TRIAL OF SMALL CLAIMS ACT
Act No. 2547, Feb. 24, 1973
Amended by Act No. 2821, Dec. 31, 1975
Act No. 3246, Jan. 4, 1980
Act No. 4205, Jan. 13, 1990
Act No. 5166, Nov. 23, 1996
Act No. 6410, Jan. 29, 2001
Act No. 6630, Jan. 26, 2002
Act No. 7427, Mar. 31, 2005
Act No. 19281, Mar. 28, 2023
The purpose of this Act is to prescribe special cases of the Civil Procedure Act for the purpose of dealing with small civil claims rapidly by using simple procedures in district courts and their branch courts. [This Article Wholly Amended on Mar. 28, 2023]
| Article 2 (Scope of Application) |
| (1) | This Act shall apply to civil cases prescribed by the Supreme Court Regulations (hereinafter referred to as the "small claims") among cases under the jurisdiction of district courts and their branch courts. |
| (2) | Except as otherwise prescribed in this Act, the provisions of the Civil Procedure Act shall apply to small claims. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 3 (Final Appeal and Reappeal) |
A final appeal or reappeal against a judgment to the Supreme Court, the decision or order on small claims rendered by a collegiate division of a district court as the second instance, shall be made only in any of the following cases:
| 1. | Where the decision on the constitutionality of statutes, orders, regulations or dispositions and the decision on the legality of orders, regulations or dispositions are deemed unfair; |
| 2. | Where the decision is in contravention of the judicial precedents of the Supreme Court. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 4 (Institution of Action by Oral Statement) |
| (1) | An action may be instituted by oral statements. |
| (2) | When making a request orally, the applicant shall make a statement in the presence of a court official of Grade Ⅳ, Ⅴ, Ⅵ, or Ⅶ (hereinafter referred to as "court official of Grade Ⅴ, etc."). |
| (3) | In cases falling under paragraph (2), a court official of Grade Ⅴ, etc. shall prepare a protocol specifying the request for conciliation, and write his or her name and affix his or her seal thereto. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 5 (Institution of Action by Voluntary Appearance) |
| (1) | Both parties may appear in the court voluntarily, and plead for an action. |
| (2) | In the case of paragraph (1), the institution of an action shall be made by oral statements. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 5-2 (Restriction of Partial Claim) |
| (1) | With respect to a claim for the purpose of payment of a fixed quantity, such as money, other fungibles, or securities, a creditor shall not partition and request only part of his or her claim, so as to qualify the claim under this Act. |
| (2) | A claim infringing the provisions of paragraph (1) shall be dismissed by a court judgement. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 5-3 (Recommendation of Performance by Decision) |
| (1) | A court may, in case where an action is instituted, recommend the defendant to perform according to the gist of claim, by annexing a duplicate of bill or a transcript of protocol for the institution of action by a decision; provided, this shall not apply in any of the following subparagraphs: |
| 1. | Where it has switched over to the procedure for instituting an action from the procedure for urging or arbitration; |
| 2. | Where gist or count of the claim is obscure; |
| 3. | Where it is deemed to be improper to recommend a performance. |
| (2) | On a decision on performance recommendation, the parties concerned, legal representative, gist and count of claim, and performance items shall be written, and a possibility for the defendant to file an objection and the purport of validity of decision on performance recommendation shall be written in addition. |
| (4) | Notwithstanding paragraph (3), where the transcript of a decision on performance recommendation may not be forwarded to the defendant unless relying upon the methods as stipulated in Articles 187 and 194 through 196 of the Civil Procedure Act, a court shall without delay designate a legal date for pleading. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 5-4 (Objection against Decision on Performance Recommendation) |
| (1) | The defendant may, within 2 weeks from the date of receiving a transcript of a decision on performance recommendation, file an objection in writing; provided, he or she may file an objection even before receiving such a transcript. |
| (2) | The period under the main sentence of paragraph (1) shall be an immutable term. |
| (3) | Where an objection is filed under paragraph (1), a court shall designate a legal date for pleading without delay. |
