Part IV Interlocutory Appeal
Article 403
(Right to Interlocutory Appeal and Competent Court)
A party may file an interlocutory appeal to the direct appellate court if he/she disagrees with the court ruling, unless otherwise provided.
A witness, expert witness, interpreter, or other non-party under the ruling may also file an interlocutory appeal.
Article 404
The ruling relating to jurisdiction or litigation proceedings prior to the judgment is rendered shall not be appealed, except for the following rulings:
1. Where there are specific provisions permitting appeals.
2. The rulings regarding detention, release on bail, release to retrained of another, restriction on domicile or residence, restriction on exit from border, restriction on exit from island, search, seizure or return of seized property, sale, cash bond, physical examination, communication surveillance, or sending the defendant into a hospital or other institutions for expert examination, and the prohibition or seizure in accordance with the provisions of Paragraph 3 and Paragraph 4 of Article 105.
3. The ruling imposing the restriction on the interview or mutual correspondences between the defense attorney and the defendant.
Even the ruling as described in Subparagraph 2 and Subparagraph 3 of the preceding paragraph has been completed with the enforcement, the person receiving the ruling may still appeal against it, and the court shall not dismiss such an appeal on the grounds of no substantial interest due to the completion of the enforcement.
Article 405
(Restriction to Interlocutory Appeals (II))
No interlocutory appeals shall be filed against a decision made by the court of second instance regarding a case which is not appealable to the court of third instance.
Article 406
(Period for Interlocutory Appeals)
Unless otherwise provided, the period for interlocutory appeals is 5 days start from the service of ruling; provided that once the ruling is pronounced, an interlocutory appeal after the pronouncement and before the service is also effective.
Article 407
(Process of Interlocutory Appeal)
To file an interlocutory appeal, an interlocutory appeal in writing shall be submitted to the original trial court with ground of reasons for the interlocutory appeal specified.
Article 408
(Original Trial Court’s Disposition against Interlocutory Appeals)
The court shall overrule an interlocutory appeal by a ruling if it does not comply with legal formality, or it shall not be granted as a matter of law, or the right to interlocutory appeal has lapsed; provided that where the deficiency in legal formality is amendable, the court shall order an amendment to be made within a prescribed period.
The original trial court shall reverse the ruling upon finding the interlocutory appeal meritorious; the original trial court shall transmit the interlocutory appeal in writing along with its opinions to the court of interlocutory appeal within 3 days since receiving the interlocutory appeal upon finding the interlocutory appeal meritless in whole or in part.
Article 409
(Effects of an Interlocutory Appeal)
An interlocutory appeal does not suspend the execution of judgment; provided that the original court may suspend the execution by ruling before the court of interlocutory appeal rules.
The court of interlocutory appeal may suspend the execution of judgment by ruling.
Article 410
(Case File & Exhibits Transfer and the Ruling Period)
The original trial court shall hand over case dossier and exhibits to the court of interlocutory appeal if necessary.
The court of interlocutory appeal may request the original trial court to send case file and exhibits if necessary.
The court of interlocutory appeal shall make a ruling within 10 days since receiving case file and exhibits.
Article 411
(Measures against Illegal Interlocutory Appeals by Court of Interlocutory Appeal)
The court of interlocutory appeal shall overrule an interlocutory appeal by ruling if it satisfies the former part of Paragraph 1 of Article 408; provided that where the deficiency is amendable but not ordered an amendment by the original trial court, the presiding judge shall order an amendment to be made within a prescribed period.
Article 412
(Ruling for Meritless Interlocutory Appeals)
The court of interlocutory appeal shall overrule by ruling upon finding an interlocutory appeal meritless.
Article 413
(Ruling for Meritorious Interlocutory Appeals)
The court of interlocutory appeal shall reverse the original ruling by ruling upon finding it meritorious; such court may make its own ruling.
Article 414
(Ruling Notification)
The original trial court shall be notified the ruling by the court of interlocutory appeal promptly.
Article 415
(Re-appeals against Rulings)
No interlocutory appeals shall be filed against rulings by the court of interlocutory appeal; provided that a second interlocutory appeal may be filed against the following rulings on interlocutory appeals:
1. An interlocutory appeal against the ruling to dismiss the appeal;
2. An interlocutory appeal against a ruling on the motion for restoration of original condition due to overdue appeals;
3. An interlocutory appeal against a ruling on the motion for retrial;
4. An interlocutory appeal against motion for the change of sentence pursuant to Article 477;
5. An interlocutory appeal against ruling on the motion for discrepancy or objection pursuant to Article 486;
6. Interlocutory appeals filed by witness, expert witness, interpreter, and other non-parties.
The proviso of preceding paragraph does not apply to rulings which do not subject to interlocutory appeals pursuant to Article 405.
Article 416
A subject of a disposition, who objects to the following disposition made by a presiding judge, commissioned judge, assigned judge, or prosecutor, may petition the concerned court to withdraw or change the disposition. The subject of a disposition may still file the petition after the enforcement of the disposition is completed, and the court shall not dismiss it on the grounds of no substantial interest due to the completion of the enforcement:
1.A disposition regarding detention, release on bail, release to restrained of another, restriction on domicile or residence, restriction on exit from border, restriction on exit from island, search, seizure or the return of seized property, sale, cash bond, sending the defendant into a hospital or other institutions for expert examination, physical examination, communication surveillance, and the disposition of prohibition or seizure in accordance with the provisions of Paragraph 3 and Paragraph 4 of Article 105.
2.A pecuniary disposition imposed on a witness, an appraiser, or an interpreter.
3.A disposition imposing the restriction on the interview or mutual correspondences between the defender and the defendant.
4.A disposition of designation pursuant to Paragraph 3 of Article 34.
5.If the search or seizure, as described in the preceding paragraph, is revoked, the court may declare that, the seized items shall not be used as evidence during the trial.
The peremptory period for filing a petition as described in Paragraph 1 shall be five days, starting from the day that the disposition is rendered; in the case of delivering the disposition, upon the delivery of the disposition.
The provisions of Articles 409 through 414 shall apply mutatis mutandis to this Article.
The provisions of Paragraph 1 of Article 21 shall apply mutatis mutandis to petitions for withdrawal of or changes to a ruling made by an assigned judge.
Article 417
(Motion for Constructive Interlocutory Appeals)
The motion in the preceding article shall be filed to the said court with ground of reasons for disagreement in writing.
Article 418
(Remedies to Constructive Interlocutory Appeal, Mistaken Interlocutory Appeal, or Motion for Constructive Interlocutory Appeal)
One may not file an interlocutory appeal against court rulings for motions pursuant to Article 416; provided that an interlocutory appeal may be filed against motion to revoke fines.
Where an interlocutory appeal may be filed pursuant to this Part but a motion to set aside or change is mistakenly filed instead, it is deemed to have filed an interlocutory appeal; where a motion to set aside or change may be filed but an interlocutory appeal is mistakenly filed instead, it is deemed to have filed a motion.
Article 419
(Interlocutory Appeals apply mutatis mutandis Rules regarding Appeals)
Except otherwise stipulated in this Chapter, interlocutory appeals shall apply mutatis mutandis Chapter I of Part III regarding Appeals.