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Fair Transactions in Subcontracting Act — Article 35-5 (Notification of request for perusal of litigation records)

하도급거래 공정화에 관한 법률 제35조의5

This English translation is based on the Korean text effective 2025-12-17. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) Where there has been a court ruling to limit the applicant for perusal, etc. to the parties under Article 163 (1) of the Civil Procedure Act with respect to the records of the litigation for which a confidentiality order was issued (excluding lawsuits for which confidentiality orders have been entirely revoked) and a party has applied for the perusal, etc., but has taken the procedure through a person who has not received a confidentiality order, a court administrative officer, junior court administrative officer, chief court clerk, or senior court clerk (hereinafter referred to as "junior court administrative officer, etc.") shall immediately notify the party who has requested the restriction of the perusal, etc. under the same paragraph (those who have applied for the perusal, etc. are excluded; the same shall apply in the proviso of paragraph (2) below) of the fact that the application for perusal, etc. has been made.

(2) The junior court administrative officer, etc. shall not allow a person who has taken the application procedure for perusal, etc. to peruse, etc. the parts containing trade secrets until two weeks from the date an application for the perusal, etc. is made under paragraph (1) (referring to the time until the judgment on the application for a confidentiality order becomes final and conclusive in cases where an application for a confidentiality order is made within the relevant period for the person who has taken the application procedure for perusal, etc.); provided, the perusal, etc. may be allowed even before the elapse of such period under the main clause if all parties who have applied for the restriction of perusal, etc. under Article 163 (1) of the Civil Procedure Act agree to the perusal, etc. of the parts containing trade secrets by the person who has taken the application procedure for such perusal, etc.[This Article Added on Aug. 17, 2021]

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Korean original (law.go.kr) · Get articles as JSON via API

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