THE CIVIL PROCEEDINGS ACT OF THE DPRK (Adopted by the Decision of the Standing Committee of the Supreme People's

Assembly on January 10, 1976. Amended and Supplemented by the Decision of the Standing Committee of the Supreme People's Assembly of the D.P.R.K. on May 25, 1994) Chapter l. Basics of the Civil Proceedings Act 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 acts of litigating. Article 2. The State shall conduct acts of litigating on the principle of coordinating the inherent dynamism of the plaintiff properly with the responsibility of the court. Article 3. The State shall provide the litigant with litigious rights and conditions necessary for the litigation on an equal footing. Article 4. The State shall conduct acts of litigating relying on the people. Article 5. The State shall depend on scientific evidence, objectivity and carefulness in its executing of litigation. Article 6. The Civil Proceedings Act of the DPRK shall apply to the settlement of disputes as to the litigious rights and interests that are arisen between the institutions, enterprises, organizations and citizens in the Republic. This Act shall also apply to the foreign-invested business and foreign nationals inside the territory of the DPRK. Chapter 2. General Provisions Article 7. The questions related to civil cases shall be settled by judgment and finding of the court Article 8. The trial of civil case shall be conducted on the basis of the case raised by the litigant the person interested and the public prosecutor. Article 9. The examination on the civil case shall be tried in the Korean language. The person who does not speak Korean shall be provided with an interpreter; and the dumb person with a construer. Foreigners shall draw up a legal instrument in his native language. Article 10. The civil trial shall be open to the public. If the secrets of the State and citizen are required to be kept and the case which will have a baneful influence on society is examined, the whole or part of the trial shall be closed to the public. Although the trial is not open to the public, the judgment shall be passed in public. Article 11. If the judgment is finalized the litigant shall not re-start a lawsuit against the same person with the same reason.

Article 12. If the case which has to be examined at the civil trial is finalized at the criminal trial, the court shall admit it as it stands. Article 13. If the judge, people's assessors, public prosecutor, clerk, expert witness, interpreter, construer and their relatives are interested in the settlement of the appropriate case they shall be disqualified for participation in the trial of the case. The judge, people's assessors, public prosecutor, clerk, witness, expert witness, interpreter and construer shall be prohibited from holding the other's office concurrently in the examination on the appropriate case. Article 14. The judge, people's assessors who have participated in the first trial shall not be one of the bench for the first or second trial that reexamine the case. Article 15. The judge and people's assessor who are of kinship with one another shall not sit together on the same bench. Article 16. If the litigant finds reasons related to Articles 13, 14 and 15 he shall apply to the court for the replacement of the judge, people's assessors, public prosecutor, clerk. expert witness, interpreter and construer. The application shall be made until the examination of facts begins. If any reason for the replacement of them is arisen or found after the examination has begun the application shall also be made. Article 17. If reasons are arisen as to Articles 13, 14 and 15 the court shall deal with them in the following ways: a) If the application for the replacement of the judge and people's assessors is sent in, the rest of the bench except the appropriate persons shall settle the case by finding. If one of the rest is asked to be changed he shall be replaced. b) If the application for replacing the public prosecutor, clerk, expert witness, interpreter and construer is received it shall be settled by finding. Article 18. The court shall deal with the case relevant to the first trial within the two months; and the cases relevant to the second trial, trial of extraordinary appeal, retrial and judges council within one month from the day when they are accepted. Article 19. The period of litigation shall be set by date, month and year and shall be conducted from the following day when the reason for counting them is arisen. If the period is fixed by date it shall be due until the 24 hours of the set date; if set by month it shall be due till the same day in the appropriate month as the day when the reason for counting them is arisen and If there is not such a day it shall be due after the last day of that month. If the day when the period expires falls on the national holiday or on Sunday the period shall be due on the next first working day. Article 20. If the notes of litigation and appeal and other litigation instruments are sent in until the period fixed by law expires it shall be admitted that they are presented within the set period. If the fixed period becomes overdue on the right reason the court shall extend the period. Article 21. The court costs consists of the State charges and the costs for civil proceedings. Article 22. Protocol, written judgment and finding shall be drawn up during the preparations and the trial.

