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Untitled Document

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 in public.
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 trial concurrently.
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, and
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' council.
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 arises.
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 or Sunday.
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 the case.
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 warrant.
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 more evidence.
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 the case.
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 the court.
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 their duties.
Article 48. Expert assessment shall be entrusted to the professional assessment agency.
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 cases:
1. Disputes as to property except cases that are to be settled by arbitration or according to administrative procedures,
2. Divorce,
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 authority).
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 a citizen,
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 children,
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 is located.
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 protected.
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 litigation:
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 plaintiff.
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 during preparations.
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, and
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 a finding.
1. Cases that should be dealt with by arbitration or through administrative procedures,
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 protocol.

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 trial.
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 approval.
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 content:
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 DPRK.
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 grounds,
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 contents:
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 and protest.
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 a finding:
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 Court.
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 is delivered.
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 cases:
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 present.
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 appeal.
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 judges’ council.
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 been finalized:
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 revoked.
Article 168. The retrial shall be proposed to the Chief Justice or Prosecutor-General.
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 retrial.
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 cases:
1. When the judgement or finding on which the writ of execution is based has been revoked,
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 court.


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