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When does the Court have the right to reject a petition?

The Court will have the right to reject a petition in following cases:

    • The plaintiff does not have the right to file a case as provided for in the Code of Civil Procedure or does not have the capacity to perform civil actions.
    • There are not the requisite conditions for filing a case as prescribed by law.
    • There are not the requisite conditions is a case in which the plaintiff fails to meet one of the conditions prescribed by law when filing a petition with the Court (e.g., filing a labor case prior to it being mediated by the labor mediator pursuant to the Labor Code, filing a case concerning a land dispute without it being mediated by the People’s Committee at the commune level where the dispute over land occurs under the Land Law).
    • The case has already been settled by an effective judgment or decision of a Court or by an effective decision of a competent state agency, except for cases in which the Court rejected a claim for divorce, a request for change in child custody, a change of alimony or damages amount, a change of trustee or estate administrator, a change of guardian, the return of a property or leased or lent property or the lease of a house or land use rights. In such cases, the Court deems that it has not yet accepted the claim and the plaintiff is allowed by law to re-file the case.
    • The time limit for payment of the advance court fees has expired in accordance with Article 195.2 of the 2015 Code of Civil Procedure and the plaintiff has failed to submit to the Court a receipt for the advance court fees. There are exceptions for cases in which the plaintiff is exempt from paying or is not liable to pay the advance court fees, or encounters an objective circumstance or a force majeure event.
    • The case does not fall within the jurisdiction of the Court.
    • The plaintiff fails to modify or supplement their petition at the request of the Judge.
    • An exception arises if the plaintiff’s petition includes a full and correct address of the residence of the defendant or person with related interests or obligations, but such person does not have stable residence or regularly changes their residence or its head office (without providing notice of the new address to competent agencies or persons in accordance with the law on residence). If the aim of the defendant is to conceal the address or shirk the performance of obligations to the plaintiff, the Judge will deem that the defendant or person with related interests or obligations deliberately concealed their address, and shall accept and settle the case according to general procedures.
    • If the plaintiff’s petition does not indicate a full, specific or correct name and address of the defendant or the person with related interests or obligations and the plaintiff fails to correct or supplement such details at the request of the Judge, the Judge shall return the petition.
    • The plaintiff withdraws their petition.

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