Chapter 3. Litigant Article 23. The institution, enterprise and organization which are run on the independent estimated appropriation or on the cost accounting system, and the citizen shall be the litigant. The institution, enterprise, organization and citizen shall, as litigant, exercise their litigious rights properly and discharge their duties creditably. Article 24. The litigant shall describe his statements, 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 an investigation of it and take part in the investigation. Article 25. The plaintiff shall waive the presented claim or change the limits of it and the litigants shall make a comprise with one another. Article 26. If the litigant moves his place of residence (whereabouts) after the suit has been instituted he shall inform the court of it. Article 27. If the case is raised by the person who is not qualified for the plaintiff or is raised against the person who is not qualified for the defendant the court shall replace the said person with the qualified litigant in dealing with the case without dismissing the case. Although the litigant disagrees with the dismissal, it shall summon the qualified person as the plaintiff or defendant. Article 28. The suit shall be raised by one or several litigants against the appropriate litigants. The coplaintiff or codefendant shall conduct acts of litigating independently and may leave it in the hands of the other coplaintiff or codefendant. Article 29. The third person who has an independent claim for object to be claimed in the presented case shall start a suit against the litigant according to the proceedings stipulated in Chapter 6 and shall participate in the trial. The third person has the same right as the plaintiff. Article 30. The third person who although he has not an independent claim for object to be claimed in the presented case he is interested in the results of the trial shall take part in the trial dealing with the presented case on his request, the application of the litigant or the determination of the court. In case of this, he shall not waive, admit or change the claim, shall not make a comprise with the litigant, or shall not ask for the execution of the judgment or institute a suit against the suit. Article 31 . If litigious rights and duties are transferred to the third person by contract or in accordance with the determination and by the order of an authoritative organ after a suit has been raised or if the litigant is dead the litigious rights and duties shall be transferred to the new one. In case of this, the act of litigating that have already been conducted shall become effective. Article 32. The institution, enterprise and organization shall perform acts of litigating through a representative or an attorney. The citizen shall conduct an act of litigating himself or through an attorney. The minor and invalid shall do so through parents or a guardian. Article 33. The litigant who wants to conduct an act of litigating through an attorney shall give an warrant of attorney to the latter. The attorney shall present the warrant to the court.

If the litigant leaves the act of litigating in the hands of his attorney at the court the protocol of trial which records it shall take place of the warrant. Article 34. If the litigant entrusts the attorney with the act of litigating such as giving up or admitting the claim, making a comprise with, and giving or receiving money and goods he shall write down them in the warrant. Article 35. The lawyer, the person who is entrusted by the litigant, and the legal representative shall be liable to act as attorney. The disfranchised person and the invalid shall not be an attorney. Chapter 4. Evidence Article 36. Evidence shall comprise a statement of the litigant, a deposition of the witness, evidentiary documents, material evidence and the results of legal consultation and inspection. The court shall deal with civil cases on the ground of scientific evidence. Article 37. The litigant shall establish his statements and produce evidence showing that he has made frank statements to the court. When the court regards evidence as insufficient it shall ask the litigant for other more evidence. Article 38. The court shall collect evidence in order to examine the case correctly. Article 39. The litigant shall bring forward evidence needed for the settlement of the case until the trial begins. He, however, may produce evidence which is substantially important in dealing with the case after the trial has begun. Article 40. Only when evidence that is brought forward by the litigant or is gathered by the court is examined objectively in the fact-finding shall it be the basis of the judgment and settlement. Article 41. When the court has to collect evidence outside its jurisdiction it shall ask the relevant court to do it. The relevant court shall gather and send it within the period fixed In the written application. Article 42. The witness shall be the person who knows important facts related to the case. The person who neither understands nor makes himself understood because of mental and other physical disorders shall not be the witness. Article 43. The witness shall personally write the facts that he knows and if be finds his statements recorded wrongfully he shall 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, when he is summoned to the court, shall arrive in time at the venue set in the writ of summons. Article 46. The institution, enterprise, organization and citizen shall produce in time evidentiary documents and evidences that are demanded by the court. If the original documents are not to be produced the copies shall do. In case of this, the latter shall be

