About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Republic of Korea

KR192

Back

Civil Mediation Act (Act No. 4202 of January 13, 1990, as amended up to Act No. 11157 of January 17, 2012)

 Civil Mediation Act

대한민국영문법령 https://elaw.klri.re.kr/html/print_hidden.htm

JUDICIAL CONCILIATION OF CIVIL DISPUTES ACT

Act No. 4202, Jan. 13, 1990 Amended by Act No. 4299, Dec. 31, 1990

Act No. 4505, Nov. 30, 1992 Act No. 5007, Dec. 6, 1995 Act No. 5589, Dec. 28, 1998 Act No. 6407, Jan. 29, 2001 Act No. 6626, Jan. 26, 2002 Act No. 9417, Feb. 6, 2009 Act No.10200, Mar. 31, 2010 Act No. 11157, Jan. 17, 2012

Article 1 (Purpose) The purpose of this Act is to settle civil disputes according to a simple procedure based on the mutual concession between the parties, common sense and actual circumstances. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 2 (Case of Conciliation) Parties of a civil dispute may file an application for conciliation with a court. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 3 (Competent Court) (1) A conciliation case shall be under the jurisdiction of the district court, the branch court of the district court, the Si court or the Gun

court (hereinafter referred to as "Si/Gun court"), which has the jurisdiction over one of the following subparagraphs: 1. The place of general forum of a respondent under Articles 3 through 6 of the Civil Procedure Act; 2. The place of business or business office of a respondent; 3. The place of work of a respondent; 4. The location of the subject-matter of disputes; 5. The place where damage occurs.

(2) Notwithstanding paragraph (1), a conciliation case may be placed under the jurisdiction of an exclusive competent court of a case equivalent thereto, or a court determined by agreement of parties.

[This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 4 (Transfer) (1) A judge in charge of a conciliation case, as designated by the chief justice of the high court, the chief judge of the district court or

the chief judge of a branch court of the district court, or a judge of a Si/Gun court in charge of a conciliation case (hereinafter referred to as "conciliation judge"), shall transfer cases to the competent court by means of a ruling, if no jurisdiction exists in his/her court: Provided, That this shall not apply where a respondent makes a statement in a conciliation procedure without a plea of non-competence or if a stay is deemed particularly necessary to resolve a case.

(2) A conciliation judge may transfer a case to another competent court ex officio or by decision according to the application of a party, if recognized as reasonable notwithstanding its competence thereof.

(3) No appeal against decisions prescribed in paragraphs (1) and (2) shall be made. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 5 (Form of Application) (1) An application for conciliation may be filed in writing or orally. (2) In cases of an oral application, an applicant shall make a statement in the presence of a court official of GradeⅣ,Ⅴ,Ⅵ orⅦ

(hereinafter referred to as "court official of GradeⅣ, etc."). (3) In cases under paragraph (2), a court official of GradeⅣ, etc. shall make a court record of the application for conciliation, and sign

his/her name and affix his/her seal thereto. (4) In cases of application for conciliation, an application fee shall be paid, as prescribed by the Supreme Court Regulations. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 5-2 (Shifting Demand Procedure to Conciliation) (1) Where the court which has issued a payment order pursuant to Article 473 (1) of the Civil Procedure Act following the receipt of an

objection lawfully raised by a debtor pursuant to Article 469 (2) of the same Act orders the supplementation of the stamps, a creditor may file a request for shifting the demand procedure to conciliation within the relevant period in lieu of supplementing the stamps.

(2) When a request for shift filed pursuant to paragraph (1) is deemed unlawful, the abovementioned court shall dismiss it by its ruling. An immediate appeal may be made against such ruling.

(3) Notwithstanding the provisions of Article 472 (2) of the Civil Procedure Act, where a creditor has filed a lawful request for shift pursuant to paragraph (1), it shall be deemed that the conciliation has been applied for the value of claim's objects against which an objection was raised when the request for a payment order was filed.

