Chapter Four INTERRUPTION AND SUSPENSION OF LITIGATION
173. (Interruption of and succession to litigation)
1. Where any of the following grounds exist, the litigation shall be interrupted:
(a) the death of a party;
(b) the termination of a party through the merger of juridical persons;
(c) loss of a party's capacity to litigate, death of a legal representative or
termination of the legal representative's authority to represent the party;
(d) loss of qualification, which has enabled a person to carry out a litigation
under his/her name on behalf of others, due to his/her death or any other
reasons; or
(e) loss of qualification due to the death of all parties nominated pursuant to the
provisions of Article 42 (Nomination of party), or loss of qualification of
such parties due to any other reason.
2. Where a case mentioned in paragraph 1 exists, the person identified in the
following subparagraphs shall succeed to the litigation:
(a) where the death of a party, the heir of the decedent party, or the person bound
by law to maintain the action;
(b) where the termination of a party through the merger of juridical persons, the
juridical person that has succeeded to the rights and obligations of the
merged entity;
(c) where loss of a party's capacity to litigate, death of a legal representative or
termination of the legal representative's authority to represent the party, the
legal representative or the party him/herself after obtaining the capacity to
litigate;
(d) where loss of qualification, which has enabled a person to carry out a
litigation under his/her name on behalf of others, due to his/her death or any
other reasons, a person having the same qualifications; and/or
(e) where loss of qualification due to the death of all parties nominated pursuant
to the provisions of Article 42 (Nomination of party), or loss of qualification
of such parties due to any other reason, all of the appointers under such
provisions or persons newly appointed pursuant to such provisions.
3. The provisions of Paragraph 1 shall not apply while an appointed representative is
appointed for the litigation. However, the appointed representative shall inform the
court of the occurrence of such events provided in the Paragraph 1.
4. Even in the event the ground specified in subparagraph (a) of Paragraph 1 exists,
an heir may not succeed to litigation during the period of time that such heir is
entitled to renounce succession.
174. (Natural termination of litigation proceedings)
Where a party's existence is terminated through death or merger, if there is no person
that succeeds to the right or obligation comprising the subject matter of the litigation, or
if such right or obligation devolves to the same person, the litigation proceedings shall
be terminated. In this case, the court shall issue a judgment declaring that the litigation
is terminated.
175. (Succession procedure)
1. A motion for succession to litigation proceedings may be made by the potential
successor or by the adversary party.
2. Where a motion to succeed to litigation proceedings is filed, the court shall notify
the adversary party to the motion for succession.
3. Where a motion to succeed to litigation proceedings is filed, if the court, after
conducting an investigation on its own authority, determines that sufficient
grounds for the motion do not exist, the court shall deny the motion via ruling on
its own authority. A Chomtoah appeal may be made against such a ruling.
4. In the case described in Paragraph 3, if the court determines that sufficient grounds
exist for the motion, the court shall permit such succession via ruling.
5. Where a motion to succeed to litigation proceedings is filed after such proceedings
have been interrupted following the service of judgment, the court that rendered
the judgment shall rule on the motion.
176. (Order to prosecute or defend action on court's authority)
Even where neither party files a motion for succession to litigation proceedings, the
court may, on its own authority, order that the litigation be continued.
177. (Suspension of litigation proceedings)
1. Where the court is unable to perform its functions due to natural disaster or any
other reason, the litigation [before the court] shall be suspended until such reason
ceases to exist.
2. Where a party is unable to continue a litigation proceeding due to an impediment
of indefinite duration, the court may, via ruling, order the suspension of the
proceeding. In this case, the court may rescind the ruling in the event the
impediment ceases to exist.
3. The court may, via ruling, order the suspension of a civil litigation proceeding
during the pendency of a criminal case that involves a fact on which one of the
claims in the civil action is based. In this case, the court may rescind the ruling
when the criminal case has ended.
178. (Effect of interruption and suspension)
1. Neither the parties nor the court may conduct an act of litigation while a litigation
proceeding is interrupted or suspended. However, judgment may be pronounced
even while the litigation proceeding is interrupted.
2. Any and all terms cease to run while a litigation proceeding is interrupted or
suspended. In this case, all terms will begin anew upon the notice of the
succession to litigation proceedings or continuation of a suspended action.
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