Goto Main Content
:::

Chapter Law Content

PART II PROCEDURE IN THE FIRST INSTANCE
Chapter I Ordinary Proceedings
Section 7 Settlement
Article 219
If a party to the litigation has the right to dispose of the subject matter and the settlement does not harm the public interest, the administrative court may attempt to mediate a settlement at any time, irrespective of the phase of the proceeding. If necessary, the settlement may include matters that are not the subject matter of the litigation.
The commissioned or assigned judge of the administrative court may also attempt to mediate a settlement referred to in the preceding Paragraph.
A third party may participate in the settlement with permission granted by the administrative court. If the administrative court considers it necessary, it may instruct a third party to participate in the settlement.
Article 220
For purposes of seeking settlement, the parties or their statutory agents, representatives or administrators may be ordered to appear in person.
Article 221
Where settlement is reached, a settlement transcript shall be made.
Articles 128 to 130 inclusive of this Act and Articles 214, Article 215, Articles 217 to 219 inclusive of the Code of Civil Procedure shall apply mutatis mutandis to the transcript provided in the preceding Paragraph.
Within ten days from the day when settlement is reached, an authenticated copy of the settlement transcript shall be served upon the parties and any third party who participates in the settlement.
Article 222
Where a settlement is reached, Article 213, Article 214 and Article 216 shall apply mutatis mutandis to its effect.
Article 223
Where grounds exist for nullifying or revoking the settlement, a party may move for continuing the litigation proceeding.
Article 224
A motion for continuing the litigation proceeding must be initiated within a peremptory period of thirty days.
The period provided in the preceding Paragraph starts to run from the time when the settlement is reached, or from the time when the ground for nullifying or revoking the settlement became known at a later date.
A motion for continuing the litigation proceeding may not be initiated after a period of three years has elapsed from the time when the settlement is reached, except where the parties have claimed that they were not legally represented.
Article 225
Where the motion for continuing the litigation proceeding is not in conformity with the applicable laws, the administrative court shall rule to dismiss the motion by a ruling.
Where the motion for continuing the litigation proceeding is meritless, the court may rule to dismiss the motion by a judgement without conducting oral arguments.
Article 226
Where the terms of the settlement have been revised as a result of the motion for continuing the litigation proceeding, Article 282 shall apply mutatis mutandis.
Article 227
If a settlement between the parties and a third party is invalid, or grounds exist for revoking such a settlement, a litigation may be initiated in the original administrative court seeking a declaratory judgment that the settlement is invalid or to seek a judgment to revoke the settlement.
For the situation referred to in the preceding Paragraph, a party to the litigation may move to consolidate the adjudication of the aforesaid litigation with that of the original litigation.
Article 228
Articles 224 to 226 shall apply mutatis mutandis to the circumstances prescribed in Paragraph 1 of the preceding Article.
Article 228-1
The following provisions of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances provided in this Section: Article 377-1, Article 377-2, and Article 380, Paragraph 3.