[This Article Newly Inserted by Act No. 11157, Jan. 17, 2012]

1/21/2014 12:15 PM1 of 7

대한민국영문법령 https://elaw.klri.re.kr/html/print_hidden.htm

Article 5-3 (Dispositions Following Shift of Demand Procedure to Conciliation) (1) Where conciliation is deemed to have been applied for pursuant to Article 5-2 (3), the court which has issued a payment order

shall order a creditor, when he/she applies for conciliation, to supplement the stamp equivalent to the amount obtained by deducting the amount of revenue from stamps attached upon the request for payment order from the amount of the fee payable under Article 5 (4) within a resonable period.

(2) When a creditor fails to pay the fees for the stamps within the period under paragraph (1), the aforementioned court shall dismiss by its ruling a request for the payment order. An immediate appeal may be made against such ruling.

(3) If the stamps as stipulated in paragraph (1) are supplemented, a court official of Grade V, etc. shall promptly forward the record on the conciliation case to the competent court described in Article 3.

(4) In cases of Article 5-2, the expenses incurred in the demand procedures shall be deemed to constitute some of the expenses incurred in the conciliation procedures.

[This Article Newly Inserted by Act No. 11157, Jan. 17, 2012]

Article 6 (Conciliation Referral) A court of a suit may, if deemed necessary, refer a case pending therein to conciliation by a ruling before a judgment in an appellate trial is given. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 7 (Organs of Conciliation) (1) Cases of conciliation shall be dealt with by the conciliation judge. (2) A conciliation judge may directly conciliate cases or have the commissioners (hereinafter referred to as "standing commissioners")

who regularly deal with the affairs related to conciliation under this Act and a council of conciliation conciliate cases: Provided, That he/she shall allow the council of conciliation to conciliate cases if a party makes such application.

(3) The court of a suit may directly conciliate cases, notwithstanding paragraphs (1) and (2), if the court of the suit refers cases to conciliation pursuant to Article 6, and if deemed appropriate to directly handle cases.

(4) The standing commissioners and the court of the suit that conciliate cases under the main sentence of paragraph (2) and paragraph (3) shall have the same power as a conciliation judge.

(5) In cases under paragraph (3), the court of the suit may have a commissioned judge or an entrusted judge take charge of conciliation. In such cases, the commissioned judge or the entrusted judge shall have the same power as a conciliation judge.

[This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 8 (Council of Conciliation) A council of conciliation shall be comprised of a chief commissioner and two or more commissioners. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 9 (Chief Commissioner) A chief commissioner shall be as follows:

1. In cases under Article 7 (2), a conciliation judge or a standing commissioner; 2. In cases under Article 7 (3), the chief judge of the court of the suit; 3. In cases under Article 7 (5), a commissioned judge or an entrusted judge; 4. In cases under a Si/Gun court, a judge of the Si/Gun court.

[This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 10 (Commissioner) (1) A commissioner shall be appointed, in advance, by the chief justice of a high court, the chief judge of a district court or the chief

judge of a branch court of a district court from among persons who have advanced knowledge and high moral reputation: Provided, That a standing commissioner shall be appointed by the Minister of National Court Administration from among persons who are a licensed attorney with certain careers determined by the Supreme Court Regulations.

(2) The term of office of commissioners shall be two years: Provided, That under special circumstances, a commissioner may be commissioned with his/her term of office fixed within two years.