tested by the notary public. Article 47. When the court needs special knowledge for the examination on the case it shall decide to take legal consultation. The written decision shall contain the targets and contents that need legal consultation and its period, and shall define the consultation agency, the expert witness and his duties. Article 48. The legal consultation shall be entrusted to the professional consultation agency. When there is no appropriate agency it shall be taken by the person who has a State qualification or professional knowledge in the relevant area. Article 49. The expert witness shall ask the court of evidence helpful to legal consultation and when he needs special knowledge he shall ask for the assistance of an appropriate expert. With the judges approval, the expert witness shall ask the litigant and witness of matters needed for legal consultation and shall take part in the on-the-spot examination. Article 50. The expert witness shall carry out his work correctly and present the written statement to the court and shall take part in the trial as required by the court. Article 51. When the court considers the legal consultation insufficient and not conducted well it shall decide to take legal consultation again or to entrust it to the other expert witness. Article 52. The litigant, if need be, shall ask the court to preserve the depositions of the witness, evidentiary documents and material evidence in evidence until the trial begins. In case of this, the court if it considers the request right shall collect evidence and draw up a protocol. Chapter 5. Court Jurisdiction Article 53. The civil trial shall deal with the following cases: a) Disputes as to property except the case settled by arbitration or according to administrative procedures b) Divorce c) Claim for expenses of bringing up children and sustenance allowance d) Civil right and examination of lawfully important facts e) Other cases stipulated to be settled by the civil trial. Article 54. The civil trial shall be administered by the people's court. The provincial (city under direct jurisdiction) court, however, shall directly judge or transfer to the other people's court any case that falls under jurisdiction of the people's court in the province (city under direct jurisdiction). The Central Court shall directly judge or transfer any case to the other provincial (city under direct jurisdiction) court and people's court. Article 55. The civil trial shall be administered by the court which has jurisdiction over the defendants place of residence. The trial of several defendants with the different places of residence shall be conducted by the court which exercises jurisdiction over the place of residence of one of them.

Article 56. The trial of the following cases shall be administered by the court that has jurisdiction over the place of residence of the plaintiff. a) Claim for property of the institution enterprise, organization to citizen b) Claim for expenses of bringing up children and sustenance allowance c) Claim for damages on health and life d) Case raised by mother who has a baby of less than one year or a few children e) Case raised against the prisoner f) Case raised against the person whose whereabouts is unknown. Article 57. The trial of the case arisen by juristic acts conducted by a corporation and the institution, enterprise and organization under the said corporation shall be administered by the court that exercises jurisdiction over the places where juristic acts are committed or where a contract is implemented. Article 58. The trial of the claim for real property shall be administered by the court that has jurisdiction over the place where the said property is. Article 59. The trial of the case related to freight transportation that is raised against the transportation company shall be conducted by the court that exercises jurisdiction over the places where freights are to be and are carried or where they are sent. Article 60. The trial of the case raised against by the litigant or raised against the litigant by the third person shall be administered by the court that has already begun the trial. Article 61. When the court has accepted the case raised against violating Articles 55, 56, 57, 58 and 59, it shall transfer it to the relevant court. The case whose trial has begun or which has come from the other court shall not be transferred to the other court. Article 62. If it is considered rational that the case that falls under its jurisdiction is transferred to the other court, the people's court shall send it to the relevant court with approval of the provincial (city under direct jurisdiction) court. If it wants to send it to the other provincial (city under direct jurisdiction) court it shall gain the Central Court's approval. Chapter 6. Litigation Article 63. The institution, enterprise, organization and citizen shall bring a suit to the court in order to have their civil rights and interests protected. The public prosecutor shall suit to the court in order to protect the interests of the State, society and citizen. Article 64. The person who goes to suit shall present a note of litigation to the court. Article 65. The litigation shall be admitted as being raised the day when the court has received the note of litigation that the litigant presented. When the note of litigation, however, is sent by mail or in confidential document it shall be admitted as being started the day when it is posted. When documents of litigation except the note are sent by mail

