THE CIVIL PROCEEDINGS ACT OF THE
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
Approved by Resolution No. 18 of the Standing Committee of the Supreme People's
Assembly on January 10, 1976,
amended by Resolution No. 47 of the Standing Committee of the Supreme People's
Assembly on May 25, 1994, and
amended by Decree No. 3369 of the Presidium of the Supreme People’s Assembly
on October 24, 2002
Chapter 1. Fundamentals
Article 1. The Civil Proceedings Act of the Democratic People's
Republic of Korea shall contribute to protecting the civil rights and interests
of the institutions, enterprises, organizations and citizens through activities
of civil litigation.
Article 2. The State shall ensure that activities of civil
litigation be conducted on the principle of properly combining the activeness
of litigants with the responsibility of the court.
Article 3. The State shall provide litigants with litigious
rights and conditions necessary for litigation on an equal footing.
Article 4. The State shall ensure that activities of civil
litigation be conducted by relying on the masses of the people.
Article 5. The State shall ensure that scientific accuracy,
objectivity and prudence be maintained in activities of civil litigation.
Article 6. The Civil Proceedings Act of the DPRK shall apply
to the settlement of disputes as to the civil rights and interests that arise
between institutions, enterprises, organizations and citizens of the DPRK.
This Act shall also apply to the foreign-invested businesses and foreign nationals
in the territory of the DPRK.
Chapter 2. General
Article 7. The questions related to civil cases shall be
settled by a judgement or a finding of the court.
Article 8. Examination of a civil case shall be conducted,
upon litigation by a litigant, a person interested or the public prosecutor.
Article 9. Examination of civil cases shall be carried on in
the Korean language.
The person who does not speak Korean shall be provided with an interpreter and
the dumb person with a construer.
A foreigner may draw up a document related to the case in his native language.
Article 10. The civil trial shall be open to the public.
If it is necessary to keep a secret of the State or a citizen or if the case
may have a baneful impact on the society, the whole or part of the trial may
be closed to the public.
Even when the trial is not open to the public, the judgement shall be passed
Article 11. After the judgement has been finalized, a litigant
shall not re-start a lawsuit against the same person with the same reason.
Article 12. If a case to be examined at a civil trial has already
been finalized at a criminal trial, the court shall admit it as it stands.
Article 13. If the judge, people's assessor, public prosecutor,
clerk, expert witness, interpreter, construer or their relatives shall be disqualified
for participation in the trial of a case, in which they or their relatives are
interested in the settlement of case.
The judge, people's assessor, public prosecutor, clerk, witness, expert witness,
interpreter and construer shall not undertake one another's assignments in the
Article 14. The judge or people's assessor who have participated
in the first trial of a case shall not be a member of the tribunal that carries
on the first or second trial reexamining the case.
Article 15. The judge and people's assessor who are of kinship
with one another shall not be members of the same court.
Article 16. Where any of Articles 13, 14 and 15 of this Act
is applicable, a litigant may apply to the court for the replacement of the
judge, people's assessor, public prosecutor, clerk, expert witness, interpreter
or construer, as appropriate.
The application shall be made before examination of facts begins. The application
may also be made even if any reason for the replacement of them arises or is
known after examination has begun,
Article 17. If any of Articles 13, 14 and 15 of this Act becomes
applicable, the court shall deal with them in the following ways:
1. If the application for the replacement of the judge of people's assessor
is received, the other members of the tribunal excluding the judge or people's
assessor concerned shall settle the matter by a finding. In this case, the person
concerned shall be replaced if any one of the members agrees to the replacement,
2. If the application for replacing the public prosecutor, clerk, expert witness,
interpreter or construer is received, it shall be settled by a finding.
Article 18. Upon receipt of a civil case, the court shall settle
the case within 2 months if it is a first trial case, and within 1 month if
it is a second trial case or a case of extraordinary appeal, retrial or judges'
Article 19. The period of litigation shall be set by day, month
or year and shall be counted from the day after the reason for counting them
If the period is fixed by day, it shall be due until 24:00 hours of the set
day; if set by month, it shall be due until the same day of the appropriate
month as the day when the reason for counting them arises and, if there is not
such a day, it shall be due until the last day of that month.
If the day when the period expires falls on a national holiday or on Sunday,
the period shall be due on the first working day following the said holiday
Article 20. If a note of litigation or appeal or other litigation
instruments are sent before the period fixed by law expires, it shall be deemed
as having been presented within the set period.
Even after the fixed period has lapsed, the court may extend the period when
there is a justifiable reason.
Article 21. The court expenses shall include the State charges
and stamp cost needed for instruments and so on.
Article 22. Protocols, written judgements and findings shall
be drawn up during the preparation or the proceedings of a trial.
Chapter 3. Parties to a Litigation
Article 23. An institution, enterprise or organization that
receives an independent expenses budget or that is run on the cost-accounting
system, or a citizen may be a litigant.
The institutions, enterprises, organizations and citizens that become litigants
shall exercise their litigious rights properly and discharge their duties creditably.
