Statutes of the Republic of Korea

No. 7078
Promulgation Date 2004-01-20
Ministry of Justice

ALL

PART Ⅰ GENERAL PROVISIONS

CHAPTER Ⅰ JURISDICTION OF COURTS

Article 1 (Investigation of Jurisdiction Ex Officio)

Article 2 (Improper Jurisdiction and Effect of Proceedings)

Article 3 (Execution of Duties Outside Jurisdiction)

Article 4 (Territorial Jurisdiction)

Article 5 (Consolidation of Territorial Jurisdiction)

Article 6 (Consolidated Proceedings for Territorial Jurisdiction)

Article 7 (Separate Proceedings for Territorial Jurisdiction)

Article 8 (Transfer of Case ex officio)

Article 9 (Consolidation of Jurisdiction of Subject Matter)

Article 10 (Combined Proceedings for Jurisdiction of Subject Matter)

Article 11 (Definition of Co-Related Cases)

Article 12 (Lis Pendens of One and Same Case before Two or More Courts)

Article 13 (Concurrence of Jurisdiction)

Article 14 (Request for Designation of Proper Court)

Article 15 (Application for Transfer of Jurisdiction)

Article 16 (Forms of Designation of Proper Court and Application for Transfer)

Article 16-2 (Transfer to Military Court)

CHAPTER Ⅱ EXCLUSION, CHALLENGE AND REFRAINING OF COURT OFFICIALS

Article 17 (Reason for Exclusion)

Article 18 (Reason for Challenge and Person entitled to Apply for Challenge)

Article 19 (Jurisdiction over Motion for Challenge)

Article 20 (Dismissal and Management of Application for Challenge and Conduct)

Article 21 (Decision an Application for Challenge)

Article 22 (Application for Challenge and Suspension of Proceedings)

Article 23 (Dismissal of Application for Challenge and Immediate Appeal)

Article 24 (Cause of Challenge, etc.)

Article 25 (Exclusion, Challenge and Refraining of Court Administrative Officers, etc.)

CHAPTER Ⅲ REPRESENTATION AND ASSISTANCE FOR ACTS OF LITIGATION

Article 26 (Person without Mental Capacity and Representation for Acts of Litigations)

Article 27 (Juristic Person and Representation for Acts of Litigation)

Article 28 (Special Proxy for Acts of Litigation)

Article 29 (Assistant)

CHAPTER Ⅳ DEFENSE

Article 30 (Persons Entitled to Appoint Defense Counsel)

Article 31 (Qualifications for Defense Counsel and Special Defense Counsel)

Article 32 (Effects of Appointment of Defense Counsel)

Article 32-2 (Representing Defense Counsel)

Article 33 (Defense Counsel Appointed by State)

Article 34 (Interview, Communication and Medical Examination and Treatment with Defendant or Suspect)

Article 35 (Inspection or Copying of Documents or Article of Evidence)

Article 36 (Independent Act of Procedure by Defense Counsel)

CHAPTER Ⅴ DECISION

Article 37 (Judgment, Ruling and Order)

Article 38 (Form of Written Decisions)

Article 39 (Reasons for Decision)

Article 40 (Necessary Entry in Written Decision)

Article 41 (Signature, etc. in Written of Decision)

Article 42 (Method of Pronouncement or Notification of Decision)

Article 43 (Method of Pronouncement or Notification of Decision)

Article 44 (Case Requiring Direction of Public Prosecutor for its Execution)

Article 45 (Request for Transcript or Abridged Copy of Document of Decision)

Article 46 (Formation of Copy or Extracts of Written of Decision)

CHAPTER Ⅵ DOCUMENTS

Article 47 (Non-Disclosure of Documents Relating to Proceedings)

Article 48 (Method of Formation of Protocol)

Article 49 (Protocol of Inspection of Evidence, etc.)

