BOOK FOUR RETRIAL
Chapter One retrial
307. (Grounds for retrial 1)
1. Where any of the following grounds exist, a motion for retrial may be brought
against a final judgment that has become final and binding, provided however that
such motion is not available where the party has asserted such grounds during
[Uttor or Satuk appellate review], or where the party was aware of such grounds
and did not assert them:
(a) the court rendering the judgment was not composed in accordance with law;
(b) a judge not legally authorized to participate in the judgment participated in
the judgment;
(c) the authority of the legal representative, the authorization required in order
for the legal representative to conduct a particular act of litigation, or the
authority of the appointed representative was lacked;
(d) a judge who participated in the judgment committed a crime in connection
with the judge's discharge of his official duties in the case;
(e) due to the criminal act of another, the moving party was led to make a
confession or was hindered from advancing offensive or defensive measures
that would have affected the judgment;
(f) a document or other item used as evidence to support the judgment was
forged or fraudulently altered;
(g) evidence to support the judgment was based on the false statement of a
witness, expert witness, interpreter, sworn party or legal representative;
(h) a civil or criminal judgment or any other decision or administrative
disposition on which the judgment was based has been changed by a
subsequent decision or administrative disposition;
(i) significant facts or matters that would have affected the judgment were left
undecided; or
(j) the judgment against which the motion for retrial was made conflicts with a
judgment that previously became final and binding.
2. Where any of the grounds described in subparagraphs (d) through (g) of
Paragraph 1 exist, a motion for retrial may be brought if either of the following
circumstances exists:
(a) with regard to a punishable action, the judgment of conviction or the
decision imposing a non-penal fine has become final and binding; or
(b) a binding judgment of conviction or a binding decision imposing a
non-penal fine cannot be obtained, due to a reason other than lack of
evidence.
3. Where a judgment on the merits has been entered at an Uttor appellate review, a
motion for retrial contesting the judgment of the court of first instance may not be
filed.
308. (Grounds for retrial 2)
Where any of the grounds set forth in Paragraph 1 of Article 307 (Grounds for retrial 1)
exists with regard to a decision forming the basis of a judgment, such ground may be
used as a ground for retrial with respect to such judgment even if an independent
method for making an appeal against the decision is provided for.
309. (Retrial court)
1. A motion for retrial shall fall under the exclusive jurisdiction of the court that
rendered the judgment as to which the retrial is sought.
2. Jurisdiction over all motions for retrial with regard to judgments rendered by
courts of different levels shall rest with the highest level court among such courts.
3. The judge who participated in the judgment against which the motion for retrial
was made may not participate in trial or decision of the retrial.
310. (Retrial procedure)
The provisions of law pertaining to litigation proceedings at each level shall apply
mutatis mutandis to the procedure followed on retrial, except to the extent they are
inconsistent therewith.
311. (Period for retrial)
1. A motion for retrial shall be filed within thirty days of the date on which the party
learned of the ground for retrial after the judgment became final and binding.
However, this shall not apply where the ground for retrial is the ground provided
in subparagraph (c) or subparagraph (j) of Paragraph 1 of Article 307 (Grounds for
retrial 1).
2. The period prescribed in Paragraph 1 may not be extended.
3. A motion for retrial may not be filed more than five years after either: (i) the date
on which the judgment became final and binding; or (ii) where the ground for
retrial came into existence after the judgment became final and binding, the date
on which the ground for retrial came into existence. However, this shall not apply
where the ground for retrial is the ground specified in either subparagraph (c) or
subparagraph (j) of Paragraph 1 of Article 307 (Grounds for retrial 1).
312. (Matters to be included in motion for retrial)
1. A motion for retrial shall include the following:
(a) the names and addresses of the parties and the names and address of the
parties' legal representatives;
(b) an indication of the judgment regarding which the retrial is sought, and a
statement that a retrial is being sought regarding such judgment; and
(c) the facts comprising the grounds for retrial.
2. A copy of the judgment regarding which retrial is sought shall be attached to a
motion for retrial.
313. (Change of ground for retrial)
A party who files a motion for retrial may change the ground for retrial stated therein.
314. (Dismissal of motion for retrial)
1. Where a motion for retrial is not in accordance with law, the court shall dismiss it
[without prejudice] via ruling.
2. Where there is no valid ground for retrial, the court shall dismiss [with prejudice]
the motion for retrial via ruling.
3. Once the ruling described in Paragraph 2 has become final and binding, a
subsequent motion for retrial based on the ground previously found invalid may
not be filed.
4. A Chomtoah appeal may be brought against a ruling issued pursuant to Paragraphs
1 and 2.
315. (Ruling ordering commencement of retrial)
1. Where grounds for retrial exist, the court shall issue a ruling ordering the
commencement of a retrial.
2. The court shall examine of the adversary party when issuing the ruling described
in Paragraph 1.
3. A Chomtoah appeal may be brought against the ruling described in Paragraph 1.
316. (Trial and decision on the merits)
1. Where a ruling ordering the commencement of a retrial has become final and
binding, the court shall proceed with trial and decision on the merits within the
scope of the motion for retrial.
2. In the cases described in Paragraph 1, the court shall, upon determining the
judgment to be proper, dismiss [with prejudice] the motion for retrial.
3. In cases other than those described in Paragraph 2, the court shall reverse the
judgment and issue a new decision.
317. (Retrial regarding ruling)
1. A motion for retrial may be filed with regard to a ruling that has become final and
binding and is subject to Chomtoah appeal.
2. The provisions of Articles 307 (Grounds for retrial 1) through 316 (Trial and
decision on the merits) shall apply mutatis mutandis to the motion described in
Paragraph 1.
318. (Third-party motion for retrial)
1. Where a plaintiff and defendant collude in order to obtain a judgment prejudicial
to the rights or interests of a third party, the third party may file a motion for
retrial with regard to the judgment when it has become final and binding.
2. In the motion for retrial described in Paragraph 1, the original plaintiff and
defendant shall be deemed co-defendants.
3. The provisions of Article 41 (Rules regarding trial in compulsory joint litigation)
shall apply mutatis mutandis to persons deemed co-defendants pursuant to
Paragraph 2 and to a third party who files a motion for retrial pursuant to
Paragraph 1.
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