(3) Any commissioner under paragraph (1) shall execute the following affairs: 1. Participating in a conciliation case; 2. Hearing opinions of persons involved in cases to resolve disputes or conducting affairs necessary to deal with conciliation cases

according to entrustment of a conciliation judge or a chief commissioner. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 10-2 (Commissioner Comprising Council of Conciliation) Commissioners, who comprise a council of conciliation, shall be designated under agreement of the parties or by a chief commissioner, from among commissioners under Article 10 (1) for each case. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 11 (Conciliation Proceeding) The conciliation proceeding by a council of conciliation shall be conducted by the chief commissioner. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 12 (Allowance, etc. of Commissioners) In accordance with the Supreme Court Regulations, a commissioner shall be paid an allowance and, if necessary, travelling expenses, daily allowances, and lodging cost. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 13 (Examination of Payment of Fees)

1/21/2014 12:15 PM2 of 7

대한민국영문법령 https://elaw.klri.re.kr/html/print_hidden.htm

(1) If an applicant fails to pay fees prescribed in Article 5 (4), the conciliation judge shall determine an appropriate period and issue orders for payment of such fees within such period.

(2) If an applicant fails to comply with an order issued pursuant to paragraph (1), the conciliation judge shall dismiss the application by order.

(3) An immediate appeal may be made against an order under paragraph (2). <Amended by Act No. 11157, Jan. 17, 2012> [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 14 (Service of Written Application for Conciliation, etc.) A written application for conciliation or a court record of an application for conciliation shall be served on a respondent without delay. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 14-2 (Separation or Joinder of Cases) Conciliation organs provided for in Article 7 may order a separation or joinder of conciliation cases, or may revoke such order. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 15 (Date of Hearing for Conciliation) (1) The hearing date for conciliation shall be notified to the parties. (2) Notification of the date may be made in any appropriate manner, such as the service of a writ of summons. (3) Where both parties appear before the court and apply for conciliation, a hearing for conciliation shall be held on the day of the

application, except where any special circumstance exists. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 16 (Joining by Interested Person) (1) A person interested in the result of conciliation may join the conciliation proceedings upon permission from a conciliation judge. (2) The conciliation judge may, if it is deemed necessary, allow a person interested in the result of conciliation to join the conciliation

proceedings. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 17 (Rectification of Respondent) (1) If it is obvious that an applicant has designated a wrong respondent, a conciliation judge may, upon application of the applicant,

grant permission for rectification of the respondent by decision. (2) When the decision of permission is made under paragraph (1), an application for conciliation on a new respondent shall be

regarded to have been raised at the time an application for rectification is filed under paragraph (1). (3) When the decision of permission is made under paragraph (1), an application for conciliation against the previous respondent shall

be regarded to have been withdrawn at the time of an application for rectification is filed under paragraph (1). (4) With respect to cases referred to conciliation by the court of first instance pursuant to Article 6, the rectification of a respondent

made under Article 260 of the Civil Procedure Act shall be binding in the legal proceedings. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 18 (Representative of Party) (1) If a party consists of not less than one person with a common interest, those in the party may appoint one or more persons among

themselves as the representative of the party. (2) The appointment under paragraph (1) shall be attested in writing. (3) The conciliation judge may, if necessary, order the party to appoint the representative of the party. (4) The representative of the party may, for the interest of the party, perform all conciliation activities individually except the following

cases: 1. Acceptance of conciliation condition draft; 2. Withdrawal of application for conciliation; 3. Activities related to decisions under Articles 30 and 32; 4. Appointment of an attorney.

(5) If the representative of the party is appointed, a notification of the hearing date for conciliation may not be served on the persons in the party, other than the representative of the party.

[This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 19 (Place of Conciliation) A conciliation judge may hold a conciliation hearing, according to the actual circumstances of the case, in an appropriate place out of a court. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 20 (Non-Publicity) Conciliation proceedings may not be disclosed publicly: Provided, That a conciliation judge may allow other persons to attend conciliation proceedings, if deemed appropriate, even if such conciliation proceedings are not open to the public. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 21 (Disposition before Conciliation) (1) Where deemed particularly necessary for conciliation, a conciliation judge may, upon application of one party, issue the following

orders to the other party or other person interested in the case, before such conciliation: 1. Prohibition of changing the status quo (the site), or disposing of goods; 2. Prohibition of other acts which make it impossible or considerably difficult to accomplish the purpose of the conciliation.