Article 50 (Necessary Entries in Various Protocols)

Article 51 (Contents of Protocol of Public Trial)

Article 52 (Exception in Preparation of Protocol of Public Trial)

Article 53 (Signature, etc. on Protocol of Public Trial)

Article 54 (Completion, etc. of Protocol of Public Trial)

Article 55 (Demand of Inspection, etc. of Protocol of Public Trial by Defendant)

Article 56 (Probative Value of Protocol of Public Trial)

Article 56-2 (Stenography and Record in Trial Court)

Article 57 (Documents of Public Officials)

Article 58 (Alterations by Public Official)

Article 59 (Documents made by Person Other than Public Official)

CHAPTER Ⅶ SERVICE

Article 60 (Filing of Reports Subject to Service)

Article 61 (Service by Mail)

Article 62 (Service to Public Prosecutor)

Article 63 (Cause of Service by Public Notice)

Article 64 (Method of Service by Public Notice)

Article 65 (Application of Civil Procedure Act)

CHAPTER Ⅷ PERIOD OF TIME

Article 66 (Calculation of Period of Time)

Article 67 (Extension of Legal Period)

CHAPTER Ⅸ SUMMONS AND DETENTION OF THE DEFENDANT

Article 68 (Summons)

Article 69 (Definition of Detention)

Article 70 (Causes for Detention)

Article 71 (Effect of Compulsory Appearance)

Article 72 (Detention and Notice of Cause)

Article 73 (Issuance of Warrant)

Article 74 (Form of Writ of Summons)

Article 75 (Form of Warrant of Detention)

Article 76 (Service of Writ of Summons)

Article 77 (Requisition of Detention)

Article 78 (Procedure for Warrants of Detention by Requisition)

Article 79 (Order of Appearance or Accompany)

Article 80 (Urgent Measures)

Article 81 (Execution of Warrant of Detention)

Article 82 (Preparation of Several Warrants of Detention)

Article 83 (Execution and Requisition of Warrant of Detention outside Jurisdiction)

Article 84 (Request for Investigation to Chief of High Public Prosecutor’s Office and Chief of District Public Prosecutor’s Office)

Article 85 (Procedure for Execution of Warrant of Detention)

Article 86 (Provisional Detention of Defendant under Guard)

Article 87 (Notice of Detention)

Article 88 (Detention and Notice of Facts, etc. concerning Public Action)

Article 89 (Interview with Detained Defendant)

Article 90 (Application for Defense Counsel)

Article 91 (Interview with Person Other than Lawyer)

Article 92 (Detention Period and Its Renewal)

Article 93 (Rescission of Detention)

Article 94 (Request for Release on Bail)

Article 95 (Compulsory Release on Bail)

Article 96 (Voluntary Release on Bail)

Article 97 (Cancellation of Release on Bail and Detention and Opinions of Public Prosecutors)

Article 98 (Release on Bail and Bail Money)

Article 99 (Condition of Release on Bail)

Article 100 (Procedure of Execution of Release on Bail)

Article 101 (Suspension of Execution of Detention)

Article 102 (Revocation of Release on Bail, etc. or Confiscation of Bail Money)

Article 103 (Final Judgment and Confiscation of Bail Money)

Article 104 (Refund of Bail Money)

Article 105 (Appeal and Ruling of Detention)

CHAPTER Ⅹ SEIZURE AND SEARCH

Article 106 (Seizure)

Article 107 (Seizure of Postal Matters)

Article 108 (Seizure of Voluntarily Produced Articles, etc.)

Article 109 (Search)

Article 110 (Military Secrets and Seizure)

Article 111 (Public Secrets and Seizure)

Article 112 (Professional Secrets and Seizure)

Article 113 (Warrant of Seizure or of Search)

Article 114 (Forms of Warrants)

Article 115 (Method of Execution of Warrant)

Article 116 (Notabilia)

Article 117 (Assistance for Execution)

Article 118 (Suggestion of Warrant)

Article 119 (Prohibition of Entrance or Leave)

Article 120 (Execution of Warrant and Necessary Measures)

Article 121 (Execution of Warrant and Presence of Parties)

Article 122 (Execution of Warrant and Notice of Presence)

Article 123 (Execution of Warrant and Presence of Responsible Party)

Article 124 (Search of Female)

Article 125 (Restriction on Execution at Night)

