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.

3. Adjudication

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.

4. Making Uniform Legal Opinions

When one of the panels of this Court considers it necessary to make uniform legal opinions, it may propose a case to the Grand Panel. There are two types of proposals. One type concerns the split opinions on legal issues. The other type concerns important legal principles. Parties to a litigation or suit may file motions to the adjudicative panel to propose the pending case to the Grand Panel.

When the Grand Panel adjudicates legal controversies, oral argument is necessary and parties have to represented by qualified professionals in order to protect the parties’ right to participate in the procedure of the Grand Panel.

The ruling made by the Grand Panel is binding on the matter submitted by the proposing panel. In other words, the proposing panel is legally obligated to adjudicate the matter submitted to the Grand Panel on the merits on the basis of the legal opinions held by the Grand Panel.

5. Deliberation

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.

6. 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

Procedural Chart of the Adjudication by Grand Panel