or in confidential document the case shall be the same as the above. Article 66. The note of litigation shall comprise the names of the court and litigant, age, sex, work unit and occupation, address, claim and facts proving them and evidence. Article 67. The followings shall be affixed to the note of litigation. a) Relevant copies of litigation notes to the number of defendants b) Document tested by the notary's office in the case dealing with the person whose whereabouts is unknown c) Inventory of property in the claim for settlement of property d) Warrant in the case brought by an attorney e) Stamps for the delivery of documents f) Receipt of paying the State charges Article 68. The following cases shall be brought to court without paying the State charges. a) Claims for expenses of bringing up children and sustenance allowance b) Claims for health and life damages c) Claim for damages caused by criminal acts d) Case raised by the public prosecutor. Article 69. The defendant shall institute a cross action against the plaintiff. The cross-action shall be brought in accordance with Articles 64, 66 and 67 until the trial begins. It, however, may be instituted after the trial has begun according to what case it deals with. Article 70. The court shall examine the note of litigation presented by the plaintiff and if it finds it not sufficient to conform with Articles 66 and 67 it shall give an appropriate period to the plaintiff to amend errors. When the errors are revised within the fixed period the litigation shall be admitted as being brought the day when the court has accepted the note of litigation. If they, however, fail to be revised within the fixed period the note shall be sent back. Article 71. If there is something going counter to Article 86, the court shall dismiss the litigation. Article 72. If the litigant disagrees with the rejection of the note of litigation and the dismissal by the court, he is allowed to present an opinion to a higher court within the five days. When the court receives the opinion it shall judge the case within the ten days from the day when it has accepted it. Article 73. The court, with its determination or on the request of the litigant, shall incorporate or divide the case according to its character for trial. Chapter 7. Preparations for Trial Article 74. Preparations for trial shall be made to deal with the civil case quickly and properly. They shall be carried out, by the judge who is in charge of the case.

Article 75. The judge shall send the copy of the note of litigation presented by the plaintiff to the defendant within the five days and shall ask him to present a defense within the five days from the day when he receives the copy. The defense shall be sent back to the plaintiff within the five days from the day when it comes. Article 76. The judge shall collect evidence needed for the settlement of the case and settle difficulties arising in civil proceedings during the preparations. Article 77. The judge reserves the right to meet the litigant for the sake of the preparations. Article 78. The judge may take legal consultation and conduct on-the-spot investigation during the preparations. He, however, shall not verify the facts with the witness brought face-to-face. Article 79. The judge shall carry out on-the-spot investigation during the preparations. The litigant and persons concerned shall participate in on-the-spot investigation, and the two persons shall be present. Article 80. When the judge gathers evidences or carries out on-the-spot investigation, he shall draw up a protocol. Written in the protocol shall be the state of the scene at that time, characteristics and results of the investigation in order of investigation, and a rough sketch, photographs and video cassettes shall be added. Article 81. The judge, in any stage since the case is raised until the judgment is pronounced, shall dispose of property of the defendant on security by finding according to the application of the litigant or by his determination. If the execution of the judgment is considered impossible without appropriate property the disposal on security shall be made. The judgment on the disposal of property on security shall be carried out by the executor of the appropriate court. Article 82. If the disposal of property on security is considered to be unnecessary or to be done wrongfully it shall be canceled or dismissed by finding. Article 83. If the following conditions are created during the preparations, the judge shall announce the suspension of the preparations by finding: a) When the litigant is dead b) When the institution, enterprise and organization, are dissolved as a litigant c) When the appropriate case is impossible to be settled until the case that is being dealt with according to the trial, by arbitration or through administrative procedures is settled d) When the act of litigating is impossible to be continued because of the occurrence of a special case Article 84. The count shall decide to continue the preparations and resume them according to the application of the litigant or by its determination within the three months since the preparations are suspended in according to a) and b) of Article 83 and since the reasons for the suspension of the