Article 24. A litigant may explain his arguments, make a necessary
application or express his opinion as to the settlement of the case in the trial.
He may present evidence helpful to the settlement of the case, ask for its investigation
and take part in the investigation.
Article 25. The plaintiff may waive the claim presented by
him or change its scope; and the litigants may make a compromise with one another.
This, however, shall not be applicable in case the plaintiff is an institution,
enterprise or association.
Article 26. If a litigant moves his place of residence (its
seat) after the suit has been brought, he shall inform the court thereof.
Article 27. If a case is raised by a person who is not qualified
for a plaintiff or is raised against a person who is not qualified for a defendant,
the court may replace the said person with a qualified person instead of dismissing
Even if the litigant disagrees to the replacement, it may summon a qualified
person as the plaintiff or defendant.
Article 28. A suit may be brought by one or several litigants
against one or several litigants.
The coplaintiffs or codefendants shall conduct acts of litigation independently
and may leave such acts in the hands of the other coplaintiff or codefendant.
Article 29. A third person who has an independent claim to
the object of the claim in the presented case may start a suit against the litigant
according to the proceedings stipulated in Chapter 6 of this Act and participate
in the trial.
The third person shall have the same rights as the plaintiff.
Article 30. Where a third person is interested in the results
of the trial although he does not have an independent claim to the object of
the claim in the presented case, he may take part in the trial dealing with
the presented case on his request, the application of a litigant or the determination
of the court. In this case, he may not waive, admit or change the claim, make
a compromise with a litigant, or ask for the execution of the judgement or bring
a cross action.
Article 31. If the litigious rights and duties are transferred
to a third person by a contract or in accordance with a decision or instruction
of a competent organ after a suit has been raised or if a litigant is dead,
the litigious rights and duties shall be transferred to the new litigant.
In this case, the acts of litigation that have already been conducted shall
continue to be effective.
Article 32. An institution, enterprise or organization shall
perform acts of litigation through a representative or an attorney.
A citizen shall conduct an act of litigation by himself or through an attorney.
The invalid shall conduct an act of litigation through parents or a guardian.
Article 33. The litigant who wants to conduct an act of litigation
through an attorney shall give a warrant of attorney to the latter.
The attorney in charge of the case shall present the warrant to the court. If
a litigant leaves the act of litigation in the hands of his attorney at the
court, the protocol of trial that records the fact shall take the place of the
Article 34. If a litigant entrusts the attorney with acts of
litigation such as giving up or admitting the claim, making a compromise, or
giving or receiving money and goods, he shall write down them in the warrant.
Article 35. A lawyer, the person who is entrusted by a litigant,
or a legal representative may act as attorney.
A disfranchised person or an invalid shall not act as attorney.
Chapter 4. Evidence
Article 36. Evidence shall comprise a statement of a litigant
or a witness, evidentiary documents, material evidence, the results of expert
assessment and inspection and so on.
The court shall deal with civil cases on the basis of scientific evidence.
Article 37. A litigant shall establish his statements and produce
evidence necessary for such establishment to the court.
When the court regards evidence as insufficient, it may ask the litigant for
Article 38. The court may collect evidence in order to examine
the case correctly.
Article 39. A litigant shall present evidence needed for the
settlement of the case before the trial begins. However, he may produce even
after the trial has begun evidence that is substantially important in settling
Article 40. Evidence produced by a litigant or gathered by
the court may be used as a basis of the judgement and settlement only after
it has been examined and confirmed objectively during examination of facts.
Article 41. When the court has to collect evidence outside
its jurisdiction, it may request the relevant court to do it.
The relevant court shall gather and send the evidence within the period fixed
in the written request.
Article 42. The witness shall be a person who knows important
facts related to the case.
A person who neither understands nor makes him understood because of mental
and other physical disorders shall not act as a witness.
Article 43. The witness may personally write or verbally express
the facts that he knows and, if he finds his statements recorded wrongfully,
he may ask for their revision.
Article 44. The witness shall state the facts he knows in regard
with the case as they stand.
Article 45. The witness who is summoned by the court shall
arrive in time at the venue stated in the writ of summons.
In case the witness fails to make response to the summon of the court, he may
be taken into custody.
Article 46. An institution, enterprise, organization or citizen
shall produce in time evidentiary documents and evidence that are demanded by
If the original documents cannot be produced, the copies shall do. In this case,
they shall be tested by the notary public.
Article 47. When the court needs special knowledge for examination
of case, it may decide to assign an expert assessment.
The written finding shall contain the subjects, contents and period of expert
assessment, and shall state the assessment agency or the expert assessor and
Article 48. Expert assessment shall be entrusted to the professional
When there is no appropriate agency, it may be entrusted to a person who has
a State qualification or professional knowledge in the relevant area.
Article 49. The expert witness may ask the court for evidence
helpful to expert assessment and, when he needs professional knowledge in another
area, he may ask for assistance of an appropriate expert in that area.
