Chapter Three SATUK APPEAL
283. (Satuk appellate court)
1. A Satuk appeal may be made to the Supreme Court against a final judgment of the
Uttor appellate court. A Satuk appeal may also be made against a final judgment
of the Uttor appellate court acting pursuant to the provisions of special law as a
court of first instance.
2. With regard to a final judgment of a court of first instance, where after the entry of
the judgment both parties agree that the right to make a Satuk appeal will be
reserved and that no Uttor appeal shall be filed, a Satuk appeal may be made
directly to the Supreme Court.
284. (General ground for Satuk appeal)
A Satuk appeal may be made on the ground of a violation of the Constitution, laws or
ordinances that has an effect on the judgment.
285. (Absolute grounds for Satuk appeal)
1. A Satuk appeal may always be made on the following grounds:
(a) the adjudicating court was not composed according to law;
(b) a judge who was legally prohibited from taking part in the judgment took
part in the judgment;
(c) provisions of law pertaining to exclusive jurisdiction were violated;
(d) some defect existed with regard to the authority of the legal representative
or appointed representative, or with regard to the authority granted to any
representative to enable the representative to conduct a particular act of
litigation;
(e) provisions regarding public access to oral argument were violated; or
(f) the judgment issued did not provide the grounds therefor, or the grounds
provided are inconsistent.
2. The ground provided in subparagraph (d) of Paragraph 1 shall not apply if
subsequent ratification occurs in accordance with the provisions of Paragraph 2 of
Article 35 (Measures in case of defect in capacity to litigate) or Paragraph 3 of
Article 57 (Measures where defect in authority exists).
286. (Mutatis mutandis application of provisions regarding Uttor appeal)
Except as otherwise provided by law, the provisions of the preceding Chapter shall
apply mutatis mutandis to Satuk appeals and the proceedings at Satuk appellate review.
287. (Method of filing Satuk appeal)
A Satuk appeal shall be brought by submitting a written Satuk appeal to the original
court. In this case, the original court shall promptly send the written Satuk appeal and
the record of the case to the Satuk appellate court.
288. (Service, etc. of notification of receipt of Satuk appeal)
1. Where a Satuk appeal is filed, the Satuk appellate court shall serve a notification of
receipt of Satuk appeal on the parties, except where a ruling dismissing [without
prejudice] the Satuk appeal is issued.
2. The Satuk appellate court shall serve the written Satuk appeal on the appellee at the
same time as the service of the notification of receipt of Satuk appeal pursuant to
Paragraph 1.
289. (Statement of grounds for Satuk appeal)
1. Where the written Satuk appeal does not state the ground for the appeal, the
appellant shall submit a written statement of grounds for Satuk appeal within 30
days of the receipt of service of notification of receipt of Satuk appeal.
2. In cases where a Satuk appeal is made on a ground set forth in Article 284 (General
ground for Satuk appeal), the appellant shall state the ground for Satuk appeal
indicating the provision of the Constitution, law or ordinance claimed to be violated
and the facts that give rise to the violation. In this case, if the facts in question
involve litigation procedure, such facts shall be described in the statement of
grounds.
3. Where the Satuk appeal is made on any of the grounds stated in Article 285
(Absolute grounds for Satuk appeal), the appellant shall state the grounds of Satuk
appeal by indicating the provision and relevant facts which full fill the requirement.
290. (Dismissal of Satuk appeal)
In either of the cases below, the Satuk appellate court shall, via ruling, dismiss [without
prejudice] the Satuk appeal:
(a) where the Satuk appeal is in contravention of law and such defect cannot be cured;
or
(b) where a statement of grounds for Satuk appeal is not submitted in violation in the
provisions of Paragraph 1 of Article 289 (Statement of grounds for Satuk appeal),
or the statement of grounds for Satuk appeal violates the provisions of Paragraphs
2 and 3 of Article 289 (Statement of grounds for Satuk appeal).
291. (Order to cure)
1. Where the entire statement of grounds contained in a written Satuk appeal or in a
statement of grounds for Satuk appeal submitted within the period of time set forth
in Paragraph 1 of Article 289 (Statement of grounds for Satuk appeal) violates the
provisions of Paragraphs 2 and 3 of Article 289 (Statement of grounds for Satuk
appeal),the Satuk appellate court shall, via ruling, order that such defect be cured
within an appropriate period of time established by the court.
2. A ruling of dismissal pursuant to subparagraph (b) of Article 290 (Dismissal of
Satuk appeal) shall be issued where the appellant fails to effect such cure within
the time period established in accordance with Paragraph 1 of this Article.
292. (Service of copy of statement of grounds for Satuk appeal)
Where the Satuk appellate court does not issue a ruling dismissing [without prejudice] a
Satuk appeal pursuant to the provisions of Article 290 (Dismissal of Satuk appeal), a
copy of the statement of grounds for Satuk appeal shall be served on the appellee.
However, this shall not apply where the Satuk appellate court conducts trial and renders
judgment without oral argument and such service is deemed unnecessary.
293. (Order to submit a preparatory document)
The Satuk appellate court may order the appellee to submit the initial preparatory
document to the Satuk appeal within an appropriate period of time established by the
court.
294. (Dismissal of Satuk appeal without oral argument)
Where the Satuk appellate court determines from the written Satuk appeal, the statement
of grounds for Satuk appeal, the initial preparatory document submitted by the appellee
and any other document, that grounds for the granting of a Satuk appeal do not exist, it
may dismiss [with prejudice] the Satuk appeal via judgment without oral argument.
295. (Scope of review)
The Satuk appellate court shall review a Satuk appeal only within the scope of the
appeal, based on the stated grounds for the Satuk appeal.
296. (Binding effect of findings of fact in original judgment)
1. Findings of fact lawfully adopted in the original judgment shall be binding on the
Satuk appellate court.
2. Where a Satuk appeal is filed pursuant to Paragraph 2 of Article 283 (Satuk appellate
court), the Satuk appellate court may not reverse the original judgment on the
ground that the findings of fact in such judgment were adopted in violation of the
Constitution, laws or ordinances.
297. (Exception relating to matters to be examined on court's own authority)
The provisions of Articles 295 (Scope of review) and 296 (Binding effect of findings of
fact in original judgment)shall not apply to matters to be examined on the court's own
authority.
298. (Declaration of provisional execution)
The Satuk appellate court may, upon motion and via ruling, make a declaration of
provisional execution regarding any part of the original judgment as to which no appeal
has been made.
299. (Reversal and remand, etc.)
1. Where the grounds set forth in Articles 284 (General ground for Satuk appeal) and
285 (Absolute grounds for Satuk appeal) exist, the Satuk appellate court shall
reverse the original judgment and, except in cases described in Article 300
(Reversal and de novo adjudication), remand the case to the original court or
transfer it to an equivalent court.
2. A court that receives a case via remand or transfer pursuant to Paragraph 1 shall
adjudicate the case based on a new oral argument. In this case, factual and legal
determinations on which the Satuk appellate court based its reversal shall be
binding on the court to which the case is remanded or transferred.
3. Any judge that participated in the original judgment may not participate in the
decision described in Paragraph 2.
300. (Reversal and de novo adjudication)
The Satuk appellate court shall adjudicate the case de novo in the following cases:
(a) where the original judgment is reversed on the ground that the Constitution, law or
ordinance was incorrectly applied to the facts found in the original trial, and the
Satuk appellate court can adjudicate the case based on such facts; or
(b) where the original judgment is reversed on the ground that the case does not fall
within the authority of the court.
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