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ACT ON THE TEMPORARY MEASURES FOR CIVIL AND CRIMINAL CASES PENDING IN CASES OF ACCIDENTS AT COURT PREMISES

Act No. 113, Mar. 22, 1950

Amended by Act No. 10180, Mar. 24, 2010

 Article 1 (Purpose)
The purpose of this Act is to prescribe temporary measures by which courts can promptly handle civil and criminal cases where court records are heavily damaged due to fire, accidents or other disasters.
[This Article Wholly Amended by Act No. 10180, Mar. 24, 2010]
 Article 2 (Procedures of Measures)
Where a disaster prescribed in Article 1 occurs, litigants and public prosecutor shall take steps according to the following classifications before the relevant court within six months:
1. Plaintiff, applicant or appellant: Presentation of a duplicate of the written complaint, application or appeal and data verifying that such case is pending thereat;
2. Public prosecutor: Presentation of data concerning facts constituting a crime subject to public prosecution and the sustainment of public prosecution.
[This Article Wholly Amended by Act No. 10180, Mar. 24, 2010]
 Article 3 (To Be Considered as Withdrawn or Revoked)
Where a litigant or a public prosecutor under Article 2 fails to take the standard procedure within the period prescribed in the same Article, litigation, application or appeal shall be considered to have been withdrawn and public prosecution to have been revoked.
[This Article Wholly Amended by Act No. 10180, Mar. 24, 2010]
 Article 4 (Public Notification)
Where a disaster under Article 1 occurs, the head of a relevant court shall publicly notify the detailed proof of evidence to be presented by litigants pursuant to Article 2 and the date of presentation not less than twice in a daily newspaper published in the jurisdiction where the district court under the jurisdiction of such court is located.
[This Article Wholly Amended by Act No. 10180, Mar. 24, 2010]
ADDENDA
Article 5
This Act shall enter into force on the date of its promulgation.
Article 6
This Act shall apply to the disasters that have occurred in courts before this Act enters into force: Provided, That in such cases, the period under Article 2 shall be four months from the date this Act enters into force.
ADDENDUM<Act No. 10180, Mar. 24, 2010>
This Act shall enter into force on the date of its promulgation.