Article 126 (Exception of Limitation of Execution at Night)

Article 127 (Suspension of Execution and Necessary Measures)

Article 128 (Delivery of Certificate)

Article 129 (Delivery of Inventory of Property)

Article 130 (Custody and Abrogation of Seized Articles)

Article 131 (Notabilia)

Article 132 (Custody of Proceeds from Seized Articles)

Article 133 (Restoration or Temporary Restoration of Articles Seized)

Article 134 (Return of Goods to Rightful Owner)

Article 135 (Disposition of Seized Articles and Notice to Party)

Article 136 (Commissioned Judge and Requisitioned Judge)

Article 137 (Execution of Warrant of Arrest and Search)

Article 138 (Applicable Provisions)

CHAPTER XI EVIDENCE BY INSPECTION

Article 139 (Evidence by Inspection)

Article 140 (Evidence by Inspection and Necessary Disposition)

Article 141 (Caution for Physical Examination)

Article 142 (Physical Examination and Summons)

Article 143 (Restriction of Time)

Article 144 (Assistance for Inspection)

Article 145 (Applicable Provisions)

CHAPTER XII EXAMINATION OF WITNESS

Article 146 (Qualification of Witness)

Article 147 (Public Secrets and Qualification of Witness)

Article 148 (Criminal Responsibility of Near Relative and Refusal of Witness)

Article 149 (Secrets in Professional Line and Refusal of Witness)

Article 150 (Vindication of Reason for Refusal of Witness)

Article 151 (Failure in Attendance and Fine for Negligence)

Article 152 (Disobedience to Summons and Compulsory Appearance)

Article 153 (Applicable Mutatis Mutandis Provisions)

Article 154 (Summons of Witness within Precinct of Court)

Article 155 (Applicable Mutatis Mutandis Provisions)

Article 156 (Oath of Witness)

Article 157 (Forms of Oath)

Article 158 (Admonishment to Sworn Witness)

Article 159 (Disability of Oath)

Article 160 (Notice of Rights for Refusal of Witness)

Article 161 (Refusal of Oath or of Witness and Fine for Negligence)

Article 161-2 (How to Examine Witness)

Article 162 (Separate Examination and Confrontation)

Article 163 (Presence at Examination)

Article 164 (Demand of Inquiry)

Article 165 (Examination of Witness outside Court)

Article 166 (Order to Proceed and Detention)

Article 167 (Commissioned Judge or Requisitioned Judge)

Article 168 (Travelling Expenses, Daily Allowances and Lodging Expenses for Witnesses)

CHAPTER EXPERT EVIDENCE

Article 169 (Expert Evidence)

Article 170 (Oath)

Article 171 (Report on Expert Evidence)

Article 172 (Expert Evidence outside Court)

Article 172-2 (Confinement for Expert Opinion and Detention)

Article 173 (Necessary Disposition by Expert Witness)

Article 174 (Presence or Question by Expert Witness)

Article 175 (Commissioned Judge)

Article 176 (Presence of Parties)

Article 177 (Applicable Provisions)

Article 178 (Travelling Expenses and Fees for Expert Witness)

Article 179 (Expert Witness)

Article 179-2 (Request of Expert Evidence)

CHAPTER XIV INTERPRETATION AND TRANSLATION

Article 180 (Interpretation)

Article 181 (Interpreter for Deaf or Mute)

Article 182 (Translation)

Article 183 (Applicable Provisions)

CHAPTER XV PRESERVATION OF EVIDENCE

Article 184 (Request and Procedure for Preservation of Evidence)

Article 185 (Inspection, etc. of Documents)

CHAPTER XVI COSTS OF TRIAL

Article 186 (Coasts of Trial by Defendant)

Article 187 (Costs of Trial by Accomplices)

Article 188 (Costs of Trial by Complaint, etc.)

