Korea 2018 Civil Procedure Act.pdf - CIVIL PROCEDURE ACT CIVIL PROCEDURE ACT Wholly Amended by Act No 6626 Jan 26 2002 Amended by Act No 7427 Mar 31

Korea 2018 Civil Procedure Act.pdf - CIVIL PROCEDURE ACT...

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CIVIL PROCEDURE ACT 1 CIVIL PROCEDURE ACT Wholly Amended by Act No. 6626, Jan. 26, 2002 Amended by Act No. 7427, Mar. 31, 2005 Act No. 7428, Mar. 31, 2005 Act No. 7849, Feb. 21, 2006 Act No. 8438, May 17, 2007 Act No. 8499, Jul. 13, 2007 Act No. 9171, Dec. 26, 2008 PART GENERAL PROVISIONS Article 1 (Ideal of Civil Procedure and Principle of Sincerity and Faith- fulness) (1) A court shall endeavor to have the litigation procedures progress fairly, swiftly and economically. (2) The concerned parties and participants of litigation shall perform the litigation sincerely and faithfully. CHAPTER COURTS SECTION 1 Jurisdiction Article 2 (General Forum) A lawsuit is subject to the jurisdiction of a court at the place where a defendant s general forum is located. Article 3 (General Forum of Person) General forum of a person shall be determined by his domicile: Provided, That in cases where he has no domicile in the Republic of Korea or his domicile is unknown, it shall be determined pursuant to his residence, and if his residence is unfixed or unknown, it shall be determined pur- suant to his last domicile. Article 4 (General Forum of Ambassador or Minister, etc.) In cases where an ambassador, a minister and other citizens of the Re- public of Korea who are exempted from an exercise of foreign jurisdic-
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CIVIL PROCEDURE ACT 2 tion have no general forum under Article 3, their general forums shall be the place where the Supreme Court is located. Article 5 (General Forum of Juristic Person, etc.) (1) General forum of a juristic person or any other association or foundation shall be determined pursuant to the place where its principal office or business place is located, and in cases where there exists no office and business place, it shall be determined pursuant to the domicile of the person principally in charge of its duties. (2) In cases where the provisions of paragraph (1) are applied to a foreign juristic person and any other foreign association or foundation, their general forums shall be determined pursuant to their offices, business places, or the domiciles of the persons in charge of their duties, in the Republic of Korea. Article 6 (General Forum of State) General forum of the State shall be the seat of the government agency, which represents the State in the relevant litigation, or that of the Su- preme Court. Article 7 (Special Forum of Workplace) A lawsuit against a person who works continuously in an office or busi- ness place may be brought to the court having the jurisdiction over the seat of such office or business place. Article 8 (Special Forum of Place of Residence or Place of Obligation Performance) A lawsuit concerning a property right may be brought to the court having the jurisdiction over the place of residence or the place of obligation performance. Article 9 (Special Forum of Payment Place of Bills or Checks) A lawsuit concerning bills or checks may be brought to the court lo- cated in the place of payment thereof.
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