preparations that are caused according to c) and d) are removed. Article 85. If the plaintiff waives his claim and the litigants ask for the dismissal of the litigation on the basis of a compromise made between them, the judge, if they do not go counter to law, shall approve them by finding. Article 86. The court shall dismiss the following cases: a) Case to be dealt with by arbitration or through administrative procedures b) Case on which the conclusive judgment and finding is passed c) Case in which when as the person who can not be the litigant is the plaintiff or the defendant he shall not be replaced with the qualified person. d) Case in which when the litigant is dead, his rights and duties shall not be transferred to the other person e) Case that is raised against a man or a non-commissioned officer of the Korean People's Army and the Korean People's Security Forces Article 87. The litigant, if he disagrees with the dismissal of the case finalized during the preparations, reserves the right to appeal to a higher court. Article 88. If the judge considers the preparations sufficient he shall decide to transfer the case to the trial The written decision shall contain the date and venue of the trial, witness, expert witness and open or closed trial. Article 89. The judge shall inform the public prosecutor, the litigant and other persons concerned of the date and venue of the trial seven days ahead until the trial begins. Article 90. The court shall give a notice of the date of trial and other acts of litigating by letter and shall give documents of litigation directly to the litigant or send them by mail. Article 91. The judge shall draw up a protocol of acts conducted during the preparations for trial. He, if need be, shall let the clerk participate in the preparations to draw up a protocol. Chapter 8. Trial Article 92. The trial shall be conducted by the court consisting of the chief judge, judge and two people's assessors. If any case is raised as to the execution of the judgment and finding and the notarial work or if there is a case stipulated specifically by law the judge shall 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. When he is absent, however, the trial shall be conducted. Article 95. The chief judge shall command the trial and acts 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 litigant. Article 97. If the litigant is absent the trial shall be postponed. If the defendant, although he is summoned to the court twice, fails to be present without appropriate reasons or if he appeals to the court for the trial in the absence of him, the trial shall be conducted in absentia. If the plaintiff, although he is summoned to the court twice, fails to be present at the court without appropriate reasons the case shall be dismissed. In case of this, the litigation shall be made again. Article 98. The chief judge shall let the litigant know the 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 litigant of their opinion and shall 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, export witness, interpreter and construer and shall ask them if they have an opinion of replacing them. Article 101. When the chief judge asks the litigant if he wants new evidence produced, wants the other witness summoned or has anything to ask for, he shall be liable to settle them. 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 finding. Article 103. The chief judge shall announce the beginning of the 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 the examination. Article 105. The examination on the litigant shall be tried in 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 the litigant with the chief judge's approval. Article 106. The examination on the witness shall be conducted by calling one person after another to the box according to order. 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 by law be responsible for that, and then shall let him state the facts about the case. Article 107. When the witness finishes his statements the chief judge shall let the litigant who has

asked for the examination of the said witness put questions first and then allow the defendant to question. Other litigants shall address questions to the witness with the chief judge's approval. The court may hear of the witness who has been examined in front of the other witness or may conduct a face-to-face examination. Article 108. If a minor is called to the box the court shall let the parents, guardian, teacher and patron attend. Article 109. When the trial is to be postponed the court shall examine the witness participated and may not summon him to the next trial. Article 110. The witness shall not leave the set venue until the trial comes to an end. Upon hearing of the opinion of the litigant the chief judge may, if needs be, release the witness before the trial comes to a close. Article 111. If the court collects evidence or examines the witness according to Articles 41 and 52, it shall let the protocol of examining be read and examined in the examination of facts. Article 112. If the facts are made clear the court shall discontinue the examination of the witness after it asks the litigant and public prosecutor of their opinions. Article 113. The hearing of the expert witness shall be conducted in such a way as identifying him, allowing him to describe the results of legal consultation and putting questions to him. The litigant may address questions to the expert witness with the chief justices approval. If the expert witness is absent the hearing shall be done in such a way as letting an written expert opinion be read and examined. Article 114. If legal consultation is required to be taken or retaken during the examination of facts the court shall suspend the trial and decide to seek an expert opinion. Article 115. The examination on evidence and evidentiary documents shall be conducted in the way of listening to the appropriate litigant and questioning him with the said documents put out at the court. Article 116. The chief judge, 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 so as to be used as the basis of the judgment and finding. Article 117. If any reason pointed out as to Articles 83, 85 and 86 is arisen during the trial the court shall examine it and pass an appropriate judgment on it. Article 118. When divorce case is on trial the court shall also settle the bringing up of children, the supporting of the other party and the disposing of property. Article 119. The court shall examine the court costs and their payment. Article 120. The chief judge shall let the people's assessors, public prosecutor and litigant put additional questions. Article 121. If the truth of the case is considered to be revealed fully the chief judge shall ask the litigant, people ' s assessors if they agree with the conclusion of the trial and shall have discussion with the people's assessors and then announce the end of the trial. Article. 122. The chief judge, after the examination of facts is over, shall give the litigant an opportunity to state and the public prosecutor to express his opinion on the settlement of the case. If the

