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PART II PROCEDURE IN THE FIRST INSTANCE
Chapter I Ordinary Proceedings
Section 6 Decision
Article 187
Except for decisions to be rendered in the form of a judgment as provided by this Act, all decisions shall be made in the form of a ruling.
Article 188
Unless otherwise provided, a decision of an administrative litigation shall be based on the parties' oral arguments.
For a judge who did not participate in the oral argument session on which a decision is based, he/she may not participate in making the decision.
A ruling may be made without oral argument session.
Unless otherwise provided, where a ruling is made without oral argument session, the court may order the persons who have interests in the litigation to present their statements in writing or oral.
Article 189
Unless otherwise provided, in making a decision, the administrative court shall take into consideration the entire purport of the oral argument and the result of evidence-taking and apply the rules of logic and experience in determining the facts.
Where a party has proven injury but is unable to or is under great difficulty to prove the exact amount, the court shall, taking into consideration all circumstances, determine the amount by its evaluation.
The judgment shall specify the reasons on which the evaluation is based.
Article 190
Where the administrative litigation is mature for decision, the administrative court shall render a final judgment.
Article 191
Where part of a claim or one of several claims raised in the litigation is mature for decision, the administrative court may enter a partial final judgment.
The preceding Paragraph shall apply mutatis mutandis to cases where one of several litigations ordered to be argued jointly is mature for decision.
Article 192
Where one of the grounds of attack or defense presented separately is mature for decision, the administrative court may enter an interlocutory judgment; the same applies to cases where the ground and amount of a claim are both disputed and the administrative court finds the ground just.
Article 193
Where a procedural issue relating to the administrative litigation proceedings is mature for a decision, the administrative court may first enter a ruling on such issue.
Article 194
Where the administrative litigation is related to the protection of public interest and both parties fail to appear in the oral argument session without giving a justifiable reason, the administrative court may, on its own initiative, investigate the facts and enter a judgment without oral argument session.
Article 194-1
If a party refuses to make statements during oral arguments, such refusal shall be deemed an absence. The same applies to the circumstances where the agent of litigation for a party fails to participate in an oral argument governed by the first Paragraph of Article 49-1.
Article 195
Where the administrative court determines that the plaintiff's claim is meritorious, unless otherwise provided, the court shall render a judgment in favor of the plaintiff; where the claim is determined meritless, the court shall render a judgement to dismiss the case.
In a litigation of revocation, if the judgment is to amend the original disposition or decision, the judgement cannot be made in a manner less favorable to the plaintiff than the original disposition or the decision.
Article 196
Where the administrative disposition has been executed and the administrative court enters a judgement to revoke the administrative disposition, the court may, on motion by the plaintiff and as it deems appropriate, rule in the judgment that the government agency shall take appropriate measures for restoration.
In the course of a litigation of revocation, if the original disposition has been executed and there is no likelihood for restoration or the disposition has voided, in cases where the plaintiff has legal interests in the declaratory judgment, the administrative court may, on motion, rule to declare the administrative disposition illegal.
Article 197
In a litigation of revocation, if the subject matter of the administrative disposition concerns payment of cash or other replaceable things or confirmation thereof, the administrative court may order payment of a different confirmed amount or a different confirmation.
Article 198
Where the administrative court adjudicates a litigation of revocation and finds that although the original disposition or decision is illegal but the revocation or amendment of the disposition will be materially detrimental to the public interest, the court may dismiss the plaintiff's case if it deems that the revocation or amendment of the original disposition or decision is manifestly contrary to the public interest after considering the harm suffered by the plaintiff, the compensation degree, measures of prevention and all other circumstances.
In the preceding Paragraph, it should be declared in the main text of the judgment that the original disposition or decision is illegal.
Article 199
Where the administrative court renders a judgment as prescribed in the preceding Article, the court shall order the defendant agency to provide compensation to the loss suffered as a result of the illegal disposition or decision in accordance with the plaintiff's statement.
If the plaintiff fails to raise the statement as provided in the preceding Paragraph, it may claim for damage award with the administrative court within one year after the judgement provided in the preceding Article becomes binding.
Article 200
In a litigation initiated by a person pursuant to Article 5 demanding for an administrative disposition or an administrative disposition with certain content, the administrative court shall render a decision in the following manners:
1. Where the plaintiff's claim is not in conformity with the applicable laws, the court shall dismiss the case by a ruling.
2. Where the plaintiff's claim is meritless, the court shall dismiss the case by a judgment.
3. Where the plaintiff's claim is meritorious and the facts and evidence of the claim are clear, the court shall order the government agency to render the requested administrative disposition as the plaintiff has petitioned.
4. Where the plaintiff's claim is meritorious but the facts and evidence of the claim are still unclear and concerns the discretion of the administrative agency, the court shall order the administrative agency to render a decision in response to the plaintiff's claim in line with the legal opinion stated in the judgment.
Article 201
Where an administrative disposition was rendered by the administrative agency ex officio, the administrative court may revoke such disposition only when the acts or omission of acts exceed its powers or constitute an abuse of powers.
Article 202
Where a party has either abandoned or admitted the claim during oral argument session, the administrative court shall, based on such abandonment or admission, enter a judgment against such party provided that the party has the authority in disposing of the right of the claim and no public interest is involved.
Article 203
If there is change of circumstances which was not predictable then after the constitution of a contract under public law, and if the performance of the original obligation arising therefrom will become obviously unfair, the administrative court may, on motion by a party, render a judgement for increasing or reducing the payment, or altering or lifting the original obligation.
If a party is an administrative agency, it may initiate the motion as provided in the preceding Paragraph for the purpose of preventing or avoiding causing manifest harm to the public interest.
