Part  III Appeals

Chapter  1 General Provisions

Article 344(Right to Appeal (I) - Party)
A party who disagrees with the judgment of a lower court may appeal to the appellate court.
Where a private prosecutor loses his legal capacity or dies prior to the conclusion of the argument, a person listed in Paragraph 1 of Article 319 may appeal for the said private prosecutor.
Where a complainant or victim disagrees with the judgment of a lower court, he/she may request the prosecutor to appeal with reasons set forth.
A prosecutor may appeal for interests of the defendant.
The original trial court shall report cases sentenced capital punishment or life imprisonment to the appellate court muto proprio without an appeal and notify parties.
Under the circumstance specified in the preceding paragraph, it is deemed that a defendant has appealed.

Article 345(Right to Appeal (II) – Independent Appeal)
Parents or spouse of a defendant may appeal independently for interests of the defendant.

Article 346(Right to Appeal (III) – Representative Appeal)
An agent or defense attorney in the original trial may appeal for interests of the defendant; provided that it may not be contrary to defendant’s express will.

Article 347(Right to Appeal (IV) – Prosecutor in Private Prosecutions)
A prosecutor may appeal independently for judgments in private prosecutions.

Article 348(Scope of Appeal)
The appeal may be brought against part of the judgment; if fails to specify the part appealed, it is considered as an appeal in whole.
Relevant parts of the partial judgment appealed are considered as appealed.

Article 349(Time Limit for Filing an Appeal)
The time limit for filing an appeal is 10 days start from the day the judgment is served; provided that appeals made after the judgment announcement and before the service are also effective.

Article 350(Appeal Process)
Appeals shall be brought to the original trial court with a written petition.
Copies of the written appeal shall be made in accordance with the number of opposing party.

Article 351(Appeals by Defendants in a Prison or Detention Center)
Where a defendant in a prison or detention center submits a written appeal to the officer in charge of such prison or detention center during the period for appeal, it is deemed to have appealed within the period for appeal.
Where a defendant could not prepare a written appeal, officers in the prison or detention center shall prepare such written appeal for the defendant.
Once the officer in charge of the prison or detention center receives a written appeal, he/she shall specify the time, date, month, and year of such reception and deliver it to the original trial court.
Where a defendant’s written appeal is not filed to the officer of a prison or detention center, the clerk of the original trial court shall notify such officer after receiving the written appeal.

Article 352(Service of Copies of the Written Petition)
A clerk of the original trial court shall serve copies of the written petition promptly to the opposing party.

Article 353(Waiver of the Right to Appeal)
A party may waiver his/her right to appeal.

Article 354(Appeal Withdrawal)
Appeals may be withdrawn before the judgment is made; the same rule shall apply to cases remanded to the original trial court by the court of third instance or cases remanded to other courts of the same level as the original trial court.

Article 355(Restrictions to Appeal Withdrawal (I) – Defendant’s Consent)
An appeal for interests of the defendant may not be withdrawn without consent of the defendant.

Article 356(Restrictions to Appeal Withdrawal (II) – Prosecutor’s Consent)
An appeal made by a private prosecutor may not be withdrawn without consent of the prosecutor.

Article 357(Jurisdiction for Appeal Waiver or Withdrawal)
A waiver of appeal rights shall be filed to the original trial court.
An appeal withdrawal shall be filed to the appellate court; provided that it could be filed to the original trial court before dossier of the case are handed over to the appellate court.

Article 358(Process for Appeal Waiver or Withdrawal)
An appeal waiver or withdrawal shall be made in writing, provided that it may be verbally initiated in the presence of the court on the trial date.
Article 351 shall apply mutatis mutandis where a defendant waivers the right to appeal or withdraws the appeal.

Article 359(Effect of an Appeal Waiver or Withdrawal)
Those who waiver or withdraw an appeal lose the right to appeal.

Article 360(Notice for Appeal Waiver or Withdrawal)
A clerk shall notify the opposing party promptly in case of an appeal waiver or withdrawal.