[1] The competent court of the case where the amount of litigation costs is determined in a judgment on a petition for retrial filed in the appellate court (=the first instance court)

[2] In a case where the party concerned raised an objection against a disposition by a judicial assistant on a motion for confirmation of the amount of litigation costs and the single judge of a district court approves the disposition by a judicial assistant, the competent court of the immediate appeal

[1] According to Article 110 of the Civil Procedure Act, in a case where the amount of litigation costs is not determined in a trial to determine the amount thereof, the first instance court shall determine the amount of litigation costs at the request of the parties after the judgment becomes final or after the judgment to bear the cost of litigation becomes executory, and even in a case where only the person to bear the cost of litigation is determined in the judgment of a petition for retrial filed in the appellate court and the amount is not determined, the first instance court shall

[2] A disposition taken by a judicial assistant against a motion for confirmation of the amount of litigation costs after a judgment designating the person liable for the costs of lawsuit becomes final and conclusive is conducted, and where a single judge of the district court approves the disposition of a judicial assistant, the case based on such objection shall be the competent court by the collegiate panel of the district court which is the appellate court.

[1] Article 110 of the Civil Procedure Act / [2] Article 110 of the Civil Procedure Act

Ulsan Metropolitan City Southern-gu

Re-appellant

Ulsan District Court Order 2006Kagi1181 dated November 22, 2006

The case shall be transferred to the collegiate panel of the Ulsan District Court.

ex officio deemed.

1. According to Article 110 of the Civil Procedure Act, where the amount of litigation costs is not determined in a trial which determines the burden of litigation costs, the first instance court shall decide to determine the amount of litigation costs at the request of the parties after the judgment becomes final or after the judgment on the burden of litigation costs has been executed. Thus, in a judgment on a petition for retrial filed in the appellate court, even if only the person to bear the litigation costs is determined and the amount is not determined, the first instance court shall decide to

Meanwhile, according to Article 2(1)1 of the Rules on Judicial Assistants according to delegation of Article 54 of the Court Organization Act, a judicial assistant officer may perform the affairs of the court in the procedure of determining the amount of litigation costs or the amount of enforcement costs pursuant to Articles 110 through 115 of the Civil Procedure Act. Article 4 of the Rules on Judicial Assistants provides that where a judge handles a case among the dispositions taken by a judicial assistant officer, he/she may file an objection against a disposition subject to appeal, immediate appeal, or special appeal (Article 4(1)). Of the dispositions taken by a judicial assistant officer, a judge of the competent court in receipt of an objection from a judicial assistant officer shall approve the disposition taken by the judicial assistant officer and send the case of objection to the appellate court where it is deemed that an objection against a disposition subject to appeal or immediate appeal is groundless, but in such case, an objection shall be deemed an appeal or immediate appeal (Article 6(5)5)).

2. Examining the record in light of the above provisions, in the case of the Ulsan District Court 2005Jinna 327 which the respondent filed against the applicant, the applicant seeks the confirmation of the amount of the litigation costs after the judgment that the respondent determined the person to whom the costs of the trial was to be borne by the respondent was made, and the disposition taken by the judicial assistant is deemed to have been conducted by the first instance court. Thus, in a case where a single judge belonging to the Ulsan District Court about the respondent's objection authorizing the disposition of the judicial assistant, the case of the immediate appeal shall be deemed to be the competent court collegiate division of the Ulsan District Court which is the appellate court.

3. Therefore, the case shall be transferred to the competent court as to the appeal. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yang Sung-tae (Presiding Justice)