With the judge's approval, the expert witness may ask a litigant and a witness
questions needed for expert assessment and may take part in field examination.
Article 50. The expert witness shall carry out his assignment
properly and present a written opinion to the court, and take part in the trial
as required by the court.
Article 51. When the court regards the expert assessment as
being insufficient or as having been done wrongfully, it may decide to have
the expert assessment done again or to entrust it to another expert witness.
Article 52. Where it is necessary, a litigant may ask the court
to preserve as evidence the statements of the witness, evidentiary documents
and material evidence before the trial begins. In this case, the court, if it
considers the request reasonable, shall collect evidence and draw up a protocol.
Chapter 5. Court Jurisdiction
Article 53. The civil trial shall deal with the following
1. Disputes as to property except cases that are to be settled by arbitration
or according to administrative procedures,
3. Claim for expenses of bringing up children and supporting dependants,
4. Confirmation of civil rights and facts of legal importance, and
5. Other cases stipulated to be settled by the civil trial.
Article 54. A people’s court shall judge civil cases outside
the jurisdiction of a court of the province (or municipality directly under
central authority), special court or Central Court.
A court of the province (or municipality directly under central authority) shall
judge the civil cases to which province-level institutions and enterprises or
foreign corporate bodies and foreigners are parties, and may directly judge
or transfer to any other people's court any case that falls under the jurisdiction
of a people's court in the province (or municipality directly under central
The Central Court may directly judge any case or transfer it to any other provincial
(city) court or a people's court.
Article 55. A civil case shall be judged by the court that
has jurisdiction over the defendant's place of residence.
A trial involving several defendants with different places of residence shall
be conducted by the court that exercises jurisdiction over the place of residence
of one of them.
Article 56. Any of the following cases shall be tried by the
court that has jurisdiction over the place of residence of the plaintiff:
1. Claim for property of an institution, enterprise or organization against
2. Claim for expenses of bringing up children and supporting dependants,
3. Claim to compensate for damages to health and risks to life,
4. Cases raised by a mother who has a baby of less than one year or several
5. Cases raised against a prisoner, and
6. Cases raised against a person whose whereabouts is unknown.
Article 57. Any case that arises by a juristic act conducted
by an institution, enterprise or organization shall be tried by the court that
exercises jurisdiction over the place where the juristic act is committed or
where the contract is implemented.
Article 58. Any case involving a claim for real property shall
be tried by the court that has jurisdiction over the place where the said property
Article 59. Any case related to freight transportation that
is raised against a transportation company shall be tried by the court that
exercises jurisdiction over the place where the freight is to arrive or has
arrived or where they have been sent.
Article 60. Any case that arises by a cross action brought
by a litigant or that is raised by a third person against a litigant shall be
tried by the court that has already begun the trial of the original case.
Article 61. Where a court receives a case that is raised in
violation of any of Articles 55, 56, 57, 58 and 59 of this Act, it shall transfer
it to the relevant court.
Any case whose trial has already begun or which has come from another court
shall not be transferred to another court.
Article 62. If it is considered rational that a case that falls
under its jurisdiction is transferred to another court, a people’s court may
send it to the relevant court with approval of the provincial (city) court.
If it intends to send it to a court in another province (or municipality directly
under central authority), it shall gain the Central Court’s approval.
Chapter 6. Institution of a Lawsuit
Article 63. An institution, enterprise, organization or citizen
may bring a suit to the court in order to have its (his) civil rights and interests
The public prosecutor may bring a suit to the court in order to protect the
interests of the State, society and citizens.
Article 64. The person who intends to bring a suit shall present
a note of litigation to the court.
Article 65. The litigation shall be deemed as being raised
on the day when the court receives the note of litigation presented by the litigant.
However, where the note of litigation is sent by mail or as confidential document,
the litigation shall be deemed as being raised on the day when it is posted.
Where documents of litigation other than a note of litigation are sent by mail
or as confidential document, it shall be deemed as being raised on the day when
the note of litigation has been sent.
Article 66. The note of litigation shall state the name of
the court, the name of litigant and his age, sex, workplace, occupation and
address, the content of the claim and facts of evidence.
Article 67. The followings shall be appended to the note of
1. Copies of litigation notes corresponding to the number of defendants,
2. Document of attestation of the notary’s office in a case dealing with a person
whose whereabouts is unknown,
3. List of properties in case of a claim for the distribution of property,
4. Warrant where the case is brought by an attorney,
5. Stamps for the delivery of documents, and
6. Receipt certifying the payment of the State charges.
Article 68. The following cases may be brought to court without
paying the State charges:
1. Claims for the expenses of bringing up children and supporting dependants,
2. Claims for compensation for damages to health and risks to life,
3. Claims for damages caused by acts of crime, and
4. Cases raised by the public prosecutor.
Article 69. The defendant may bring a cross action against
The cross action shall be brought in accordance with Articles 64, 66 and 67
of this Act before the trial begins. However, it may be instituted even after
the trial has begun, depending on the nature of the case.
