BOOK EIGHT TRANSITIONAL PROVISIONS

BOOK EIGHT TRANSITIONAL PROVISIONS
Chapter One TRANSITIONAL PROVISIONS
572. (Principle of transitional measures)
With regard to a complaint filed before the application of this Code, procedures in connection with this complaint after the application of this Code shall apply pursuant to this Code, except where otherwise provided by this Book Ⅷ (Transitional provisions). In this case, the effect of the procedure applied before the application of this Code shall not be hindered by this provision. 573. (Transitional measures with regard to jurisdiction) The jurisdiction and transfer of action pending actually at the time of application of this Code shall be determined as heretofore. 574. (Transitional measures with regard to assignment of cases) 1 After filing a complaint, if this Law comes into effect prior to the appointment of the judge in charge of investigation or the conciliation procedure (hereinafter refer to “investigating judge”), the complaint shall be deemed to have been filed at the time of the application of this Code, and the provisions of Article 26 (Assignment of cases) shall apply. 2 After the appointment of the investigating judge, if this Code applies prior to the appointment of the presiding judge or other judges of the panel, the investigating judge shall be deemed to get the case assigned under the provision of Article 26 (Assignment of cases) of this Code. Nevertheless, if the president of the court of first instance is in charge of the conciliation, he shall be deemed to get the case assigned according to the provision of Article 26 (Assignment of cases). 3 With regard to cases under paragraph 2 above, the cases stated in paragraph 2 of Article 23 (Individual and panel systems for trials of first instance) of this Code, notwithstanding the provisions of paragraph 2 of this Article, shall be deemed to be filed at the time when this Code comes into effect and Article 26 (Assignment of cases) shall apply. 4 After filing the case to Uttor appellate court, where this Code comes into effect prior to the appointment of the judges, the case shall be deemed to be filed at the time of the application of this Code and the provisions of Article 26 (Assignment of cases) shall apply. 5 The provisions of paragraph 4 shall apply mutatis mutandis to the assignment of cases in the Satuk appellate court. 575. (Transitional measures with regard to ruling on exclusion or challenge) Where courts of first instance have not had enough judges to decide by a panel a motion for exclusion or challenge, the provision of paragraph 1 of Article 30 (Ruling on exclusion or challenge) of this Code shall apply for a period by changing the phrase “a panel of judges of the court to which the judge belongs” to “other judge of the court to which the judge belongs”. 576. (Transitional measures on investigating procedure or procedure after investigating procedure) 1 When this Code comes into effect during the investigation procedure, the court shall immediately terminate such proceedings and promptly set a date for preparatory proceedings for oral argument and summon the parties to appear. 2 After the conclusion of the investigating procedure, where this Code applies prior to the date of trial, the court shall promptly set a date for preparatory proceedings for oral argument and summon the parties to appear. However, this provision shall not apply where preparatory proceedings for oral argument shall be conducted in accordance with the provisions of paragraph 2 of Article 578 (Transitional measures on the date of trial) of this Code. 3 With regard to cases under paragraph 1 and paragraph 2 above, proceedings conducted during the investigating procedure shall be deemed to have been done in the preparatory proceedings for oral argument within the court’s authority under Article 106 (Acts of litigation, etc. during preparatory proceedings for oral argument). 4 Where this Code comes into effect after the trial date was set, if a witness was already examined by a party during the investigating procedure or a party concerned was not examined by the trial and if the party demands that such witness or the party is examined during proceedings for oral argument, the court shall examine such witness or the party. 577. (Transitional measures with regard to litigation costs) 1 The litigation costs of civil action to be borne by the party or other related persons with regard to the case filed before this Code comes into effect shall be computed in accordance with the previous rules. 2 The provisions with regard to the Security for Litigation Costs shall not apply to the cases which were filed before the application of this Code. 578. (Transitional measures with regard to the date of trial) 1 The date of trial which was already designated at the time when this Code comes into effect shall be deemed to have been designated as a date of oral argument according to the provisions of this Code. 2 In cases referred to in paragraph 1, if the trial date is the first date after the conclusion of the investigating procedure, the court may conduct the preparatory proceedings for oral argument before commencing the proceedings for oral argument. 3 In cases referred to in paragraph 2, where the court fails to complete the preparatory proceedings for oral argument, court shall designate another date of preparatory proceedings for oral argument, and cancel or delay the date of oral argument. 