The Procedure for Case Trials
1. Receiving Cases and Initial Review
After receiving the record of the case on appeal or interlocutory appeal from a lower court, the clerks of the Procedural Examination Section of this Court, under the rule that "procedure, not merits, should first be considered," check whether the case complies with procedural requirements. If not, either this Court returns the appeal or interlocutory appeal to the lower court to complete it or the Presiding Justice of the Initial Review Panel orders that the appellant(s) satisfy all procedural requirements within a designated period.
2. Assignment of cases to Panels
Regarding the cases on appeal, if filed after the statutory period or without paying the appellate filing fees after being informed, or cannot pay the filing fees due to the illegal nature of the case, then cases are assigned as cases of procedural matters. Otherwise, cases should be referred to the Presiding Justice of the Case Assignment Panel and be assigned as cases of merits matters to adjudication panels randomly by computer.
This Court is the instance of legal review. An appeal to this Court may only be filed on the ground that the judgment of lower courts is contrary to laws and ordinances. The adjudication is mainly based upon written submissions to this Court; oral argument would be held when deemed necessary. This Court will typically defer to the lower court’s findings of fact, but the materials presented in oral argument to this Court would be taken into consideration as well.
The adjudication panel of this Court, consisting of five Justices, decides cases through deliberation. In deliberation, the Presiding Justice acts as the chairperson and the panel reaches conclusions by simple majority.
5. Issuance of Judgment
Immediately after deliberation, the Clerk’s Sections publish the conclusion of the judgments and notify all the parties. The certified copies of the judgment are sent to all the parties once completed.
Procedural Chart of the Supreme Administrative Court
Nature of Case Chart (Data period: January 2000 to September 2012)
1. Types of Litigation Procedure:
2. Types of Cases:
If the appeals from rulings/judgments which are heard by this Court are classified according to the substantive law, tax cases have the greatest proportion accounting for almost 50% of the total cases, followed by land, examination and civil service, customs administration, trademark, insurance, business, construction, patent, labor and environmental protection cases. The remaining 12% includes Government Procurement Act, traffic, health and education related cases.