What is service?
Definition of service
- When an action is brought, the court sends litigation documents to the other party in the litigation on an ex officio basis to alert the other party that the action has been brought and to offer an opportunity to defend (Article 174 of the Civil Procedure Act) in an act known as service.
Method of service
- In principle, service is to be effected using direct delivery to the person being served (Article 178 of the Civil Procedure Act).
· However, if such service by delivery is not possible, service may be effected by means such as supplementary (proxy) service (Article 186(1) and (3) of the Civil Procedure Act), service by retention (Article 186(3) of the Civil Procedure Act), service by mail (dispatch) (Article 187 of the Civil Procedure Act), service by box (Article 188 of the Civil Procedure Act), service by telephone (Article 46(1) of the Civil Procedure Rule), or service by public notice (Article 195 of the Civil Procedure Act).
Divorce by public notice
What is divorce by public notice?
- Service by public notice is effected by the application of a party or ex officio by a court where documents cannot be served on the other party by usual means because the other party’s domicile or workplace cannot be known, etc. A junior administrative officer, etc. of a court retains the documents to be serviced and readies them for service at any time by ① posting the cause to the court’s bulletin board, ② publishing to a gazette, bulletin, or newspaper, or ③ giving public notice using an electronic communications medium (Articles 194 and 195 of the Civil Procedure Act; Article 54(1) of the Civil Procedure Rule).
Service by public notice on the application
- To apply for service by public notice to a court because the address of the other party to the divorce litigation is unknown, submit the following documents to the family court to which the action for divorce was brought:
2. Materials showing that the other party’s current address is unknown, such as a certified copy of expunged resident registration, confirmation of nonresidence from the Tong head or president of the neighborhood association at the last known domicile, or confirmation of unknown whereabouts by the other party’s family member (parent, brother, sister, etc.)
The court’s ex officio service by public notice
- If the court cannot expect the party to apply for service by public notice or, if necessary, to prevent delay to the litigation, it effects service by public notice ex officio.
Effect of service by public notice
- Service by public notice may be effected multiple times throughout the litigation proceedings, including transferring a duplicate of a complaint, notice of appearance, etc. The first service by public notice takes effect 2 weeks from the date of service by public notice, while service by public notice to the same party thereafter takes effect from the day after the date of service by public notice (Article 196 of the Civil Procedure Act), and the trial proceeds accordingly.