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Civil Trial Delay Resolution Bill Passes National Assembly Plenary Session

A bill mandating the submission of a statement of reasons for appeal to expedite civil appeal trials passed the National Assembly plenary session on the 20th.


Civil Trial Delay Resolution Bill Passes National Assembly Plenary Session [Image source=Yonhap News]

On the same day, during the afternoon plenary session of the National Assembly, the "Partial Amendment to the Civil Procedure Act" was approved with 253 votes in favor and 1 abstention out of 254 members present.


The amendment stipulates that if the statement of reasons for appeal is not submitted within 40 days from the date of receipt of the notice of appeal record, the appeal shall be dismissed mandatorily. Upon the appellant's request, the period may be extended once by 30 days.


Under the current Civil Procedure Act, unlike the Criminal Procedure Act, there is no obligation to submit a statement of reasons for appeal.


As a result, there have been many cases where the appellant did not submit the statement of reasons for appeal even after a considerable period following the filing of the appeal. However, courts have had to proceed with the hearing and conclude the case by judgment even if the appellant shows no substantive intention to appeal the first-instance judgment by failing to submit the statement of reasons for appeal, leading to criticism that cases are unjustly prolonged.


If the statement of reasons for appeal is submitted, the issues in the appeal trial can be clarified early, and sufficient written arguments can be made before the first hearing of the appeal trial, enabling a prompt trial in the appeal court.


The amendment will take effect on March 1, 2025.


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