| (4) | The defendant who has filed an objection may withdraw the objection not later than before the pronouncement of judgment of first instance. |
| (5) | Where the defendant has filed an objection, he or she shall be regarded as disputing the averment of the claimant. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 5-5 (Dismissal of Objection) |
| (1) | Where deemed that an objection is not legal, a court shall dismiss it by a decision unless such a defect may be revised. |
| (2) | An immediate appeal may be made against a ruling under paragraph (1). |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 5-6 (Further Supplement to Objection) |
| (1) | Where the defendant has been unable to file an objection within the term under the main sentence of Article 5-4 (1) due to unavoidable reasons, he or she may make a further supplement to his or her objection within 2 weeks after such reasons vanish; provided, for the defendant who is in a foreign country when such reasons vanish, he or she may make a further supplement to his or her objection within 30 days. |
| (2) | The defendant shall, concurrently with filing an objection, make a clear explanation in writing on the reasons for such further supplements. |
| (3) | Where deemed that the reasons for further supplements are groundless, a court shall dismiss such an objection by its decision. |
| (4) | An immediate appeal may be made against a ruling under paragraph (3). |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 5-7 (Validity of Decision on Performance Recommendation) |
| (1) | A decision on performance recommendation shall be valid equal to an irrevocable judgment in any of the following subparagraphs: |
| 1. | Where the defendant fails to file an objection within the term under the main sentence of Article 5-4 (1); |
| 2. | When the decision to dismiss objections becomes final and conclusive; |
| 3. | When an objection is withdrawn. |
| (2) | Where the decision on performance recommendation becomes valid equal to an irrevocable judgment, the court official of Grade Ⅴ, etc. shall forward the authentic copy of the decision on performance recommendation to the claimant. |
| (3) | The decision on performance recommendation which does not fall under any of the subparagraphs of paragraph (1) shall lose its validity when the pronouncement of judgment is made at the court of first instance. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 5-8 (Special Cases concerning Compulsory Execution Based upon Decision on Performance Recommendation) |
| (1) | A compulsory execution based upon the decision on performance recommendation shall be conducted by the authentic copy of the decision on performance recommendation under Article 5-7 (2), without obtaining a delivery of the written execution; provided, this shall not apply to the case falling under any of the following subparagraphs: |
| 1. | Where a condition is attached to the execution of a decision on performance recommendation; |
| 2. | Where a compulsory execution is made for a successor to the parties concerned; and |
| 3. | Where a compulsory execution is made on a successor to the parties concerned. |
| (2) | The court official of Grade Ⅴ, etc. shall issue the authentic copy of the decision on performance recommendation to a claimant and state the reasons thereof in the original copy and the authentic copy individually in any of the following cases: |
| 1. | Where the claimant has applied for multiple copies of the decision on performance recommendation; |
| 2. | Where the claimant fails to return the authentic copy of the decision on performance recommendation and requests for another authentic copy thereof. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 6 (Service of Complaint) |
The duplicate of complaint or the transcript of protocol for the institution of an action shall be served without delay on the defendant; provided, where the duplicate of a decision on performance recommendation is forwarded to the defendant, the duplicate of complaint or the transcript of protocol for the institution of an action shall be considered to have been forwarded.
[This Article Wholly Amended on Mar. 28, 2023]
| Article 7 (Designation of Legal Date) |
| (2) | The judge shall, in the case of paragraph (1), endeavor to finish the trial with only 1 legal date for pleading, as fast as possible. |
| (3) | For achieving the goal under paragraph (2), the judge may take necessary steps, such as having the party concerned file an application for evidence, etc. even before the legal date for pleading. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 7-2 (Opening of Trial on Public Holidays or at Night) |
A judge may, if necessary, open a court after office hours and on public holidays.
