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Appeal process

The Appeal

Those who have experienced injustice in the judgment by the lower court may file an appeal. The appeal may be filed prior to the receipt of the decision and within 2 weeks from the receipt of the decision by submitting an appeal to the court of original judgment.

The two week period means the date the appeal is registered at the court of original verdict. If the appeal is mistakenly submitted to the appeals court and not the original court and therefore has to be sent to the original court, the two-week period is counted based on when it is received at the original court. So please take care to avoid any mistakes.

In the notice of appeal, you must indicate the appellant, the judgment by the lower court, and a statement as to why it is being appealed. The judgment by the lower court normally sets forth the name of the lower court, case number, case name, date of judgment and main decision. The appeal may contain the reason for the appeal or it may be submitted later in the written brief. If the parties that have received the judgment have agreed not to file an appeal, they have no right to appeal. Please contact the civil affairs department at a court for more information on the stamp tax, service fee charge, and procedure for making the payments.

This appeals process applies to civil procedure only. Please note that the appeals process for criminal and administrative procedure differs in terms of period for appeal, method, etc.

Appeal to Supreme Court

Appeal to the Supreme Court may be made in the event of any violation of the constitution, statutes, orders or rules that have influence the appellate court’s decision. Accordingly, the Supreme Court does not made any decisions about the facts.

The notice of appeal shall be submitted to the appeals court within 2 weeks from the receipt of the appellate decision, and the appeal shall state the name of the appellant, name of the appellee, address, as well as the appellate court’s decision and the purpose of the appeal.

For appellate court’s decision, the name of the court, number of the case, name of case, date of decision and the main decision shall be stated. The reason for appeal may be stated in the appeal and if it is not, the statement of reason for appeal must be submitted within 20 days from the receipt of the notice of receipt of trial records. Upon failure to submit same, the appeal will be dismissed.