Article 70. The court shall examine the note of litigation
presented by the plaintiff and, if it finds it not sufficient to conform to
Articles 66 and 67 of this Act, it shall give an appropriate period for the
plaintiff to correct the errors.
Where the errors are corrected within the fixed period, the litigation shall
be admitted as having been brought on the day when the court has first received
the note of litigation. However, if they fail to be revised within the fixed
period, the note shall be sent back.
Article 71. If the lawsuit falls under any of the categories
specified in Article 86 of this Act, the court shall dismiss the institution
of a lawsuit.
Article 72. If a litigant is aggrieved at rejection or dismissal
of his note of litigation by the court, he may present a complaint to a higher
court within 10 days.
The court shall settle the case within 10 days of receiving the complaint.
Article 73. The court may, with its own determination or on
the request of a litigant, incorporate or divide the case according to its nature.
Chapter 7. Preparations for Trial
Article 74. Preparations for trial shall be made in order
to deal with civil cases quickly and properly.
The preparations shall be made by the judge who is in charge of the case.
Article 75. The judge shall send a copy of the note of litigation
presented by the plaintiff to the defendant within 2 days and shall ask him
to present a defense within 3 days from the day when he receives the copy.
A copy of the defense shall be sent to the plaintiff within 5 days from the
day when it is received.
Article 76. During preparation, the judge shall collect evidence
needed for the settlement of the case and solve procedural issues related to
the handling of the case.
Article 77. The judge may meet a litigant for the sake of preparations.
Where the litigant avoids trial or cause hindrance to the settlement of the
case, a finding on holding him in custody may be passed.
Article 78. The judge may request an expert assessment and
conduct on-the-spot investigation during preparations. However, he may not verify
facts by meeting witnesses face-to-face.
Article 79. The judge may carry out on-the-spot investigation
Litigants and persons concerned may be allowed to participate in on-the-spot
investigation, and two observers shall be present.
Article 80. Whenever the judge gathers evidences or carries
out on-the-spot investigation, he shall draw up a protocol.
The protocol shall describe the state of the scene at that time, characteristics
and results of the investigation in the order of the investigation, and a rough
sketch, photographs, video recordings, etc. may be added.
Article 81. The judge may, at any time during the period from
the institution of the case to the making of the judgement, make a finding ordering
that property of the defendant be held on security, according to the application
of a litigant or by his own determination.
Such order shall be given when it is considered impossible to execute the judgement
without the property in question.
The finding on the holding of the property on security shall be carried out
by the executor of the relevant court.
Article 82. If the holding of property on security is considered
to be unnecessary or to be wrong, it shall be cancelled or dismissed by a finding.
Article 83. If any of the following conditions is created during
preparations, the judge shall announce the suspension of preparations by a finding:
1. When a litigant is dead,
2. When the institution, enterprise or organization that is a litigant is dissolved,
3. When the case is impossible to be settled until another case that is being
dealt with by trial, arbitration or through administrative procedures is settled,
4. When the act of litigation is impossible to be continued because of occurrence
of a special circumstance.
Article 84. The court shall decide to continue preparations
and resume them according to the application of a litigant or by its own determination
within 3 months after preparations are suspended according to section 1 or 2
of Article 83, or after the circumstances that caused the suspension of preparations
according to section 3 or 4 of the same article has disappeared.
Article 85. Where the plaintiff waives his claim or the litigants
request dismissal of litigation on the basis of compromise made between them,
the judge shall approve it by a finding if it does not go counter to law.
Article 86. The court shall dismiss the following cases by
1. Cases that should be dealt with by arbitration or through administrative
2. Cases on which the conclusive judgement or finding has been passed,
3. Cases in which a person who cannot be a litigant is the plaintiff and such
a person cannot be replaced with a qualified person,
4. Cases in which a litigant is dead and his rights and duties cannot be transferred
to any other person,
5. Cases that are raised against a soldier or a non-commissioned officer of
the Korean People’s Army and the Korean People’s Security Forces,
6. Cases of divorce which involve women who are pregnant or who bring up children
under the age of 1, and
7. Cases of divorce raised in less than 1 year after the judgement or finding
of the court on divorce has been passed.
Article 87. If he disagrees with the finding of dismissal of
the case during preparations for trial, the litigant may appeal to a higher
court within 10 days after receipt of the tenor of the finding.
Article 88. If the judge believes that preparations have been
made sufficiently, he shall decide to transfer the case to the trial.
The written finding shall state the date and venue of the trial, witnesses and
expert witnesses, and whether it will be open or closed to the public.
Article 89. The judge shall inform the public prosecutor, the
litigants and other persons concerned of the date and venue of the trial 7 days
before the trial begins.
Article 90. The court shall give notices related to acts of
litigation, including a notice of the date of trial, by letter and shall deliver
documents of litigation directly to the person concerned or send them by mail.
Article 91. The judge shall draw up a protocol describing acts
conducted during preparations for trial.
