record in accordance with Article 426 of the Act shall be by means of serving a document containing the reason thereof to the parties.

Article 133 (Number of Duplicates of Written Statement of Grounds for Appeal to Supreme Court)
The written statement of grounds for appeal to the Supreme Court  shall be submitted with 6 more duplicates of the number of the counterparty.

Article 134 (Statements of Relevant Witnesses)
(1) If the statements of a relevant witness is heard in accordance with Article 430(2) of the Act, the parties shall be made to participate in such hearing.
(2) The gist of the statement made under paragraph (1) shall be stated in the protocol.

Article 135 (Application of Litigation Procedures for Appellate Trial)
The provisions in Section 1 shall apply mutatis mutandis to an appeal to the Supreme Court  and the litigation procedures of the trial on appeal to the Supreme Court  unless they are contrary to the nature of the appellate trial.
 
Article 136 (Application to Incidental Appeal to Supreme Court)
Articles 129 to 135 shall apply mutatis mutandis to an incidental appeal to the Supreme Court .

CHAPTER 3 APPEAL AGAINST RULINGS OR ORDERS

Article 137 (Application of Litigation Procedures for Appeal and Appeal to Supreme Court)
(1) The provisions in Section 1 shall apply mutatis mutandis to an appeal against rulings or orders unless they are contrary to the nature of the appeal against rulings or orders.
(2) The provisions in Section 2 shall apply mutatis mutandis to a re-appeal or special appeal against rulings or orders unless they are contrary to the nature of the re-appeal or special appeal against rulings or orders.

CHAPTER 4 RETRIAL

Article 138 (Litigation Procedures of Retrial)
The litigation procedures for each instance shall apply mutatis mutandis to a retrial unless they are contrary to the nature of the retrial.

Article 139 (Documents to be Attached to Petition for Retrial)
To a petition for retrial shall be attached a copy of judgment subject to the retrial.

Article 140 (Processing of Litigation Record of Retrial)
(1) The numbering of the documentary evidence submitted by the parties in the retrial procedure shall be sequential to the numbering of the documentary evidence for the litigation held before the retrial.
(2) If a retrial case is appealed to the Supreme Court, the junior administrative officer, etc. shall send the appellate record together with the litigation record of the litigation held before the retrial.

Article 141 (Application to Quasi Retrial Process)
Articles 138 to 140 shall apply mutatis mutandis to the retrial process in accordance with Article 461 of the Act.

PART V PROCEDURE FOR PUBLIC SUMMONS

Article 142 (Public Notice of Public Summons)
(1) The public notice of the public summons shall be made by any of the following methods, in which case the gist of the notice may be disclosed, if deemed necessary:
1. posting it on the court's bulletin board;
2. publishing it on the official gazette, the official bulletin or a newspaper; or
3. disclosing it by means of electronic communication media.
(2) The junior administrative officer, etc. shall indicate the date and the method of service in a record.

Article 143 (Public Notice of Judgment Nullification)
To the public notice of nullification judgment, Article 142 shall apply mutatis mutandis.

PART 6 CONCLUSION OF JUDGMENT AND SUSPENSION OF EXECUTION

Article 144 (Method of Motion for Suspension of Execution, etc.)
A motion for suspension of execution in accordance with Articles 500(1) or 501 of the Act shall be made in writing.

ADDENDA 
Article 1 (Enforcement Date) These Regulations shall enter into force on July 1, 2002.
Article 2 (Transitional Provision for ongoing case) Unless otherwise specifically provided, these Regulations shall also apply to cases pending in court at the time when these Regulations enter into force. However, these Regulations shall not affect any acts made under the former Regulations.
Article 3 (Transitional Provision for Witness Detention) Article 86 and Article 311 of the Act (provision on detention of a witness) shall apply to a witness who is notified a trial for fines after these Regulations enter into force.

ADDENDA (Supreme Court Regulations No. 2011, Mar.23, 2006)
These Regulations shall enter into force on the date of its promulgation.

ADDENDA (Supreme Court Regulations No.2094, Jul. 31,2007)
Article 1 (Enforcement Date) These Regulations shall enter into force on August 14, 2007.
Article 2 (Transitional Provision) These Regulations shall also apply to cases pending in court at the time when these Regulations enter into force.

ADDENDA (Supreme Court Regulations No.2094, Jul. 31,2007)
Article 1 (Enforcement Date) These Regulations shall enter into force on January 1, 2008.
Article 2 (Transitional Provision for ongoing case) Unless otherwise specifically provided, these Regulations shall also apply to cases pending in court at the time when these Regulations enter into force. However, these Regulations shall not affect any acts made under the former Regulations.