579. (Transitional measures with regard to legal sanctions in inspection of evidence) 1 The provisions regarding to a civil fine stated in chapter 3 (Evidence) Book II of this Code shall apply in case the order to examine the evidence is issued in accordance with the provisions of this Code or a party or the party’s representative denies the authenticity of execution of a document after this Code comes into effect. 2 The provisions of chapter 3 (Evidence) Book II, which shall apply mutatis mutandis to Article 273 (Mutatis mutandis application of provisions regarding proceedings at court of first instance) and Article 286 (Mutatis mutandis application of provisions regarding Uttor appeal) of this Code shall be applied pursuant to paragraph 1 above. 580. (Transitional measures with regard to default judgment) The procedure where the plaintiff or the defendant fails to appear on the date summoned before the application of this Code shall be applied as heretofore. 581. (Transitional measures with regard to possibility of appeal and the period for appeal) 1 The possibility of the appeal and the period for the appeal against a judgment issued by a court of the first instance or Uttor appellate court based on the trial concluded before the application of this Code shall be treated as heretofore. 2 The possibility of the SATUK appeal and the period of SATUK appeal against the judgment reissued by the Uttor appellate court with regard to the case which the Supreme Court remanded before the application of this Code shall be treated as heretofore. 3 With regard to the case in which the Supreme Court reversed the judgment made by the Uttor appellate court and remanded to the Uttor appellate court based on the trial concluded before the application of this Code, the possibility of the SATUK appeal and the period of SATUK appeal against the judgment reissued by the Uttor appellate court shall be treated as heretofore. 4 With regard to the decisions other than judgment issued by a court of the first instance or Uttor appellate court notified before this Code comes into effect, the possibility of appeal and the period of appeal shall be treated as heretofore. 582. (Transitional measures with regard to SATUK appeal and the procedure to judge the SATUK appeal) 1 The SATUK appeal and the procedure to judge the SATUK appeal against the judgment of appellate court based on the trial concluded before the application of this Code shall be applied as heretofore. 2 The SATUK appeal and the procedure to judge the SATUK appeal against the judgment reissued by the Uttor appellate court with regard to the case which was remanded by the Supreme Court before the application of this Code shall be applied as heretofore. 3 With regard to the case in which the Supreme Court reversed the judgment made by the Uttor appellate court based on the trial concluded before the application of this Code and remanded it to the Uttor appellate court, the SATUK appeal and the procedure to judge the SATUK appeal against the judgment reissued by the Uttor appellate court shall be applied as heretofore. 583. (Transitional measures with regard to the binding effect of reverse judgment) Where the SATUK appeal and the procedure to judge the SATUK appeal shall apply in accordance with the previous rules pursuant to the provisions of Article 582 (transitional measures with regard to SATUK appeal and the procedure to judge the SATUK appeal) of this Code, if the Supreme Court reverses the original judgment issued by the Uttor appellate court and remands the case to the Uttor appellate court or transfers the case to another court, the provisions of paragraph 2 of Article 299 (Reversal and remand, etc.) shall not apply to that judgment. 584. (Transitional measures with regard to retrial) The provisions of Book Ⅳ (Retrial) shall apply only to the judgments that have become final and binding after the application of this Law. 585. (Transitional measures with regard to compulsory execution) 1 The case with regard to the compulsory execution filed before the application of this Code shall apply as heretofore, except for the provisions of Chapter 3 (Forced imprisonment) of the Law on Methods of Implementation of Civil Judgments. 2 The decision to forcedly imprison issued pursuant to the provision of Chapter 3 of the Law on Methods of Implementation of Civil Judgments before this Code comes into effect shall become null and void at the date of application of this Code. 3 When this Code comes into effect, if the debtor has been imprisoned under the provisions of Chapter 3 (Forced imprisonment) of the Law on Methods of Implementation of Civil Judgments, the presiding judge of the panel who ordered imprisonment or the President of the court shall order to immediately release the debtor. 586. (Transitional measures with regard to preservative relief) 1 Where this Code comes into effect before a case with regard to preservative relief, filed before the application of this Code will be decided, the remaining procedures shall apply pursuant to this Code. In this case, the effect of the procedure applied before the application of this Code shall not be hindered. 2 Where this Code comes into effect after a case with regard to preservative relief was decided, the remaining procedures shall be applied as heretofore.