If necessary, he may let the clerk participate in preparations to draw up a
Chapter 8. Trial
Article 92. The trial shall be conducted by the court consisting
of the chief judge or judge and two people’s assessors.
If the case has been raised with regard to the claim for divorce from a person,
who is functionally disabled, whose whereabouts are certain or who has been
sentenced to reformatory labour, to the execution of the judgement, finding
of an award of the external economic arbitration, or to the notarial work, the
judge may conduct the trial alone.
The clerk shall take part in the trial.
Article 93. The trial of a case shall be conducted by the members
of the same court.
If a member of the court is replaced during the trial, the trial shall re-start.
Article 94. The public prosecutor shall take part in the trial.
However, the trial may proceed even when he is not present.
Article 95. The chief judge shall direct the trial and behaviors
of the litigants so as to find out the real truth of the case and control them
to maintain order.
Article 96. The chief judge shall announce the beginning of
the trial and identify the litigants.
Article 97. If a litigant is absent, the trial shall be postponed.
If the defendant fails to be present without appropriate reasons even after
he is summoned to the court twice or if he requests the court to conduct the
trial in his absence, the trial may be conducted in the absence of one party,
the defendant or the person who has raised the case.
If the defendant fails to be present at the court without appropriate reasons
even after he is summoned to the court twice or requests the court to conduct
the trial in his absence, the trial may be conducted in the absence of the defendant
or a litigant.
In this case, the litigation may be made again.
Article 98. The chief judge shall let the litigants know their
litigious rights and duties.
Article 99. The chief judge shall confirm the presence of the
witness, expert witness, interpreter and construer.
If the witness and expert witness are absent, he shall ask the public prosecutor
and the litigants of their opinions and may continue or postpone the trial.
If the interpreter and construer are not present, the trial shall be postponed.
Article 100. The chief judge shall introduce to the litigants
the members of the court, public prosecutor, clerk, expert witness, interpreter
and construer, ask them if they have an opinion of replacing them and settle
the problems raised.
Article 101. The chief judge shall ask the litigant if he has
any new evidence to produce, wants any other witness summoned or has anything
to ask for, and shall meet his request if there is any.
Article 102. If new evidence is required by the litigant to
be collected, which is complicated and takes a lot of time, the chief judge
shall postpone the trial by a finding.
Article 103. The chief judge shall announce the beginning of
examination of facts and then let the plaintiff make a statement and the defendant
make a defense.
Article 104. The court shall ask the public prosecutor of his
opinion and set the order of examination.
Article 105. Hearing of the litigants shall be done in the
order of the chief judge, people’s assessors and public prosecutor and, when
it is over, the litigants shall start cross-question.
The expert witness may put questions to a litigant with the chief judge’s approval.
Article 106. Hearing of the witnesses shall be conducted by
calling one person after another to the box.
The chief judge shall first ask the witness if the latter is the witness and
what relations he has with the litigant and shall tell him that, if he makes
false statements, he shall be responsible for that before the law, and then
shall let him state the facts he knows about the case.
Article 107. When the witness finishes his statements, the
chief judge shall let the litigant who has asked for examination of the said
witness put questions first and then allow the other litigant to put questions.
Other persons related to the litigation may ask questions to the witness with
the chief judge’s approval.
The court may hear the witness who has been previously examined in front of
another witness or may conduct a face-to-face examination.
Article 108. If a minor is called to the box as a witness,
the court shall make his parents, guardian, teacher or some other patron attend.
Article 109. Where the trial is to be postponed, the court
may decide to examine the witness present and not to summon him to the next
Article 110. The witness shall not leave the set venue until
the trial comes to an end. Where necessary, after asking the opinion of the
litigants, the chief judge may release the witness, who has already been examined
before the trial comes to a close.
Article 111. When the court has collected evidence or examined
the witness according to Articles 41 and 52, it shall read and check the protocol
describing it in examination of facts.
Article 112. If the facts are made clear, the court may discontinue
examination of the witness after asking the litigants and public prosecutor
of their opinions.
Article 113. Hearing of the expert witness shall be conducted
in such a way as identifying him, allowing him to describe the results of expert
assessment and putting questions to him.
The litigant may address questions to the expert witness with the chief judge’s
If the expert witness is absent, the hearing shall be done by reading and examining
the written expert opinion.
Article 114. If expert assessment is required to be made or
re-made during examination of facts, the court shall suspend the trial and decide
to seek an expert opinion.
Article 115. Examination of evidence and evidentiary documents
shall be conducted by listening to the appropriate litigant and questioning
him with the said documents put out at the venue of the trial.
Article 116. The chief judge, when authorized by the court,
may investigate the scene or confirm the material evidence on the scene during
the trial. In this case a protocol shall be drawn up, and it shall be examined
in the trial in order for it to be used as a basis of the judgement and finding.
Article 117. If any circumstance pointed out in Articles 83,
85 or 86 arises during the trial, the court shall examine it and pass an appropriate
finding on it.