(2) In taking measures under paragraph (1), a sanction against infringement under Article 42 shall be informed. (3) An immediate appeal may be made against any measure under paragraph (1).

1/21/2014 12:15 PM3 of 7

대한민국영문법령 https://elaw.klri.re.kr/html/print_hidden.htm

(4) Any measure under paragraph (1) shall not have the executive power. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 22 (Hearing of Statement and Investigation of Evidence) If a conciliation judge hears the statement of a party or any person interested in the conciliation and, if deemed necessary, he/she may investigate the facts and the evidence by appropriate means. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 23 (Restriction on Use of Statement) The statement of a party or any person interested in conciliation proceedings shall not be used as evidence in a civil procedure. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 24 (Preparation of Court Record) The court official of GradeⅣ, etc. attending conciliation, shall keep a court record: Provided, That he/she may omit a part of its content with permission of a conciliation judge. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 25 (Dismissal of Application for Conciliation) (1) Where the hearing date for conciliation cannot be served on the party, a conciliation judge may dismiss an application for

conciliation by decision. (2) No appeal against dismissal under paragraph (1) shall be filed. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 26 (Rulings Not to be Proceeded with Conciliation) (1) Where a case is deemed not suitable in its nature for conciliation or a party is deemed to file an application for conciliation with

unjustifiable intent, a conciliation judge may terminate the procedure by decision under which no conciliation shall be proceeded with.

(2) No appeal against the decision under paragraph (1) shall be filed. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 27 (Failure of Conciliation) If a case falls under any of the following, and a conciliation judge makes no decision under Article 30, he/she shall terminate such case as failed conciliation:

1. If an agreement fails to be reached between the parties; 2. If it is deemed that details of agreement are inappropriate.

[This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 28 (Completion of Conciliation) Conciliation shall be made by writing the terms of agreement between the parties in the court record. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 29 (Effect of Conciliation) Conciliation shall have the same effect as a settlement in court. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 30 (Decision in Lieu of Conciliation) Where agreement has not been made or where the terms of agreement are unreasonable, a conciliation judge shall make a decision on cases for fair resolution of the case, considering interests of parties and all the relevant circumstances ex officio, unless unreasonable, to the extent of the purport of the application. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 31 (Non-Appearance of Applicants) (1) Where an applicant fails to appear for the hearing for conciliation on the hearing date, another hearing date shall be determined

and served on the applicant. (2) Where an applicant fails to appear for hearing on the new hearing date under paragraph (1) or one of subsequent hearing dates,

the application for conciliation shall be regarded to have been withdrawn. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 32 (Non-Appearance of Respondent) Where a respondent fails to appear for hearing for conciliation on the hearing date, a conciliation judge shall make a decision provided for in Article 30 ex officio unless any reasonable ground exists. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 33 (Service of Court Record on Conciliation) (1) If falling under any of the following subparagraphs, the court official of GradeⅣ, etc. shall write such fact in the court record:

1. If there is a ruling not to proceed with conciliation for cases; 2. If conciliation fails; 3. If a decision is made in lieu of conciliation.

(2) The court official of GradeⅣ, etc. shall serve a copy of the court record stating a ruling not to proceed with conciliation or failure of agreement, and an authentic copy of the court record under Article 28 or the court record stating a decision made in lieu of conciliation, on each party.

[This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

1/21/2014 12:15 PM4 of 7

대한민국영문법령 https://elaw.klri.re.kr/html/print_hidden.htm

Article 34 (Objection) (1) A party may file an objection against the decision under Article 30 or 32 within two weeks from the date on which an authentic

copy of the court record was served on him/her: Provided, That an objection may be filed prior to the service of the authentic copy of the court record.

(2) Where an objection is filed within the period under paragraph (1), the conciliation judge shall notify the other party without delay. (3) A party who has filed an objection may withdraw the objection with the consent of the other party until any court of a corresponding

level makes judgment on the case. In such cases, Article 266 (3) through (6) of the Civil Procedure Act shall apply mutatis mutandis, but "suit" in the provisions shall be regarded as "objection".