[This Article Wholly Amended on Mar. 28, 2023]
| Article 8 (Special Provisions on Attorney) |
| (1) | A spouse, lineal relative by blood, or brother and sister of the party concerned may be an attorney without permission of the court. |
| (2) | The attorney under paragraph (1) shall prove in writing his or her status relationship and authorization relationship to the parties concerned; provided, this shall not apply where, in connection with authorization relationship, the party concerned appoints an attorney under paragraph (1) in the presence of the judge by an oral statement, and the court official of Grade Ⅴ, etc. records this relationship in the protocol. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 9 (Special Provisions in Hearing Procedure) |
| (1) | When it is evident that a claim has no reason in the light of the complaint, pleadings and other records of trial, a court may dismiss the claim without oral proceedings. |
| (2) | Although there may be a change of judge, a court may render a decision without a renewal of the oral proceedings. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 10 (Special Provisions on Examination of Evidence) |
| (1) | If a judge deems it necessary, he or she may conduct an examination of evidence ex officio. In such cases, the judge shall hear the opinions of the parties concerned in connection with the results of an examination of evidence. |
| (2) | Witnesses shall be examined by a judge; provided, the parties concerned may notify the judge and examine the witnesses. |
| (3) | If the judge deems it suitable, he or she may have the parties concerned submit papers in lieu of an examination of a witness and appraiser. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 11 (Record Omission of Protocol) |
| (1) | Matters to be entered in the protocol may be omitted if the judge permits so; provided, it may not be omitted if there is an objection by the parties. |
| (2) | The main sentence of paragraph (1) shall not apply to observance, compromise, compliance, renunciation, withdrawal, and confession of provisions on the method of pleading. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 11-2 (Special Cases on Judgment) |
| (1) | A judicial sentence may be announced immediately after the closing of pleading. |
| (2) | In pronouncing a decision, a judge shall read the text of the judgement and explain the gist of the reason for such decision orally, to the extent that the text of the judgement can be recognized to be fair and just. |
| (3) | Notwithstanding Article 208 of the Civil Procedure Act, a written judgement may not contain reasons; provided, the court shall endeavor to include in the reasons for the judgment the matters necessary to specify the claim and the gist of the judgment regarding means of offence and defense that supports that the text of the judgement is fair and just in any of the following cases: |
| 1. | Where the objective extent of res judicata varies depending on the reasons for judgment; |
| 2. | Where it is necessary to clearly present the grounds for calculation in a case of dismissing part of a claim; |
| 3. | Where it is necessary to explain the parties involved, such as cases where the issues of litigation are complex and disputes over the other party's allegations or other means of offence and defense are substantial. |
[This Article Wholly Amended on Mar. 28, 2023]
| Article 12 Deleted. <Mar. 13, 1990> |
| Article 13 Deleted. <Mar. 13, 1990> |
| Article 14 Deleted. <Mar. 13, 1990> |
| Article 15 Deleted. <Nov. 23, 1996> |
| Article 16 (Enforcement Regulations) |
Matters necessary for the enforcement of this Act shall be prescribed by the Supreme Court Regulations.
[This Article Wholly Amended on Mar. 28, 2023]
ADDENDA <Act No. 2447, Feb. 24, 1973>
| (1) | (Enforcement Date) This Act shall enter into force on September 1, 1973. |
| (2) | (Transitional Measures) This Act shall apply to cases of small claims pending in the district courts and the branch courts of a district court at the time when this Act enters into force, provided, this shall not influence the effect of any procedural act before the enforcement of this Act. |
| (3) | (Idem) A final appeal or reappeal pending in the Supreme Court at the time when this Act enters into force, shall be dealt with by reference to previous cases. |
ADDENDA <Act No. 2821, Dec. 31, 1975>
| (1) | This Act shall enter into force on January 1, 1976. |
| (2) | Precedents shall apply to a case pending at the court as at the time this Act enters into force. |
ADDENDA <Act No. 3246, Jan. 4, 1980>
| (1) | (Enforcement Date) This Act shall enter into force on February 1, 1980. |
| (2) | (Transitional Measures for Cases Pending in Court) Cases pending in the district courts and the branch courts of a district court at the time when this Act enters into force shall be dealt with by reference to previous cases. |
ADDENDUM <Act No. 4205, Jan. 13, 1990>
This Act shall enter into force on September 1, 1990.
ADDENDUM <Act No. 5166, Nov. 23, 1996>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6410, Jan. 29, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6630, Jan. 26, 2002>
This Act shall enter into force on July 1, 2002.
ADDENDA <Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ..... omitted.... the provisions of Article 7 of the Addenda shall enter into force on January 1, 2008. Articles 2 through 8 Omitted.
ADDENDA <Act No. 19281, Mar. 28, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Obligation to Enter Reasons in Written Judgment)
The amended provisions of Article 11-2 (3) shall begin to apply from an action instituted after this Act enters into force.