Article 118. When a divorce case is on trial, the court shall
also settle the questions of bringing up children and disposing of property.
In case a party to the divorce case requires support for a certain period, the
court shall settle the problem related with the duty of the other party for
supporting the former.
Article 119. The court shall examine the question of court
expenses and their payment.
Article 120. The chief judge shall let the people’s assessors,
public prosecutor and litigants put additional questions.
Article 121. If the truth of the case is considered to have
been revealed fully, the chief judge shall ask the litigants, people’s assessors
and the public prosecutor if they agree to the conclusion of the trial and shall
announce the end of the trial after discussing with the people’s assessors.
Article 122. After examination of facts is over, the chief
judge shall give the litigants an opportunity to speak and the public prosecutor
to express his opinion on the settlement of the case.
If a litigant submits a new fact essentially important in the settlement of
the trial, the trial shall resume.
Article 123. When examination is over, the chief judge shall
inform the litigants of its and walk out with the people’s assessors to the
consultation room in order to adopt a judgement.
Article 124. The clerk shall draw up a protocol of the trial
within 3 days from the day when the trial has come to an end with the following
1. Date of trial and name of the court,
2. Names of the bench, public prosecutor and clerk,
3. Name of the case,
4. Venue of trial and whether the trial was open or closed,
5. Name of the litigants and a summary of their social status,
6. All the acts conducted by the court in the order of their conducting,
7. Opinions made by the litigants and their statements,
8. Findings passed by the court during trial,
9. Final statements of the litigants, and
10. Opinion of the public prosecutor.
Article 125. The litigants and public prosecutor may read the
protocol within 5 days from the day following the end of the period of drawing
up a protocol of trial and, if they find omissions or incorrect expressions
in the protocol, they may submit a written application for correcting them.
If the chief judge finds their opinion right, he shall decide the revision of
the protocol by a finding and, if he finds them wrong, he shall dismiss their
application by a finding describing the reason.
Chapter 9. Judgement and Finding
Article 126. If it is believed that truth of the case has
been fully revealed on the basis of scientific evidence thoroughly examined
in the trial, the court shall adopt a judgement as required by the law of the
Only the judge and people’s assessors who have handled the appropriate case
shall participate in the adoption of judgement.
Article 127. When the court adopts a judgement, it shall discuss
and decide the following issues:
1. Whether the claim of the plaintiff and the defense of the defendant have
2. How to deal with the claim by applying which laws and regulations,
3. How to deal with evidences and property held on security,
4. Which legal action shall be applied to the law violator, and
5. By whom and how much of the court expenses are to be borne.
Article 128. Judgement shall be adopted by a majority vote
of the court.
If the judge or a people’s assessor disagrees with the majority opinion, he
may present a written opinion. It shall not be read when judgement is delivered.
Article 129. The court shall pass either of the following judgements:
1. Judgement acknowledging the claim, or
2. Judgement rejecting the claim.
Article 130. The court shall properly deal with the property
held on security and, out of evidentiary documents and evidence, those that
shall not be sent back to the owner shall be put to records or confiscated and
the rest of them shall be returned to the owner.
When material evidence is given back to the owner, the certificatory documents
shall be affixed to the records of the case.
Article 131. The court shall settle the court expenses as follows:
1. If the claim of the plaintiff is accepted, the defendant shall be liable
to bear the expenses; and if it is rejected, the plaintiff shall be liable to
bear the expenses, and
2. If the claim for a case stipulated in Article 68 of this Law is admitted,
the State charges shall be imposed on the defendant.
Article 132. Judgement shall be passed on the day when the
trial is over.
Article 133. The written judgement shall include the following
1. Date of trial and name of the court,
2. Names of the members of the court, public prosecutor and clerk,
3. Name of the case, venue of trial and whether it was an open or closed trial,
4. Names of the litigants and a summary of their social status,
5. Claim of the plaintiff and defense of the defendant,
6. Facts and evidence admitted by the court,
7. Legislation on which the judgement is based,
8. Finding on admittance or rejection of claim,
9. Dealing with property held on security and material evidence,
10. Bearing of the court expenses, and
11. Methods of executing the judgement and finding, and procedures of appeal
Article 134. Judgement shall be pronounced in the name of the
Democratic People’s Republic of Korea.
Article 135. If the court discovers illegal acts during the
trial, it may take measures to inflict an appropriate punishment.
Article 136. The court shall settle the following issues by
1. When the case is transferred or a litigant is replaced,
2. When the judge settles the case alone or stops the handling of the case during
preparations for trial,
3. When disputes as to the procedures of the trial are dealt with,
4. When the application of a litigant is dealt with, and
5. When punishment is inflicted on delicts discovered during the trial.
Article 137. The adoption of a finding shall be conducted according
to the same procedures as a judgement.
A finding on trifles concerning the procedures of trial shall be given by writing
down it in the protocol of the trial.
Article 138. The first trial court shall not revoke the judgement
and finding that has already been delivered. However, a finding relevant to
section 4 of Article 136 of this Act and a final and conclusive judgement and
finding passed on the claims for expenses of bringing up children and supporting
dependants may be altered.
