(Reasons and Right for Extraordinary Appeal)
After a judgment is final, if the trial of a case is found to in contravention of laws, the chief-procurator of the Supreme Prosecutors Office may file an extraordinary appeal to the Supreme Court.

(Motion for Extraordinary Appeal)
Where a prosecutor discovers situation listed in the preceding article, he/she shall submit an opinion in writing along with the case dossier and exhibits to the chief-procurator of the Supreme Prosecutors Office and file a motion for extraordinary appeal.

(Extraordinary Appeal)
To file an extraordinary appeal, reasons for the extraordinary appeal in writing shall be submitted to the Supreme Court.

(Exceptions to Oral Hearing (V))
A judgment for an extraordinary appeal may be pronounced without oral argument.

(Scope of Investigation)
Investigation by the Supreme Court is limited to items listed in the reason for the extraordinary appeal.
Article 394 shall apply mutatis mutandis to extraordinary appeals.

(Meritless Extraordinary Appeals – Overruled)
Meritless extraordinary appeals shall be overruled by ruling.

(Meritorious Extraordinary Appeals)
Where an extraordinary appeal is meritorious, the following judgments shall be pronounced respectively:
1. Where the judgment is in contravention of the laws and regulations, the part in contravention shall be set aside; provided that if the original judgment is against interests of the defendant, such case shall be separately adjudicated;
2. Where the litigation procedure is in contravention of the laws and regulations, such procedure shall be set aside.
Under circumstances specified in Subparagraph 1, if a case is dismissed for it is mistakenly thought to have no jurisdiction, or if it is necessary to protect a defendant’s other benefit accruing to the accused from one of the stages of trial, the original judgment may be set aside, and the original trial court shall retrial the case following procedure prior to the judgment.
However, a sentence heavier than the one in the original final judgment may not be pronounced.

(Effect of a Judgment for Extraordinary Appeal)
The effect of a judgment for extraordinary appeal does not apply to the defendant unless provided in the proviso of Subparagraph 1 of Paragraph 1 and Paragraph 2 of the preceding Article.