ACT ON SPECIAL CASES CONCERNING PROCEDURE FOR TRIAL BY THE SUPREME COURT
Act No. 4769, Jul. 27, 1994
Amended by Act No. 6626, Jan. 26, 2002
Act No. 9816, Nov. 2, 2009
The purpose of this Act is to have the Supreme Court efficiently perform the function of appellate review and to swiftly conclude juridical relations by prescribing exceptions to the procedures for the Supreme Court's trials.
[This Article Wholly Amended by Act No. 9816, Nov. 2, 2009]
| Article 2 (Scope of Application) |
This Act shall apply to appeals against civil suits, family litigation and administrative litigation (including litigation pursuant to Chapter 9 of the Patent Act and pursuant to provisions to which such Chapter applies mutatis mutandis; hereinafter the same shall apply) to the Supreme Court. [This Article Wholly Amended by Act No. 9816, Nov. 2, 2009]
| Article 3 (Exemption from Application of the Civil Procedure Act) |
Where the provisions of the Civil Procedure Act (including cases in which such provisions apply mutatis mutandis pursuant to other Acts) are in conflict with any of the provisions of this Act, this Act shall apply. [This Article Wholly Amended by Act No. 9816, Nov. 2, 2009]
| Article 4 (Discontinuance of Trials) |
| (1) | Where the Supreme Court admits that an assertion concerning a ground for an appeal excludes any of the following grounds, it shall cease to hear such appeal and shall rule such appeal dismissed: |
| 1. | Where the original judgment violates the Constitution or unreasonably interprets the Constitution; |
| 2. | Where the original judgment unreasonably rules whether an order, rules or a disposition violates any Act; |
| 3. | Where the original judgment interprets any Act, order, rules or disposition contrary to a precedent of the Supreme Court; |
| 4. | Where a precedent of the Supreme Court on the interpretation of any Act, order, rules or disposition does not exist or a precedent of the Supreme Court needs to be altered; |
| 5. | Where a serious violation of any Act or subordinate statutes is committed in addition to the provisions of subparagraphs 1 through 4; |
| (2) | Where an assertion concerning a ground for an appeal to the Supreme Court are found to exclude grounds prescribed in paragraph (1) 1 through 3, judgment on provisional seizure and provisional disposition shall be governed by the examples prescribed in paragraph (1). |
| (3) | Even when an assertion concerning a ground for an appeal to the Supreme Court include grounds prescribed in the subparagraphs of paragraph (1) (in cases of judgment on provisional seizure and provisional disposition, grounds prescribed in paragraph (1) 1 through 3), such assertion shall be governed by the examples prescribed in paragraph (1) if such assertionfalls under any of the following subparagraphs: |
| 1. | Where such assertion in itself, is groundless; |
| 2. | Where such assertion is unrelated to the original judgment or does not affect the original judgment. |
[This Article Wholly Amended by Act No. 9816, Nov. 2, 2009]
| Article 5 (Exceptions to Judgment) |
| (2) | A judgmentreferred to in paragraph (1) does not require sentence and shall have effect upon being served on the appellant. |
| (3) | The original transcript of a judgment pursuant to paragraph (1) shall be delivered to the court public official of Grade Ⅳ,Ⅴ, Ⅵ or Ⅶ (hereinafter referred to as "court public official of Grade Ⅴ, etc."), and court public officials of Grade Ⅴ, etc. shall enter the date of receipt therein and place seal thereon and serve it on the interested party. |
[This Article Wholly Amended by Act No. 9816, Nov. 2, 2009]
| Article 6 (Restrictions on Exceptions) |
| (2) | Where no original transcript of the judgment referred to in Article 5 is delivered to any court public official of Grade Ⅴ, etc. within four months from the date the records of appeal was received from the court of first instance, Articles 4 and 5 shall not apply. |
[This Article Wholly Amended by Act No. 9816, Nov. 2, 2009]
| Article 7 (Provisions Applicable Mutatis Mutandis to Re-Appeals and Special Appeals) |
Articles 3, 4 (2) and (3), 5 (1) and (3) and 6 shall apply mutatis mutandisto re-appeals and special appeals of civil suits, family litigation and administrative litigation. [This Article Wholly Amended by Act No. 9816, Nov. 2, 2009]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on September 1, 1994: Provided, That in cases of an appeal to the Supreme Court, a re-appeal and a special appeal against a ruling pursuant to the provisions of Chapter 9 of the Patent Act and to the provisions to which aforementioned provisions apply mutatis mutandis, such provisions shall enter into force on March 1, 1998. |
| (2) | (Transitional Measures) Precedents shall govern cases for which an appeal to the Supreme Court, a re-appeal or special appeal was filed before this Act enters into force. |
| (3) | (Amendment to other Acts) Omitted. |
ADDENDA<Act No. 6626, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 9816, Nov. 2, 2009>
This Act shall enter into force on the date of its promulgation.