Article 139. If a litigant or the public prosecutor has something
disagreeable with a judgement or finding by the first trial, he shall reserve
the right to lodge an appeal or protest.
If an appeal or protest is lodged, the judgement or finding shall not be executed.
No appeal or protest shall be made against a judgement or finding by the Central
Article 140. The appeal or protest shall be made within 10
days from the day when the tenors of written judgement or finding are received.
The tenors of the written judgement or finding shall be handed over to the litigants
and public prosecutor within 2 days from the day when the judgement or finding
Article 141. The litigant or the public prosecutor who wants
to lodge an appeal or protest shall submit a note of appeal or a written protest
to the first trial court that has passed the judgement or finding.
The note of appeal or the written protest shall contain the reasons for the
appeal or protest and the demands, and may disclose materials that have not
been submitted to the first trial.
A certificate of paying the State charges shall be affixed to the note of appeal.
Article 142. When the period of appeal and protest expires,
the first trial court shall send the note of appeal or the written protest to
a higher court with the records of the appropriate case.
Article 143. If the public prosecutor from a higher prosecutor's
office considers the protest made by the public prosecutor of the lower office
wrongful, he may cancel it.
Article 144. The litigant who has appealed against a judgement
or finding of the first trial court shall reserve the right to waive it before
the second trial begins.
Article 145. Judgement shall be finalized in the following
1. When the period expires without appeal or protest,
2. When the second trial court supports the judgement by the first trial court
although an appeal or protest has been lodged, and
3. When a final and conclusive judgement is passed.
Chapter 10. Second Trial
Article 146. On the basis of the appeal, protest and records
of the case, the second trial shall comprehensively examine whether the judgement
and finding by the first trial conform to the requirements of law and are based
on scientific evidence and shall correct any errors.
Article 147. The second trial shall be administered by the
court consisting of 3 judges.
The litigants and public prosecutor shall participate in the second trial. However,
the trial may proceed even if the litigants or the public prosecutor is not
The date of trial shall be notified to the public prosecutor and litigants not
later than 3 days before the second trial begins.
Article 148. The second trial shall be administered in such
a way that the judge delivers the report on the case, examines the case and
listens to the litigants and public prosecutor.
Article 149. The second trial court and public prosecutor may
put questions to the litigants on the basis of the records of the first trial
and the presented appeal or protest. However, examination of facts on the case
shall not be conducted.
Article 150. If the judgement and finding by the first trial
are considered right, the second trial shall support them and decide to reject
the appeal or protest.
Article 151. If the first trial court has failed to pass a
correct judgement or finding although it has revealed the truth of the case
so obviously that collection of new evidence and fact-finding are no more needed,
the second trial court shall reserve the right to correct it.
Article 152. In any of the following cases, the second trial
court shall revoke the judgement or finding of the first trial, decide to reexamine
the case and return it to the stage of preparations for or of the proceeding
of the first trial:
1. When composition of the court has failed to comply with law,
2. When facts that are substantially important to the settlement of the case
have not been found,
3. When the trial is based on evidence that has not been checked or facts that
have not been clarified, and
4. When the litigant has not been provided with the litigious rights or a person
who is not qualified for a litigant is recognized as the plaintiff or the defendant.
Article 153. If the second trial finds any reason as to Article
86 of this Act during the trial, it shall revoke the judgement or finding by
the first trial and give a finding dismissing the case.
Article 154. Even when the second trial does not revoke the
judgement or finding by the first trial, it may give a separate finding pointing
out errors of the first trial.
Article 155. No appeal or protest shall be lodged against the
finding of the second trial court.
Chapter 11. Extraordinary Appeal
Article 156. When a final and conclusive judgement or finding
goes against law, it shall be corrected according to the procedures of the extraordinary
Article 157. The extraordinary appeal may be made any time
when essentially illegal acts are found in the records of the case.
Article 158. The extraordinary appeal shall be lodged to the
Central Court by the Chief Justice or by the Prosecutor-General.
Article 159. The Chief Justice or the Prosecutor-General shall
reserve the right to ask for the records of any case that has been settled by
a court and to suspend the execution of the judgement or finding on the appropriate
case in order to lodge an extraordinary appeal.
The execution of a judgement or finding by the Central Court shall not be suspended.
Article 160. The court and prosecutor’s office may ask for
the records of a case that has been handled under its jurisdiction in order
to apply for an extraordinary appeal.
If they find any reason of the application for the extraordinary appeal in the
records, they shall send the records of the case with appropriate opinions affixed
to the Chief Justice or the Prosecutor-General, and if they fail to do so, they
shall send back the records to the appropriate court.
Article 161. A litigant or a person who is interested in the
settlement of the case shall reserve the right to request the appropriate court
or prosecutor’s office to apply for an extraordinary appeal.