Article 189 (Withdrawal of Appeal by Public Prosecutor and Costs of Trial)

Article 190 (Costs of Trial by Third Party)

Article 191 (Decision on Costs of Trials)

Article 192 (Decision on Costs of Trial by Third Party)

Article 193 (Costs of Trial not by Decision)

Article 194 (Amounts of Trial)

PART Ⅱ COURT OF FIRST INSTANCE

CHAPTER Ⅰ INVESTIGATION

Article 195 (Investigation by Public Prosecutor)

Article 196 (Judicial Police Officers)

Article 197 (Special Judicial Police Official)

Article 198 (Notabilia)

Article 198-2 (Inspection of Arrest or Detention Place by Public Prosecutors)

Article 199 (Investigation and Necessary Examination)

Article 200 (Request of Appearance of Suspect, and Notice of Refusal Right of Statement)

Article 200-2 (Arrest)

Article 200-3 (Emergency Arrest)

Article 200-4 (Emergency Arrest and Term of Request for Warrant)

Article 200-5 (Applicable Provisions)

Article 201 (Detention)

Article 201-2 (Request for Warrant of Detention and Examination of Suspect)

Article 202 (Detention Period by Judicial Police Officer)

Article 203 (Detention Period by Public Prosecutor)

Article 203-2 (Inclusion of Detention Period)

Article 204 (Issue of Warrant of Arrest or Detention and Notification to the Court)

Article 205 (Extension of Detention Period)

Articles 206 and 207 Deleted.

Article 208 (Restrictions on Re-arrest)

Article 209 (Applicable Mutatis Mutandis Provisions)

Article 210 (Investigation by Judicial Police Officials outside Jurisdiction)

Article 211 (Flagrant Offender)

Article 212 (Arrest of Flagrant Offender)

Article 212-2 Deleted.

Article 213 (Delivery of Arrested Flagrant Offender)

Article 213-2 (Applicable Mutatis Mutandis Provisions)

Article 214 (Minor Cases and Arrest of Flagrant Offenders)

Article 214-2 (Review of Legality of Arrest and Detention)

Article 214-3 (Restriction on Re-arrest and Re-detention)

Article 214-4 (Confiscation of Bail Money)

Article 215 (Seizure, Search and Inspection of Evidence)

Article 216 (Compulsory Disposition without Warrant)

Article 217 (Idem)

Article 218 (Seizure without Warrant)

Article 219 (Applicable Provisions)

Article 220 (Urgent Disposition)

Article 221 (Request of Appearance of Third Party)

Article 221-2 (Request for Interrogation of Witness)

Article 221-3 (Commission of Expert Opinion and Request for Confinement for Expert Opinion)

Article 221-4 (Permit of Disposition Necessary for Expert Opinion)

Article 222 (Inquest of Unnaturally Deceased Persons)

Article 223 (Right of Complaint)

Article 224 (Limitation of Complaint)

Article 225 (Complainants Who are Not Victims)

Article 226 (Idem)

Article 227 (Idem)

Article 228 (Designation of Complainant)

Article 229 (Complaint by Spouse)

Article 230 (Period of Complaint)

Article 231 (Several Complainants)

Article 232 (Revocation of Complaint)

Article 233 (Effects of Complaint and its Revocation against Co-defendants)

Article 234 (Accusation)

Article 235 (Limitation of Accusation)

Article 236 (Accusation by Proxy)

Article 237 (Methods of Complaint or Accusation)

Article 238 (Complaint or Accusation and Measures taken by Judicial Police Officer)

Article 239 (Applicable Mutatis Mutandis Provisions)

Article 240 (Self-Denunciation and Applicable Provisions)

Article 241 (Interrogation of Suspect)

Article 242 (Matters concerning Interrogation of Suspect)

Article 243 (Interrogation of Suspect and Attendant)

Article 244 (Formation of Protocol concerning Interrogation of Suspect)

Article 245 (Cross Examination)

CHAPTER Ⅱ PUBLIC PROSECUTION

Article 246 (Public Prosecution by State)

Article 247 (Discretionary Indictment and Indivisibility of Public Prosecution)

Article 248 (Effect of Public Prosecution)

Article 249 (Limitation Periods)

Article 250 (Two or More Penalties and Period for Indictment)

Article 251 (Increase or Decrease of Penalty and Limitation Periods)

Article 252 (Commencement of Limitation Periods)