litigant submits a new fact essentially important in the settlement of the trial, the trial shall resume. Article 123. When trial is over the chief judge shall inform the litigants of it and walk out with the people's assessors to the consultation room in order to approve a judgment. Article 124. The clerk shall draw up a protocol of the trial within the three days from the day when the trial comes to an end in the following order: a) Date of trial and name of the court b) Names of the bench, public prosecutor and clerk c) Name of case d) Venue of trial and open or closed trial e) Name of the litigant and a gist of his social status f) All the acts conducted by the court according to order of trial g) Opinions made by the litigants and their statements h) Judgment passed by the court during the trial i) Final statement of the litigant j) Opinion of the public prosecutor Article 125. The litigant and public prosecutor shall look at the protocol within the five days from the following day when the period of drawing up a protocol of trial is over, and if they find omissions or incorrect expressions in the protocol, they shall submit a written application for correcting them. If the chief judge finds their opinion right he shall determine the revision of the protocol by finding and if he finds them wrong he shall dismiss their application by reasoned finding. Chapter 9. Judgment and Finding Article 126. If it is admitted that the truth of the case is fully revealed on the basis of scientific evidence thoroughly examined in the trial the court shall approve judgment as required by the law of the Republic. Only the judge who has dealt with the appropriate case and people's assessors shall participate in the approving of judgment. Article 127. When the court approves judgment it shall discuss the following issues: a) Whether the claim of the plaintiff is based on any reason b) Whether the defense of the defendant is based on reason c) How to deal with the claim by applying what a regulation d) How to deal with evidences and property disposed of on security e) To whom and how much of the court costs are to be borne. Article 128. Judgment shall be approved by the majority decision of the bench. If the judge or the people's assessors disagree with the majority decision they may present a written opinion. It shall not be read when judgment is delivered. Article 129. The court shall be liable to pass the following judgements:

a) Judgment acknowledging the claim b) Judgment that rejects the claim Article 130. The court shall correctly handle the issue, on property disposed of on security; out of evidentiary documents and evidences 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 costs as follows: a) If the claim of the plaintiff is admitted the defendant is liable to pay, and if not, the plaintiff is liable to bear. b) If the claim for the case stipulated in Article 68 is admitted the State charges shall be imposed on the defendant. Article 132. Judgment shall be passed the day when the trial is over. Article 133. The written judgment shall contain the followings: a) Date of trial and name of the court b) Names of the bench, public prosecutor and clerk c) Cases, venue of trial and open or closed trial d) Name of the litigant and a gist of his social status e) Claim of the plaintiff and defense of the defendant f) Facts and evidence admitted by the court g) Regulations on which judgment relies h) Decision on the admittance or the rejection of claim i) Dealing with property disposed of on security and material evidence j) Bearing of the court costs k) Executing methods of judgment and finding, and proceedings of appeal and protest Article 134. Judgment shall be pronounced in the name of the Democratic People's Republic of Korea. Article 135. If the court finds out illegal acts during the trial it shall take measures to inflict an appropriate punishment. Article 136. The court shall settle the following cases by finding: a) When the case is transferred or the litigant is replaced b) When the judge settles the case alone or goes through with the case during the preparations for trial. c) When disputes as to the procedures of the trial are dealt with d) When the application of the litigant is dealt with e) When punishments are inflicted on delicts found out during the trial Article 137. The approving of finding shall be conducted according to the same procedures of judgment. The finding on dealing with trifles concerning the procedures of trial shall be given by writing down it in the protocol of the trial. Article 138. The first trial shall not revoke the judgment and finding that is already delivered. The

