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PART III APPELLATE PROCEDURE
Chapter II Appellate Procedure in the High Administrative Courts
Article 263-1
Unless otherwise provided for by law, the final judgments rendered by district administrative courts may be appealed to the relevant high administrative courts.
No appeals may be made against second-instance judgments rendered by high administrative courts.
Article 263-2
High administrative courts may not rescind judgments rendered by district administrative courts only because the district administrative courts should have adjudicated such matters through small claims or traffic adjudication proceedings but through ordinary proceedings.
High administrative courts may not rescind judgments rendered by district administrative courts only because the district administrative courts should have adjudicated such matters through traffic adjudication proceedings but through small claims proceedings.
For the situations covered by the preceding two paragraphs, high administrative courts should adjudicate the case following the appellate procedure that shall apply to such cases.
Article 263-3
If a district administrative court adjudicates an ordinary proceeding case through small claims proceeding or traffic adjudication proceeding, or if a district administrative court adjudicates a small claims case through a traffic adjudication proceeding, the high administrative court adjudicating the appeals shall rescind the original judgment and remand the case to the district administrative court with jurisdiction.
If a case of first instance that should be adjudicated by a high administrative court was adjudicated by a district administrative court, the high administrative court shall rescind the original judgment and make the first-instance judgment through an ordinary proceeding.
If the parties to a litigation misuse the procedure provided for in the first Paragraph, state "no objection" to the jurisdictional error provided for in the second Paragraph, or make a substantive claim or statement when knowing or should have known the jurisdictional error and not objecting to such error, the high administrative court shall adjudicate the case and make a judgment or ruling per the appellate trials of the original procedure, rather than applying the preceding two paragraphs.
Article 263-4
During appellate trials, if a high administrative court considers it necessary to unify the opinions expressed in judgments or rulings, it shall, through a court ruling, set out the reasons for transferring the case to the Supreme Administrative Court.
During appellate trials at a high administrative court, if a party to the litigation sees a difference in the legal opinions set out in previous judgments or rulings, and such legal opinions may affect the outcome of the litigation, the party to the litigation may apply to the high administrative court to transfer through a court ruling the case to the Supreme Administrative Court for adjudication. The procedure shall be governed by Article 15-4 of the Organization Act of Administrative Courts mutatis mutandis.
No appeals may be made against the rulings transferring the case and the rulings dismissing applications as provided for in the preceding two paragraphs.
Except for the preceding Paragraph, a division of the Supreme Administrative Court shall consult the other divisions of the Supreme Administrative Court in writing, and Articles 15-1, 15-2, from 15-5 to 15-11 shall apply mutatis mutandis.
Article 263-5
Except otherwise provided for in Article 259-1 and this Chapter, Chapter 1 of this Part and Chapter 1 of the preceding Part apply mutatis mutandis to the appellate trial proceedings of high administrative courts. In addition, Article 237-8 applies to the appeals of traffic adjudication cases.