Article 253 (Suspension of Limitation Period and Its Effect)

Article 254 (Method of Instituting Public Prosecution and Indictment)

Article 255 (Withdrawal of Public Prosecution)

Article 256 (Commitment to Other Jurisdiction)

Article 256-2 (Transfer of Cases to Prosecutors of Military Court)

Article 257 (Case upon Complaint)

Article 258 (Disposition to Complainant)

Article 259 (Notice not to Institute Public Prosecution by Public Prosecutor)

Article 260 (Request for Ruling)

Article 261 (Disposition by Chief of District Public Prosecutor’s or Its

Article 262 (Ruling for Further Application for Complaint by High Court)

Article 262-2 (Suspension of Period of Limitations for Public Prosecution)

Article 263 (Fiction of Institution of Public Prosecution)

Article 264 (Application by Proxy, and Effect and Rescission of Application Requested by One Person)

Article 265 (Maintenance of Public Prosecution and Appointed Advocate)

CHAPTER Ⅲ PUBLIC TRIAL

Section 1 Preparation of Public Trial and Procedure of Public Trial

Article 266 (Service of Copy of Indictment)

Article 267 (Date of Public Trial)

Article 268 (Assumption of Service of Writ of Summons)

Article 269 (Postponement Period before First Trial)

Article 270 (Change of Date of Public Trial)

Article 271 (Submission of Materials Giving Causes for Absence)

Article 272 (Reference to Public Offices, etc.)

Article 273 (Investigation of Evidence before Date of Public Trial)

Article 274 (Submission of Evidence by Party before Date of Public Trial)

Article 275 (Hearing in Court)

Article 275-2 (Presumption of Innocence)

Article 276 (Attendance of Defendant)

Article 277 (Minor Cases and Absence of Defendant)

Article 277-2 (Refusal of Appearance of Defendant and Trial Proceedings)

Article 278 (Absence of Public Prosecutor)

Article 279 (Procedure Lead of Presiding Judge)

Article 280 (Prohibition of Body Restriction in Court)

Article 281 (Duty of the Defendant to Remain in Court, Court Police)

Article 282 (Obligatory Defense)

Article 283 (Defense Counsel Selected ex officio)

Article 284 (Identification Question)

Article 285 (Opening Statement of Public Prosecutor)

Article 286 (Right of Defendant to State)

Article 286-2 (Ruling on Summary Trial Procedures)

Article 286-3 (Cancellation of Ruling)

Article 287 (How to Examine Defendant)

Article 288 Deleted.

Article 289 (Refusal of Statement by Defendant)

Article 290 (Examination of Evidence)

Article 291 (Examination of Evidence)

Article 292 (Method of Examination of Witness)

Article 293 (Opinion of Defendant after Examination)

Article 294 (Application for Evidence by Party)

Article 294-2 (Right of Victim to State)

Article 295 (Ruling on Application for Evidence)

Article 296 (Objection on Examination of Evidence)

Article 297 (Withdrawal from Court)

Article 297-2 (Examination of Evidences in Summary Trial Procedures)

Article 298 (Changes in Indictment)

Article 299 (Restriction of Oral Proceedings)

Article 300 (Separate or Joint Oral Proceedings)

Article 301 (Renewal of Proceedings)

Article 301-2 (Cancellation on Summary Trial Procedure and Renewal of Proceedings)

Article 302 (Opinion of Public Prosecutor after Examination of Evidence)

Article 303 (Last Statement of Defendant)

Article 304 (Objection on Disposition by Presiding Judge)

Article 305 (Re-Opening of Oral Proceedings)

Article 306 (Suspension of Procedures of Public Trial)

Section 2 Evidence

Article 307 (General)

Article 308 (Principle of Free Evaluation of Evidence)

Article 309 (Probative Value of Confession Caused by Duress, etc.)

Article 310 (Evidence against Defendant)

Article 310-2 (Hearsay Evidence and Limitation of Probative Value of Evidence)

Article 311 (Protocols of Court or Judge)

Article 312 (Protocol Prepared by Public Prosecutor or Judicial Police Officer)

Article 313 (Statement, etc.)