finding relevant to d) of Article 136, however, and the final and conclusive judgment and finding passed on the claims for expenses of bringing up children and sustenance allowance shall be revoked. Article 139. If the litigant or the public prosecutor have something disagreeable with the judgment and finding by the first trial they reserve the right to lodge an appeal and protest. If the appeal and protest are lodged the judgment and finding shall not be executed. They shall not be made against the judgment and finding by the Central Court. Article 1 40. The appeal and protest shall be made within the ten days from the day when the tenors of written judgment and finding are received. The tenors of the written judgment and finding shall be handed over to the litigant and public prosecutor within the two days from the day when the judgment and finding are delivered. Article 141. The litigant or the public prosecutor, both of who want to lodge an appeal or protest shall submit a note of appeal or a written protest to the first court that has passed the judgment and finding. The note of appeal and the written protest shall contain the reasons and requirements as well as materials that fail to be 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 shall send the note of appeal and the written protest to a higher court under the same cover of the records of the appropriate case. Article 143. If the public prosecutor from a higher prosecutors office considers the protest made by the public prosecutor wrongful he reserves the right to reject it. Article 144. The litigant who has appealed to the first trial for its judgment and finding reserves the right to waive it until the second trial begins. Article 145. Judgment shall be finalized in the following cases: a) When the period expires without appeal and protest b) When, although the appeal and protest are lodged, the second trial supports the judgment by the first one . c) When the final and conclusive judgment is passed. Chapter 10. Second Trial Article 146. The second trial, on the basis of the appeal, protest and records of the case, shall comprehensively examine whether the judgment and finding by the first trial keep with the requirements of law and are based on scientific evidence and shall correct errors. Article 147. The second trial shall be administered by the court consisting of the three judges. The litigant and public prosecutor shall participate in the second trial. When they, however, are in default the trial shall be staged. The date of trial shall be let known to the public prosecutor and litigant three days ahead until the second trial begins. Article 148. The second trial shall be administered in this way: the judge delivers the report on the case, examines the case and listens to the litigant and public prosecutor.

Article 149. The second trial and public prosecutor shall put questions to the litigant on the basis of the records of the first trial and the presented appeal and protest. The examination of facts on the case, however, shall not be conducted. Article 150. If the judgment and finding by the first trial are considered right the second trial shall support them and decide to reject the appeal and protest. Article 151. If the first trial, although it has revealed the truth of the case so obviously that the collection of new evidence and fact-finding are no more needed, fails to pass correct judgment and finding the second trial reserves the right to correct them. Article 152. The second trial, in the following cases, shall revoke the judgment and finding of the first trial, decide to reexamine the case and remand them to the preparations for the first trial or to the trial. a) When the composition of the court fails to comply with law b) When facts that are substantially important to the settlement of the case are not found. c) When evidence in trial is based on the facts neither examined nor found in the trial d) When the litigant is not provided with the litigious rights or the persons who are not qualified for a litigant are dealt with as the plaintiff or the defendant. Article 153. If the second trial finds any reason as to Article 86 during the trial it shall revoke the judgment and finding by the first trial and determine the dismissal of the case. Article 154. If the second trial fails to revoke the judgment and finding by the first trial it shall separately decide to point out errors of the first trial. Article 155. Appeal and protest shall not be lodged against the finding of the second trial. Chapter 11. Extraordinary Appeal Article 156. When the final and conclusive judgment and finding go against law correcting them shall be the procedures of the extraordinary appeal. Article 157. When essentially illegal acts are found in the records of the case the extraordinary appeal shall be made any time. Article 158. The extraordinary appeal shall be lodged to the Central Court by the President of the Central Court or by the Director of the Central Prosecutors Office. Article 159. The President of the Central Court or the Director of the Central Prosecutors Office reserve the right to ask for the records of whatever the case is dealt with by a court in order to lodge an extraordinary appeal and to suspend the execution of the judgment and finding on the appropriate case. In regard with the judgment and finding by the Central Court they shall not suspend the execution of them. Article 160. The court and prosecutors office shall ask for the records of the case that is handled under its jurisdiction in order to apply for the 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 the appropriate opinions affixed to the President of the Central Court or the Director of the Central Prosecutors Office, and if they fail they shall remand the records to the appropriate court.