Article 162. An extraordinary appeal against a judgement or
finding by any court other than the Central Court shall be examined and settled
by the court consisting of 3 judges from the Central Court; and an extraordinary
appeal against a judgement or finding by the Central Court shall be examined
and settled by the judges’ council of the Central Court.
Article 163. The judges’ council of the Central Court shall
consist of the Chief Justice, his deputy and judges.
The judges’ council shall be held when the two thirds or more of all the members
are present and the finding shall be adopted by a majority vote of the members
who are present.
The judges’ council shall be presided over by the Chief Justice.
Article 164. The Prosecutor-General shall take part in the
The public prosecutor from the Central Prosecutor’s Office shall participate
in the examination of an extraordinary appeal conducted by the court consisting
of 3 judges from the Central Court.
The date of the examination of the extraordinary appeal shall be notified to
the Central Prosecutor’s Office 3 days in advance.
Article 165. In the trial of an extraordinary appeal, the report
on the case shall be heard and the presented materials examined, and the opinions
of the Prosecutor-General or the public prosecutor shall be heard.
A case of the extraordinary appeal shall be settled by a finding.
Article 166. If a final and conclusive judgement or finding
is changed or revoked through an extraordinary appeal, the Central Court shall
settle the issue of the executed property.
Chapter 12. Retrial
Article 167. If any of the following new facts is found, retrial
shall be staged in order to correct the judgement of finding that has already
1. When evidence that has served as the basis of the judgement and finding is
confirmed as being false,
2. When a fact which can affect the judgement and finding is found after the
trial is over,
3. When it is found that a litigant or a member of the court has committed illegal
acts that may affect the settlement of the case, or
4. When it is found that the judgement or finding was based on a judgement or
finding, or a decision or instruction of a State organ that had previously been
Article 168. The retrial shall be proposed to the Chief Justice
Article 169. The court and the prosecutor’s office, if necessary,
may apply for retrial.
The retrial shall be applied for to a higher court or prosecutor’s office.
Article 170. A litigant or a third person interested may request
the appropriate court or prosecutor’s office to apply for retrial.
The retrial shall be applied for within 3 months from the day when the appropriate
reason is found and evidence shall be affixed to the written application.
Article 171. If the court or the prosecutor’s office has received
the application for retrial, it shall conduct the necessary fact-finding within
1 month. If the reason for the application is regarded right, it shall send
it with its opinions affixed to the Central Court or the Central Prosecutor's
Office; if it is considered wrongful, it shall reject it by a finding or decision.
Article 172. The case brought to retrial shall be examined
and settled by the court consisting of 3 judges from the Central Court.
A public prosecutor from the Central Prosecutor’s Office shall take part in
The Central Court shall inform the Central Prosecutor’s Office of the date of
the retrial 3 days ahead.
Article 173. The retrial shall be conducted by hearing the
report on the case, examining the reason for the application, and listening
to the public prosecutor from the Central Prosecutor’s Office.
Article 174. After conducting the retrial, the Central Court
shall, if the reason for the application is considered right, revoke the final
and conclusive judgement or finding, and shall remand the case to the first
trial court for reexamination or revoke the case itself.
If the application for retrial is considered unreasonable, it shall be rejected.
Chapter 13. Execution of Judgement and Finding
Article 175. The judgement and finding shall be executed by
the executor of the court after they are finalized.
Institutions, enterprises, organizations and citizens shall comply with demands
of the executor related to the execution of the judgement and finding.
Article 176. If the judgement or finding on the claim for property
is finalized, the judge from the court that has passed the said judgement or
finding shall issue a writ of execution according to his determination or on
the request of the litigant.
The application for the issuance of a writ of execution shall be made within
2 months from the day when the judgement or finding is finalized.
The executor shall perform the writ of execution within 1 month from the day
when he has received it.
Article 177. The executor shall let the obligor participate
in the execution when he is to conduct an act of execution.
The obligor may point out the property to be executed.
Article 178. Execution of the property owned by an institution,
enterprise or organization shall be carried out through an appropriate bank.
The appropriate bank shall carry out the execution within 10 days from the day
when it has received the writ and shall inform the executor of the result.
Article 179. The judge may suspend the execution for a certain
period in any of the following cases:
1. When the debtor has a reason that should be taken into account,
2. When the litigants, who are citizens, ask for the discontinuation of the
execution after they have agreed with one another, or
3. When the execution is impossible because the property does not exist.
Article 180. After execution has been carried out, the executor
shall hand over executed property to the person entitled to it and produce a
protocol of execution to the judge.
Article 181. The court shall reject the execution in the following
1. When the judgement or finding on which the writ of execution is based has
2. When the execution is applied for after the set period has expired, and
3. When the litigant, who is a citizen, has waived the application for the execution.
Article 182. If a litigant or a third person interested is
aggrieved with an act of execution conducted by the executor, he may present
a complaint to the court to which the executor belongs.
If the court receives the complaint, it shall examine and settle it within 15
days in the presence of the applicant.
If a litigant is aggrieved with a finding by the court, he may appeal to a higher