Article 314 (Exception to Probative Value of Evidence)

Article 315 (Documents Admitted ipso facto Evidence)

Article 316 (Statement of Hearsay)

Article 317 (Voluntary Statements)

Article 318 (Agreement of Parties and Probative Value of Evidence)

Article 318-2 (Evidence by Which Probative Value of Testimony may be Argued)

Article 318-3 (Exceptions to Probative Value of Evidence in Summary Trial Procedures)

Section 3 Judgment of Trial

Article 319 (Judgment of Incompetence)

Article 320 (Incompetency of Territorial Jurisdiction)

Article 321 (Pronouncement of Punishment and Matters to be Pronounced)

Article 322 (Remission of Penalty and Judgment of Suspension of Pronouncement of Punishment)

Article 323 (Reason to be indicated in Judgment)

Article 324 (Notice of Appeal)

Article 325 (Judgment of Not Guilty)

Article 326 (Judgment of Acquittal)

Article 327 (Judgment Dismissing Public Prosecution)

Article 328 (Ruling Dismissing Public Prosecution)

Article 329 (Withdrawal of Public Prosecution and Reinstitution of Public Prosecution)

Article 330 (Judgment without Oral Statement of Defendant)

Article 331 (Pronouncement of Judgment of “Not Guilty” and Effect of Warrant of Detention)

Article 332 (Pronouncement of Confiscation and Article Seized)

Article 333 (Returning of Property, Obtained though Crimes against Property, under Seizure)

Article 334 (Judgment of Provisional Payment)

Article 335 (Procedure for Rescission of Suspension of Execution)

Article 336 (Procedure to be Determined in Concurrent Crime)

Article 337 (Judgment of Extinction of Punishment)

PART Ⅲ APPEALS

CHAPTER Ⅰ COMMON PROVISIONS

Article 338 (Person Entitled to Lodge Appeal)

Article 339 (Persons Entitled to lodge Appeal against Ruling)

Article 340 (Appeal Lodged by Person Other than Parties)

Article 341 (Appeal Lodged by Person Other than Parties)

Article 342 (Appeal against Part of Decision)

Article 343 (Period of Appeal)

Article 344 (Special Regulation for Person in Prison or Detention House)

Article 345 (Recovery of Right to Appeal)

Article 346 (Form of Application for Recovery of Right of Appeal)

Article 347 (Immediate Appeal for Recovery of Right of Appeal)

Article 348 (Application for Recovery of Appeal and Suspension of Execution)

Article 349 (Waiver and Withdrawal of Appeal)

Article 350 (Dismissal of Appeal and Consent of Legal Representative)

Article 351 (Withdrawal of Appeal and Consent of Defendant)

Article 352 (Method of Waiver of Appeal)

Article 353 (Jurisdiction on Waiver of Appeal)

Article 354 (Prohibition to Re-appeal after Waiver)

Article 355 (Special Regulation for Defendant in Prison)

Article 356 (Waiver, Relinquishment of Appeal and Notice to Party)

CHAPTER Ⅱ APPEAL FROM JUDGMENT BY TRIAL COURT

Article 357 (Judgment Subject to Appeal)

Article 358 (Time-Limit for Appeal)

Article 359 (Method of Appeal)

Article 360 (Ruling on Dismissal of Appeal by Original Court)

Article 361 (Delivery of Records of Trial and Real Evidence)

Article 361-2 (Acceptance of Proceeding Records and Notification thereof)

Article 361-3 (Statement of Reasons for Appeal and Answer)

Article 361-4 (Ruling Dismissing Appeal)

Article 361-5 (Reasons for Appeal)

Article 362 (Ruling on Dismissal of Appeal)

Article 363 (Ruling on Dismissal of Public Prosecution)

Article 364 (Judgment by Appeal Court)

Article 364-2 (Quashing Judgment for Co-defendant)

Article 365 (Presence of Defendant)

Article 366 (Return of Case to Original Court)

Article 367 (Transfer of Case to Competent Court)

Article 368 (Prohibition of Judgment Disadvantageous to Defendant)

