PART I GENERAL PRINCIPLES
CHAPTER IV LITIGATION PROCEEDINGS
Section 6 Decision
Except for decisions to be rendered in the form of a judgment as provided by this Code, all decisions shall be made in the form of a ruling.
Except as otherwise provided, a judgment shall be based on the parties?oral arguments.
No judge who did not participate in the arguments on which a judgment is based may participate in making the judgment.
Except as otherwise provided, in making a judgment the court shall, taking into consideration the entire import of the oral argument and the result of evidence-taking, determine the facts by free evaluation.
Where a party has proved 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 conviction.
The court shall not violate the rules of logic and experience in finding the facts by free evaluation.
The judgment shall specify the reasons on which the determination is based.
(1) 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.
(2) 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.
(3) The date designated for announcing the judgment provided in the preceding paragraph shall be no later than two weeks from the day of the conclusion of the oral argumentfor cases which are adjudicated by a single judge, and shall be no later than three weeks for cases which are adjudicated by judges sitting in council, except where cases are complex or there exist special circumstances.
(4) The announcement of judgment provided in the preceding paragraph shall be based on the original copy of the judgment already made.
(1) The announcement of judgment shall be made by reading aloud the main text and, where necessary, the reasons for the judgment shall be read aloud or the purport thereof shall be stated verbally.
(2) The publication of a judgment shall be made by publishing the main text of the judgment on the court's bulletin board or posting it on the court's website. The court clerk shall produce a report evidencing such fact noting the hour and date and shall include such report in the dossier.
A judgment announced will take effect irrespective of whether the parties appear in person to hear the announcement.
Every 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, an unincorporated association or agency, its name and principal office, other office or place of business;
2. The full name and domicile or residence of such party's statutory agent and advocate, if any;
3. The subject matter of the action and in the case of a judgment based on an oral argument, the date of the last oral-argument session;
4. The main text;
5. The facts;
6. The reasons;
7. The date; and
8. The court.
Under the heading "facts" shall be indicated the parties'statements presented at the oral-argument sessions and the purport of the means of attack or defense that the court considers just.
Under the heading "reasons" shall be indicated the court's opinions on the means of attack or defense and legal opinions.
In cases of a default judgment or a judgment based on a party's admission of all facts, the facts and reasons thereof may be indicated briefly.
The judges who enter the judgment shall sign their full names in the judgment; in cases where one of them cannot sign for whatever reason, the presiding judge shall make a note of such fact; in cases where the presiding judge cannot sign, the senior associate judge shall make such note.
The original copy of the judgment shall be delivered to the court clerk on the same day of its announcement; in cases where the judgment is announced during the last oral-argument session, it shall be delivered within five days of that session.
The court clerk shall indicate the date of receipt of the judgment in the original copy of the judgment and sign on the judgment.
Authenticated copies of the judgment shall be served upon parties.
The service provided in the preceding paragraph shall be effectuated no later than ten days from the day when the 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 court to which the appeal pleading shall be submitted, shall be indicated in the authenticated copy of the judgment to be served upon the parties.
Every authenticated or excerpted copy of a judgment shall be denominated as such, signed by the court clerk and impressed with the seal of the court.
The 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.
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.
In case of any clerical or mathematical mistakes, or other similar obvious mistakes in the judgment, the court may, on motion or on its own initiative, correct such mistakes by a ruling; the same principle will apply to a discrepancy, if any, between the original copy and the authenticated copy.
The ruling provided in the preceding paragraph is to be added to the original and authenticated copy of the judgment; in cases where the original copy has been served and the remedial ruling cannot be added, an original copy of such ruling shall be made and served on the parties.
An interlocutory appeal may be taken from a ruling making a correction or a ruling denying the motion for correction, except where an appeal has been legally taken from the judgment.
Where there is any omission in the decision either with regard to a part of the claim or with regard to litigation expenses, the court shall, on motion or on its own initiative, supplement its decision by another judgment.
An appeal against the omission in the judgment shall be deemed a motion for a supplemental judgment.
Where the oral argument concerning the omitted part has been concluded, the court shall promptly enter a supplemental judgment; where such oral argument has not been concluded, the presiding judge shall promptly designate a date for the relevant oral argument.
In case of a supplemental judgment entered for the omission of a decision on litigation expenses, where an appeal has been legally taken from a judgment on the merits, the appellate court shall adjudicate the supplemental judgment and the judgment on the merits jointly.
A ruling shall be issued when denying a motion for a supplemental judgment.
A ruling may be made without oral argument.
Except as otherwise provided, where a ruling is made without oral argument, the court may order the persons concerned to present their statements by pleadings or orally.
(1) 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.
(2) A ruling which concludes an action without oral argument shall be published.
A ruling which is not announced shall be served.
A ruling from which an appeal may be taken shall be served.
A ruling denying a motion or with regard to a disputed motion shall state the reason therefor.
The 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 principle does not apply to a ruling concerning the direction of proceedings or cases for which it has been otherwise provided.
The provisions of the second paragraph of Article 221, the second and the third paragraphs of Article 223, the second paragraph of Article 224, Article 225, Article 227 to Article 230 inclusive, the second paragraph of Article 231, Articles 232 and Article 233 shall apply mutatis mutandis to rulings.
A measure taken by the court clerk shall be notified to the persons concerned by service of process or other means.
An objection to a measure taken by the court clerk may be raised within ten days from the day following the service or receipt of the notification thereof, and the court to which the court clerk belongs shall rule on the objection.