The preceding two Paragraphs shall apply mutatis mutandis to pecuniary award occurred as a result of other grounds in public law.
Article 204
Judgments shall be published; judgments for which oral arguments were conducted shall be announced except for cases where parties explicitly express his or her absence on or fail to appear on the announcement day.
A judgment shall be announced on the day of the last oral-argument session or on a later date that is designated on the day of the last oral-argument session.
The date designated for announcing the judgment provided in the preceding Paragraph shall be no later than three weeks from the day of the conclusion of the oral argument session, except where cases are complex or there exist special circumstances.
The publication of a judgment shall be made by publishing the main text of the judgment on the administrative court's bulletin board or posting it on the administrative court's website. The administrative court clerk shall produce a report evidencing such fact noting the hour, date, month and year and attach such report in the dossier.
Article 205
A judgment announced will take effect irrespective of whether the parties appear in person to hear the announcement.
After a judgment is announced or published, the parties may, without waiting for its service, conduct acts of litigation on the basis of such judgment.
Article 206
The administrative court rendering the judgment becomes self-bound after the judgment is announced; in cases where no announcement is made, it becomes self-bound after the judgment is published.
Article 207
A ruling made with oral argument shall be announced. Notwithstanding, in cases where the parties explicitly express his or her absence or fail to appear on the announcement day, the ruling may be instead published.
A ruling which concludes a litigation shall be published.
Article 208
The administrative court, the presiding judge, commissioned judge or assigned judge who enters a ruling becomes self-bound after such ruling is announced; in cases where a ruling is not announced, it becomes self-bound after such ruling is published or served. Notwithstanding, the above provision does not apply to a ruling concerning the direction of proceedings or conditions otherwise provided.
Article 209
Judgment shall be made in a written form, indicating the following matters:
1. The full name and domicile or residence of the parties; in case of a juridical person, agency or association, its name and location, principal office or place of business;
2. The full name and domicile or residence of such party's statutory agent, representative or administrator;
3. The full name and domicile or residence of the advocate, if any;
4. In the case of a judgment based on oral argument, the date of the conclusion of the oral argument session;
5. The main text;
6. The facts;
7. The reasons;
8. The date, month and year; and
9. The administrative court.
Under the heading "facts", the parties' statements and purport of the means of attack or defense presented at the oral-argument sessions shall be indicated; when necessary, pleadings, transcripts and other documents may be appended to the judgment.
Under the heading "reasons", the court's opinion on the means of attack or defense and legal opinion shall be indicated.
Article 210
Authenticated copies of the judgment shall be served upon parties. Upon consent by the party to be served, authenticated copy of the judgement can be a record in electronic form, except that service of judgement upon a prisoner cannot be made by delivering electronic record.
The service provided in the preceding Paragraph shall be effectuated no later than ten days from the day when the administrative court clerk received the original copy of the judgment.
Where an appeal may be taken from a judgment, the period of time within which an appeal may be taken, and the administrative court to which the appeal pleading shall be submitted, shall be indicated in the authenticated copies of the judgment to be served upon the parties.
Where the period of time notified in the preceding Paragraph is incorrect and is shorter than the period fixed in applicable laws, such legally prescribed period shall prevail. Where the period of time notified is longer than the period fixed in applicable laws, the administrative court clerk shall issue a notice to rectify the time period no later than twenty days after the authenticated copy of the judgment is served and the period fixed in applicable laws shall run from the date after the notice to rectify the time period is served.
Where a party does not observe the period for taking an appeal from a judgment due to the failure by the administrative court to notify in accordance with Paragraph 3, or in case of error of notification, a notice to rectify was not issued in accordance with the preceding Paragraph, it should be regarded as a reason not imputable to such party and such party may move for restoration to status quo ante within one year after the judgement is served in accordance with Article 91.
Article 211
A judgment from which no appeal may be taken shall not be affected by reasons of an incorrect notice.
Article 212
A judgment becomes binding upon the expiration of the period of time for taking an appeal from a judgment. Notwithstanding, a timely appeal taken from a judgment in conformity with the law shall prevent that judgment from becoming binding.
A judgment from which no appeal may be taken becomes binding upon its announcement, or, if it is not announced, upon its publication.
Article 213
Res judicata exists as to a claim adjudicated in a final judgment with binding effect.
Article 214
In addition to all parties, a judgment with binding effect is binding on a person who becomes a party's successor after the initiation of the litigation and on a person who possesses the claimed object for the parties or their successors.
A judgment with binding effect in which a party has acted as the plaintiff or the defendant for another person is also binding on such other person.
Article 215
A judgement which revokes or amends the original administrative disposition or decision shall also be binding on a third party.
Article 216
A judgement which revokes or amends the original administrative disposition or decision shall also be binding on all relevant government agencies for the same matter.
Where the original administrative disposition or decision is revoked by a judgment and the government agency is ordered to render a new administrative disposition or decision, it shall be made in line with the instruction of the judgment.
Where the judgment provided in the preceding two Paragraphs points out that the legal opinion relied upon by the government agency is incorrect, the government agency shall be bound by the judgement and should not render a contrary or deviated decision or disposition.
The preceding three Paragraphs shall apply mutatis mutandis to other types of litigations.
Article 217
Paragraphs 2 to 4 inclusive of Article 204, Article 205, Article 210 of this Act and Article 228 of the Code of Civil Procedure shall apply mutatis mutandis to a ruling.
Article 218
Article 244, Article 227, Article 228, Article 230, Article 232, Article 233, Article 236, Article 237, Article 240, Article 385, Article 386, Article 388, Paragraphs 1 and 2 of Article 396, and Article 399 of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances as provided in this Section.