(4) Where it falls under any of the following subparagraphs, the decisions under Articles 30 and 32 shall have the same effect as a settlement in court:

1. When no objection is filed within the period under the provisions of paragraph (1); 2. When an objection is withdrawn; 3. When an objection is dismissed under the Supreme Court Regulations.

(5) The period mentioned in paragraph (1) shall be peremptory. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 35 (Interruption of Extinctive Prescription) (1) An application for conciliation shall have the effect of interruption of extinctive prescription. (2) If any ground falling under any of the following subparagraphs exists with regard to the case for conciliation filed by an applicant, it

shall not have the effect of interruption of extinctive prescription unless he/she files a suit within one month: <Amended by Act No. 4505, Nov. 30, 1992>

1. When an application for conciliation is withdrawn; 2. When an application for conciliation is regarded to have been withdrawn under Article 31 (2).

[This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 36 (Shifting to Civil Procedure Due to Objection) (1) Where it falls under any of the following subparagraphs, a suit shall be regarded to have been filed at the time an application for

conciliation is filed: 1. Where there is a ruling not to proceed with conciliation pursuant to Article 26; 2. Where a case is terminated by the ruling that agreement has failed to be reached pursuant to Article 27; 3. Where an objection is filed within the period mentioned in Article 34 (1) against the decision in lieu of conciliation under Article 30

or 32. (2) Where a suit shall be regarded to have been raised at the time an application for conciliation pursuant to paragraph (1) is filed, the

fee shall be added to the amount needed to file a suit. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 37 (Procedural Costs) (1) Where agreement of conciliation has been reached, expenses incurred therein shall be borne by each party unless otherwise

specially agreed upon between the parties, and where agreement of conciliation has not been reached, they shall be borne by the applicant.

(2) Where an application for conciliation has shifted to a civil procedure under Article 36 (1), the expenses under paragraph (1) shall be regarded as part of the costs involved in a suit.

[This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 38 (Application Mutatis Mutandis of Civil Procedure Act) (1) With regard to conciliation, Articles 51, 52, 55 through 60 (excluding the latter part of Article 58 (1)), 62, 63 (1), 64, 87, 88, 145,

and 152 (2) and (3) of the Civil Procedure Act shall apply mutatis mutandis. (2) The provisions of the Civil Procedure Act shall apply mutatis mutandis to the fixed date, period, and the service of documents, as

prescribed in this Act: Provided, That Articles 185 (2), 187, and 194 through 196 of the Civil Procedure Act shall apply mutatis mutandis only to the service of the court record prepared under Article 28 of this Act.

[This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 39 (Application Mutatis Mutandis of Non-Contentious Case Litigation Procedure Act) Part I (excluding Article 15) of the Non-Contentious Case Litigation Procedure Act shall, unless it is contrary to its nature, apply mutatis mutandis to the conciliation, except as especially provided for in this Act. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 40 (Authority of Council of Conciliation and Chief Commissioner) Where a council of conciliation conciliates a case, the council of conciliation and the chief commissioner shall have the authority of a conciliation judge, as classified below:

1. Council of conciliation: The authority vested to a conciliation judge prescribed under Articles 16, 17 (1), 18 (3), 19, 21 (1), 22, 25 (1), 26 (1), 27, 30 and 32;

2. Chief commissioner: The authority vested to a conciliation judge prescribed under Articles 13 (1) and (2), 20, 24, 34 (2) and 42. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 40-2 (Legal Fiction as Public Officials of Standing Commissioners) In the application of Articles 129 through 132 of the Criminal Act, standing commissioners shall be deemed public officials. [This Article Newly Inserted by Act No. 9417, Feb. 6, 2009]

Article 41 (Penal Provisions) (1) A person, who is or has been a conciliation commissioner, has revealed the process of conference, the opinion of the chief

1/21/2014 12:15 PM5 of 7

대한민국영문법령 https://elaw.klri.re.kr/html/print_hidden.htm

commissioner or the conciliation commissioner, and the number of conciliation commissioners by opinion without a justifiable ground, shall be punished by a fine not exceeding 300 thousand won.