Article 369 (What must be Stated in Text of Appeal Judgment)

Article 370 (Applicable Mutatis Mutandis Provisions)

CHAPTER Ⅲ APPEAL TO THE SUPREME COURT

Article 371 (Judgment Subject to Appeal)

Article 372 (Direct Appeal to the Supreme Court from District Court)

Article 373 (Appeal to High Court and Direct Appeal to the Supreme Court from District Court)

Article 374 (Period Allowed for Appeal)

Article 375 (Method of Request Appeal)

Article 376 (Ruling on Dismissal of Appeal by Original Court)

Article 377 (Delivery of Records of Trial and Real Evidence)

Article 378 (Receiving Records of Proceedings and Notification)

Article 379 (Statement of Reasons of Appeal and Written Answer)

Article 380 (Ruling of Dismissal of Appeal)

Article 381 (Ruling of Dismissal of Appeal)

Article 382 (Ruling of Dismissal of Appeal)

Article 383 (Reasons of Appeal)

Article 384 (Scope of Investigation)

Article 385 Deleted.

Article 386 (Qualification of Defense Counsel)

Article 387 (Ability of Argument)

Article 388 (Form of Argument)

Article 389 (Absence, etc. of Defense Counsel)

Article 389-2 (Summon of Defendant)

Article 390 (Judgment by Examination of Documents)

Article 391 (Quashing of Original Judgment)

Article 392 (Quashing for Co-Defendant)

Article 393 (Dismissal of Public Prosecution and Judgment of Returning)

Article 394 (Recognition of Jurisdiction and Judgment of Transfer)

Article 395 (Jurisdiction Erroneously Refused)

Article 396 (Judgment of Quashing)

Article 397 (Return or Transfer to Original Court)

Article 398 (Form of Entry of Decision of Document)

Article 399 (Applicable Provisions)

Article 400 (Request for Amendment of Judgment)

Article 401 (Judgment for Amendment)

CHAPTER Ⅳ APPEAL FROM RULING

Article 402 (Judgment Subject to Appeal)

Article 403 (Appeal from Ruling Prior to Judgment)

Article 404 (Time to File Ordinary Appeal)

Article 405 (Period Allowed for Immediate Appeal)

Article 406 (Procedure of Appeal)

Article 407 (Ruling of Dismissal of Appeal by Original Court)

Article 408 (Ruling of Renewal by Original Court)

Article 409 (Suspension of Execution and Ordinary Appeal)

Article 410 (Immediate Appeal and Effect of Suspension of Execution)

Article 411 (Delivery of Records of Proceedings)

Article 412 (Statement by Public Prosecutor)

Article 413 (Ruling of Dismissal of Appeal)

Article 414 (Dismissal of Appeal and Recognition of Reasons for Appeal)

Article 415 (Re-Appeal)

Article 416 (Quasi-Appeal)

Article 417 (Idem)

Article 418 (Form of Quasi-Appeal)

Article 419 (Applicable Provisions)

PART Ⅳ SPECIAL PROCEEDINGS OF TRIAL

CHAPTER Ⅰ REOPENING OF PROCEDURE

Article 420 (Reopening of Procedure)

Article 421 (Reopening of Procedure)

Article 422 (Evidence in Finally Binding Judgment)

Article 423 (Jurisdiction over Reopening of Procedure)

Article 424 (Persons Entitled to Request Reopening Procedure)

Article 425 (Reopening of Procedure to be Requested only by Public Prosecutor)

Article 426 (Selection of Defense Counsel)

Article 427 (Time to Request Reopening of Procedure)

Article 428 (Reopening of Procedure and Effect of Suspension of Execution)

Article 429 (Withdrawal of Request for Reopening of Procedure)

Article 430 (Special Regulation)

Article 431 (Investigation of Fact)

Article 432 (Ruling for Reopening of Procedure and Opening of Party)

Article 433 (Ruling of Dismissal of Request)

Article 434 (Ruling of Dismissal of Request)

Article 435 (Ruling for Commencing Reopening of Procedure)

Article 436 (Concurrence of Request and Ruling of Dismissal of Request)

