Part  IV Interlocutory Appeal

Article 403(Right to Interlocutory Appeal and Competent Court)
A party may file an interlocutory appeal to the direct appellate court if he/she disagrees with the court ruling, unless otherwise provided.
A witness, expert witness, interpreter, or other non-party under the ruling may also file an interlocutory appeal.

Article 404(Restriction and Exception to Interlocutory Appeal)
One may not file an interlocutory appeal against rulings regarding jurisdiction or litigation procedure, except for the following rulings:
1. Where interlocutory appeals are allowed by laws;
2. Rulings regarding detention, release on bail, custody of another, a limitation on residence, search, seizure, return of seized property, committing the defendant to a hospital or other places for expert examination, and rulings regarding prohibition or seizure pursuant to Paragraphs 3 and 4 of Article 105.

Article 405(Restriction to Interlocutory Appeals (II))
No interlocutory appeals shall be filed against a decision made by the court of second instance regarding a case which is not appealable to the court of third instance.

Article 406(Period for Interlocutory Appeals)
Unless otherwise provided, the period for interlocutory appeals is 5 days start from the service of ruling; provided that once the ruling is pronounced, an interlocutory appeal after the pronouncement and before the service is also effective.

Article 407(Process of Interlocutory Appeal)
To file an interlocutory appeal, an interlocutory appeal in writing shall be submitted to the original trial court with ground of reasons for the interlocutory appeal specified.

Article 408(Original Trial Court’s Disposition against Interlocutory Appeals)
The court shall overrule an interlocutory appeal by a ruling if it does not comply with legal formality, or it shall not be granted as a matter of law, or the right to interlocutory appeal has lapsed; provided that where the deficiency in legal formality is amendable, the court shall order an amendment to be made within a prescribed period.
The original trial court shall reverse the ruling upon finding the interlocutory appeal meritorious; the original trial court shall transmit the interlocutory appeal in writing along with its opinions to the court of interlocutory appeal within 3 days since receiving the interlocutory appeal upon finding the interlocutory appeal meritless in whole or in part.

Article 409(Effects of an Interlocutory Appeal)
An interlocutory appeal does not suspend the execution of judgment; provided that the original court may suspend the execution by ruling before the court of interlocutory appeal rules.
The court of interlocutory appeal may suspend the execution of judgment by ruling.

Article 410(Case File & Exhibits Transfer and the Ruling Period)
The original trial court shall hand over case dossier and exhibits to the court of interlocutory appeal if necessary.
The court of interlocutory appeal may request the original trial court to send case file and exhibits if necessary.
The court of interlocutory appeal shall make a ruling within 10 days since receiving case file and exhibits.

Article 411(Measures against Illegal Interlocutory Appeals by Court of Interlocutory Appeal)
The court of interlocutory appeal shall overrule an interlocutory appeal by ruling if it satisfies the former part of Paragraph 1 of Article 408; provided that where the deficiency is amendable but not ordered an amendment by the original trial court, the presiding judge shall order an amendment to be made within a prescribed period.

Article 412(Ruling for Meritless Interlocutory Appeals)
The court of interlocutory appeal shall overrule by ruling upon finding an interlocutory appeal meritless.

Article 413(Ruling for Meritorious Interlocutory Appeals)
The court of interlocutory appeal shall reverse the original ruling by ruling upon finding it meritorious; such court may make its own ruling.

Article 414(Ruling Notification)
The original trial court shall be notified the ruling by the court of interlocutory appeal promptly.

Article 415(Re-appeals against Rulings)
No interlocutory appeals shall be filed against rulings by the court of interlocutory appeal; provided that a second interlocutory appeal may be filed against the following rulings on interlocutory appeals:
1. An interlocutory appeal against the ruling to dismiss the appeal;
2. An interlocutory appeal against a ruling on the motion for restoration of original condition due to overdue appeals;
3. An interlocutory appeal against a ruling on the motion for retrial;
4. An interlocutory appeal against motion for the change of sentence pursuant to Article 477;
5. An interlocutory appeal against ruling on the motion for discrepancy or objection pursuant to Article 486;
6. Interlocutory appeals filed by witness, expert witness, interpreter, and other non-parties.
The proviso of preceding paragraph does not apply to rulings which do not subject to interlocutory appeals pursuant to Article 405.

Article 416(Scope, Period, and Ruling for Quasi Interlocutory Appeal)
A subject of a ruling may file a motion to withdraw or change the following rulings to the court in charge if disagrees with the ruling made by the presiding judge, commissioned judge, requisitioned judge, or prosecutor.
1. Rulings regarding detention, release on bail, committing to the custody of another, a limitation on residence, search, seizure, return of seized property, committing the defendant to a hospital or other places for expert examination, and rulings regarding prohibition or seizure pursuant to Paragraphs 3 and 4 of Article 105;
2. Pecuniary penalty imposed on a witness, expert witness, or interpreter.
The court may exclude seized items from evidence if the search or seizure in preceding paragraph is withdrew.
The period for motion mentioned in Paragraph 1 is 5 days from the date of ruling or the day of service if it is served.
Articles 409 to 414 shall apply mutatis mutandis to this Article.
Paragraph 1 of Article 21 shall apply mutatis mutandis to motions to reverse or amend a ruling by a requisitioned judge.

Article 417(Motion for Constructive Interlocutory Appeals)
The motion in the preceding article shall be filed to the said court with ground of reasons for disagreement in writing.

Article 418(Remedies to Constructive Interlocutory Appeal, Mistaken Interlocutory Appeal, or Motion for Constructive Interlocutory Appeal)
One may not file an interlocutory appeal against court rulings for motions pursuant to Article 416; provided that an interlocutory appeal may be filed against motion to revoke fines.
Where an interlocutory appeal may be filed pursuant to this Part but a motion to set aside or change is mistakenly filed instead, it is deemed to have filed an interlocutory appeal; where a motion to set aside or change may be filed but an interlocutory appeal is mistakenly filed instead, it is deemed to have filed a motion.

Article 419(Interlocutory Appeals apply mutatis mutandis Rules regarding Appeals)
Except otherwise stipulated in this Chapter, interlocutory appeals shall apply mutatis mutandis Chapter I of Part III regarding Appeals.