Article 161. The litigant and the person who is interested in the settlement of the case reserve the right to require the appropriate court or prosecutors office to apply for an extraordinary appeal. Article 162. The extraordinary appeal to the judgements and findings by all the courts except the Central Court shall be examined and settled at the court consisting of the three judges from the Central Court; and the extraordinary appeal to those by the Central Court at the judges council of the Central Court. Article 163. The judges council of the Central Court consists of its President, Vice-Presidents and judges. The judges council shall be held when the two third of all the members are present and the finding shall be approved by the majority decision. The judges council shall be presided over by the President. Article 164. The Director of the Central Prosecutors Office shall take part in the judges council. The public prosecutor from the Central Prosecutors Office shall participate in the examination on the extraordinary appeal conducted by the court consisting of the three judges from the Central Court. The date of the examination on the extraordinary appeal shall be let known three days ahead to the Central Prosecutors Office. Article 165. The trial of the extraordinary appeal shall be conducted in this way: the report on the case is made; the presented materials are examined; and the opinions of the Director of the Central Prosecutors Officer or the public prosecutor are listened to. The case of the extraordinary appeal shall be settled by finding. Article 166. If the final and conclusive judgment and finding are changed or revoked because of the extraordinary appeal the Central Court shall deal with executed property. Chapter 12. Retrial Article 167. If the following new facts are found the retrial shall be staged in order to correct the final and conclusive judgment and finding. a) When evidence that has been the basis of the judgment and finding is confirmed false b) When the fact which will affect the judgment and finding is found after the trial is over c) When the fact that the litigant or one of the bench has committed illegal acts detrimental to the settlement of the case is found d) When the revoked judgment and finding has been passed by the decree or the order of the State organ. Article 168. The retrial shall be proposed to the Central Court by the President of the Central Court or the Director of the Central Prosecutors Office. Article 169. The court and the prosecutors office, if need be, shall ask for the retrial. The retrial shall be applied to a higher court or prosecutors office. Article 170. The litigant and the third person interested may apply to the appropriate court or prosecutors office for the retrial.

The retrial shall be applied within the three months from the day when the appropriate reason is found and evidence shall be affixed to the written application. Article 171. If the court and the prosecutors office receive the application for the retrial they shall conduct a necessary fact-finding within one month; if the reason for the application is regarded right they shall send it with their opinions affixed to the Central Court or the Central Prosecutors Office; and if it is considered wrongful, they shall reject it by finding or decision. Article 172. The case brought to the retrial shall be examined and settled by the court consisting of the three judges from the Central Court. The public prosecutor from the Central Prosecutors Office shall take part in the retrial. The Central Court shall inform the Central Prosecutors Office of the date of the trial three days ahead. Article 173. The retrial shall be conducted in this way: the report is delivered; the reason for the application is examined; and the public prosecutor from the Central Prosecutors Office is listened to. Article 174. The Central Court which has concluded the retrial, if the reason for the application is considered right shall revoke the final and conclusive judgment and finding, and shall remand the case to the first trial for reexamination or revoke the case itself. If the application for the retrial is confirmed unreasonable it shall be rejected. Chapter 13. Execution of Judgment and Finding Article 175. The judgment and finding shall be executed after they are finalized. They shall be carried out by the executor from the court. The institution, enterprise, organization and citizen shall comply with demands of the executor. Article 176. If the judgment and finding on the claim for property are finalized the judge from the court that has passed the said judgment and finding shall issue a written execution according to his determination or on the request from the litigant. The application for a written execution shall be made within the two months from the day when the judgment and finding are finalized. The executor shall deal with the written execution within a month from the day when he receives it. Article 177. The executor shall let the obligor who will carry out the execution participate. The obligor shall point out property to be executed. Article 178. The execution of property owned by the institution, enterprise and organization shall be carried out through the appropriate bank. The appropriate bank shall carry out the execution within the ten days from the day when it receives it and shall inform the executor of the results. Article 179. The judge shall suspend the execution for a certain period in the following cases: a) When the debtor has a condition to be considered b) When the litigants, the citizens, ask for the discontinuation of the execution after they have discussion with one another

c) When the execution is impossible because of no property. Article 180. After the executor has carried out the execution he shall hand over executed property to the rightful person and give the protocol of execution to the judge. Article 181. The court shall reject the execution in the following cases: a) When the judgment and finding which is the basis of the issuing of written execution are revoked b) When the execution is applied after the set period expires c) When the litigant, the citizen. waives the application for the execution Article 182. If the litigant or the third person interested disagree with the acts of executing conducted by the executor they shall present their opinions to the court to which the executor belongs. If the court receives the opinion it shall examine and settle it within the fifteen days in the presence of the applicant. If the litigant disagrees with the finding by the court he may appeal to a higher court.