Thursday, May 21, 2015

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Chapter One TRANSITIONAL PROVISIONS
572. (Principle of transitional measures)
With regard to a complaint filed before the application of this Code, procedures in connection with this complaint after the application of this Code shall apply pursuant to this Code, except where otherwise provided by this Book Ⅷ (Transitional provisions). In this case, the effect of the procedure applied before the application of this Code shall not be hindered by this provision. 573. (Transitional measures with regard to jurisdiction) The jurisdiction and transfer of action pending actually at the time of application of this Code shall be determined as heretofore. 574. (Transitional measures with regard to assignment of cases) 1 After filing a complaint, if this Law comes into effect prior to the appointment of the judge in charge of investigation or the conciliation procedure (hereinafter refer to “investigating judge”), the complaint shall be deemed to have been filed at the time of the application of this Code, and the provisions of Article 26 (Assignment of cases) shall apply. 2 After the appointment of the investigating judge, if this Code applies prior to the appointment of the presiding judge or other judges of the panel, the investigating judge shall be deemed to get the case assigned under the provision of Article 26 (Assignment of cases) of this Code. Nevertheless, if the president of the court of first instance is in charge of the conciliation, he shall be deemed to get the case assigned according to the provision of Article 26 (Assignment of cases). 3 With regard to cases under paragraph 2 above, the cases stated in paragraph 2 of Article 23 (Individual and panel systems for trials of first instance) of this Code, notwithstanding the provisions of paragraph 2 of this Article, shall be deemed to be filed at the time when this Code comes into effect and Article 26 (Assignment of cases) shall apply. 4 After filing the case to Uttor appellate court, where this Code comes into effect prior to the appointment of the judges, the case shall be deemed to be filed at the time of the application of this Code and the provisions of Article 26 (Assignment of cases) shall apply. 5 The provisions of paragraph 4 shall apply mutatis mutandis to the assignment of cases in the Satuk appellate court. 575. (Transitional measures with regard to ruling on exclusion or challenge) Where courts of first instance have not had enough judges to decide by a panel a motion for exclusion or challenge, the provision of paragraph 1 of Article 30 (Ruling on exclusion or challenge) of this Code shall apply for a period by changing the phrase “a panel of judges of the court to which the judge belongs” to “other judge of the court to which the judge belongs”.

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