(2) A person, who is or has been a conciliation commissioner, discloses any confidential information of another person he/she has become aware of while performing his/her duty, without a justifiable ground, shall be punished by imprisonment for not more than two years or a fine not exceeding one million won.

(3) The public prosecution against the crime under paragraph (2) shall not be charged without accusation. [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 42 (Sanction against Breach of Order before Conciliation) (1) Where a party or a joiner fails to comply with the order before conciliation under Article 21, a conciliation judge shall impose upon

him/her a fine for negligence not exceeding 300 thousand won ex officio. (2) The provisions concerning the public prosecutor in Articles 248 and 250 of the Non-Contentious Case Litigation Procedure Act

shall not apply to a trial for a fine for negligence under paragraph (1). [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

Article 43 (Delegation Provision) Except as provided for in this Act, the hearings of opinions, factual investigations, investigation of evidence, prepayment of procedural costs in conciliation procedures, relationship with demanding procedures, civil procedures, and executory procedures, and other matters necessary for conciliation shall be determined by the Supreme Court Regulations. <Amended by Act No. 11157, Jan. 17, 2012> [This Article Wholly Amended by Act No. 10200, Mar. 31, 2010]

ADDENDA (1) (Enforcement Date) This Act shall enter into force on September 1, 1990.

(2) (Repealed Act) The Conciliation on Lending of Land and House Act (Act No. 969) is hereby repealed. (3) (Transitional Measures) This Act shall be applied to cases pending in court according to the previous provisions at the time when this Act enters into force.

ADDENDA <Act No. 4299, Dec. 31, 1990> (1) (Enforcement Date) This Act shall enter into force on January 1, 1991.

(2) through (4) Omitted.

ADDENDA <Act No. 4505, Nov. 30, 1992> (1) (Enforcement Date) This Act shall enter into force on January 1, 1993. (2) (Transitional Measures) This Act shall be applied to cases pending in court according to the previous provisions at the time when this Act enters into force. (3) Omitted.

ADDENDA <Act No. 5007, Dec. 6, 1995> (1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (2) (Transitional Measures) Notwithstanding the amended provisions of Article 10 (1), the previous Act shall be applied to the term of the commissioner who is already entrusted under the previous provisions at the time when this Act enters into force.

ADDENDA <Act No. 5589, Dec. 28, 1998> (1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (2) (Transitional Measures) This Act shall apply to cases pending in court at the time when this Act enters into force: Provided, That this shall not prejudice any effect already taken under the previous provisions.

ADDENDUM <Act No. 6407, Jan. 29, 2001> This Act shall enter into force on the date of its promulgation.

ADDENDA <Act No. 6626, Jan. 26, 2002> Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2002.

Articles 2 through 7 Omitted.

ADDENDA <Act No. 9417, Feb. 6, 2009> (1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.

(2) (Transitional Measures) This Act shall apply to cases pending in court at the time when this Act enters into force.

ADDENDUM <Act No. 10200, Mar. 31, 2010>

1/21/2014 12:15 PM6 of 7

대한민국영문법령 https://elaw.klri.re.kr/html/print_hidden.htm

This Act shall enter into force on the date of its promulgation.

ADDENDA <Act No. 11157, Jan. 17, 2012> Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation.

Article 2 (Applicability concerning Shifting Demand Procedure to Conciliation and Disposition thereof) The amended provisions of Articles 5-2 and 5-3 shall apply beginning with the first relevant demand procedures against which a debtor raises an objection under Article 469 (2) of the Civil Procedure Act after this Act enters into force.

1/21/2014 12:15 PM7 of 7