Article 437 (Immediate Appeal)

Article 438 (Judgment for Reopening of Procedure)

Article 439 (No Imposition of Heavier Punishment)

Article 440 (Notification of Judgment “Not Guilty”)

CHAPTER Ⅱ EXTRAORDINARY APPEAL

Article 441 (Reasons for Extraordinary Appeal)

Article 442 (Form of Extraordinary Appeal)

Article 443 (Date for Public Trial)

Article 444 (Sphere of Investigation and Investigation of Facts)

Article 445 (Judgment of Dismissal)

Article 446 (Judgment of Quashing)

Article 447 (Effect of Judgment)

CHAPTER Ⅲ SUMMARY PROCEDURE

Article 448 (Issuance of Summary Order)

Article 449 (Demand for Summary Order)

Article 450 (Ordinary Adjudication)

Article 451 (Form of Summary Order)

Article 452 (Notification of Summary Order)

Article 453 (Demand for Formal Trial)

Article 454 (Withdrawal of Demand for Formal Trial)

Article 455 (Ruling of Dismissal)

Article 456 (Nullification of Summary Trial)

Article 457 (Effect of Summary Trial)

Article 457-2 (Prohibition of Judgment Disadvantageous to Defendant)

Article 458 (Applicable Mutatis Mutandis Provisions)

PART Ⅴ EXECUTION OF DECISION

Article 459 (Final Binding and Execution of Trial)

Article 460 (Conduct of Execution)

Article 461 (Method of Conduct of Execution)

Article 462 (Order of Execution of Penalty)

Article 463 (Execution of Death Penalty)

Article 464 (Final Judgment of Death and Submission of Records of Proceedings)

Article 465 (Time to Order Execution of Death Penalty)

Article 466 (Period of Execution of Death Penalty)

Article 467 (Presence in Execution of Death Penalty)

Article 468 (Protocol of Execution of Death Penalty)

Article 469 (Suspension of Death Penalty)

Article 470 (Suspension of Execution of Punishment Other than Death Penalty)

Article 471 (Idem)

Article 472 (Suspension of Execution of Costs of Trial)

Article 473 (Summon for Execution)

Article 474 (Method and Effect of Warrant of Execution of Penalty)

Article 475 (Execution of Warrant of Execution of Penalty)

Article 476 (Execution of Penalty concerning Qualification)

Article 477 (Execution of Penalty concerning Property)

Article 478 (Execution for Estate of Inheritance)

Article 479 (Execution for Juristic Person after Amalgamation)

Article 480 (Arrangement of Execution of Provisional Payment of Deten tion)

Article 481 (Execution of Provisional Payment and Execution of Principal Punishment)

Article 482 (Calculation in Number of Detention Days Pending Judgment after Appeal)

Article 483 (Disposition of Goods Confiscated)

Article 484 (Delivery of Goods Confiscated)

Article 485 (Indication of Forgery)

Article 486 (Incapable Payment and Notification)

Article 487 (Application for Exemption of Costs of Trial)

Article 488 (Request for Doubt)

Article 489 (Request for Objection)

Article 490 (Withdrawal of Requests)

Article 491 (Immediate Appeal)

Article 492 (Execution of Detention in Labor House)

Article 493 (Costs of Execution to be Charged)

ADDENDA

ADDENDA<Act No. 705, Sep. 1, 1961>

ADDENDA<Act No. 1500, Dec. 13, 1963>

ADDENDA<Act No. 2450, Jan. 25, 1973>

ADDENDUM<Act No. 2653, Dec. 20, 1973>

ADDENDUM<Act No. 3282, Dec. 18, 1980>

ADDENDA<Act No. 3955, Nov. 28, 1987>

ADDENDA<Act No. 4796, Dec. 22, 1994>

ADDENDA<Act No. 5054, Dec. 29, 1995>

ADDENDA<Act No. 5435, Dec. 13, 1997>

ADDENDUM<Act No. 5454, Dec. 13, 1997>

ADDENDA<Act No. 6627, Jan. 26, 2002>

ADDENDA<Act No. 7078, Jan. 20, 2004>