Civil Enforcement Act

The district court having jurisdiction in the locality of the general venue of the obligor has jurisdiction over the procedure concerning disclosure of property of an obligor under this Section (referred to as the "asset disclosure procedure" below) as the enforcement court.

An enforcement court, when either of the following items applies, must order implementation of an asset disclosure procedure against an obligor, upon petition by an obligee of a monetary claim who has an authenticated copy of an enforceable title of obligation; provided, however, that this does not apply when it is not possible to commence judicial enforcement based on the authenticated copy of an enforceable title of obligation:

when the petitioner is unable to obtain full performance of that monetary claim in the procedure of distribution or payment (excluding a procedure that is terminated by at least six months before the day of filing the petition) in judicial enforcement or enforcement of a security interest; or

when a prima facie showing is made that the petitioner is unable to obtain full performance of the relevant monetary claim even by implementing judicial enforcement against known property.

An enforcement court must, when either of the following items applies, order implementation of an asset disclosure procedure against an obligor, upon petition by an obligee who has submitted a document proving that the obligee has a general statutory lien for property of the obligor:

when the petitioner is unable to obtain full performance of the secured claim related to the statutory lien in the procedure of distribution or payment (excluding a procedure that is terminated by at least six months before the day of filing the petition) in judicial enforcement or enforcement of a security interest; or

when a prima facie showing is made that the petitioner is unable to obtain full performance of the secured claim referred to in the preceding item even by implementing the enforcement of a security interest against known property.

Notwithstanding the provisions of the preceding two paragraphs, when the obligor (or, if the obligor has a statutory agent, the statutory agent, and if the obligor is a corporation, its representative; the same applies in item (i)) has made a statement on their property on the asset disclosure date (the date on which asset is to be disclosed; the same applies below) within three years before the day of filing the petition referred to in the preceding two paragraphs, an order to implement an asset disclosure procedure may not be issued; provided, however, that this does not apply if any ground of the following items exist:

if the obligor failed to disclose part of their property on the relevant asset disclosure date;

if the obligor acquired new property after the relevant asset disclosure date; or

if the employment relationship between the obligor and their employer is terminated after the relevant asset disclosure date.

When the order referred to in paragraph (1) or paragraph (2) has been issued, the relevant order (or, for the order referred to in the paragraph, the order and a copy of the document referred to in the paragraph) must be served upon the obligor.

An appeal may be filed against a judicial decision on the petition referred to in paragraph (1) or paragraph (2).

The order referred to in paragraph (1) or paragraph (2) is not effective until it becomes final and binding.

An enforcement court must designate the asset disclosure date when the order referred to in paragraph (1) and paragraph (2) of the preceding Article has become final and binding.

The following persons must be summoned for the asset disclosure date:

the petitioner;

the obligor (or, if the obligor has a statutory agent, the statutory agent, and if the obligor is a corporation, its representative).

A person obliged to disclose (meaning the person stated in paragraph (2), item (ii) of the preceding Article; the same applies below) must appear on the asset disclosure date and make a statement on the property (excluding the movables stated in Article 131, item (i) or (ii)) of the obligor.

The statement referred to in the preceding paragraph must clearly indicate the matters necessary for filing a petition for judicial enforcement under Chapter II, Section 2 or enforcement of a security interest under the preceding Chapter and other matters specified by the Rules of the Supreme Court as those required to be disclosed to the petitioner, regarding the property subject to the statement.

An enforcement court may ask questions to the person obliged to disclose on the asset disclosure date.

A petitioner may appear on the asset disclosure and, to clarify the status of the property of the obligor, ask questions to the person obliged to disclose, by obtaining the permission of the enforcement court.

An enforcement court may implement the procedure on the asset disclosure date even if the petitioner does not appear.

The procedure on the asset disclosure date is not made public.

The provisions of Article 195 and Article 206 of the Code of Civil Procedure apply mutatis mutandis to the procedure of the preceding paragraphs, and the provisions of Article 201, paragraphs (1) and (2) of that Act apply mutatis mutandis to a person obliged to disclose.

If an enforcement court finds it to be reasonable, the enforcement court may perform procedures on an asset disclosure date by communication that enables the enforcement court, the petitioner and the person obliged to disclose to simultaneously communicate with one another by audio transmission pursuant to the provisions of the Rules of the Supreme Court.

A petitioner who does not appear on an asset disclosure date and participates in the proceedings is deemed to have appeared on that asset disclosure date.

In the cases stated below, if an enforcement court finds it to be reasonable, the enforcement court may cause a person obliged to disclose to make the statement under Article 199, paragraph (1) by communication that enables mutual communication with an awareness of one another's state of being, through audio and visual transmissions, pursuant to the provisions of the Rules of the Supreme Court:

cases where the enforcement court determines that it would be difficult for the person obliged to disclose to appear before the enforcement court due to the domicile, age, mental or physical state, or any other circumstances of the person obliged to disclose;

cases where the enforcement court determines that, due to the nature of the case, the age or mental or physical state of the person obliged to disclose, the relationship between the person obliged to disclose and the petitioner or the petitioner's statutory representative, or any other circumstances, there is a risk of the person obliged to disclose being under pressure or the peace of mind of the person obliged to disclose may be significantly injured if the person obliged to disclose makes a statement at the place where the enforcement court and petitioner are present; and

cases where the petitioner has no objection.

Notwithstanding the provisions of Article 199, paragraph (1), a person obliged to disclose who has disclosed part of the property of the obligor on the asset disclosure date is not required to make a statement on the remaining property, if the permission of the enforcement court has been obtained where the consent of the petitioner has been obtained or where it is obvious that the hindrance to full performance of the monetary claim referred to in Article 197, paragraph (1) or the secured claim referred to in the items of paragraph (2) of the Article has been eliminated through the disclosure.

An appeal may be filed against a judicial decision on the petition for the permission referred to in the preceding paragraph.

Only the following persons may make a request under Article 17 for the portion of the record of an asset disclosure case that relates to the asset disclosure date:

the petitioner;

an obligee who has an authenticated copy of an enforceable title of obligation for a monetary claim against the obligor;

an obligee who has submitted a document proving that the obligee has a general statutory lien for property of the obligor; or

the obligor or the person obliged to disclose.

A petitioner must not use or provide information on the property or obligation of the obligor, which has been obtained in an asset disclosure procedure, for a purpose other than for exercising the claim against the obligor according to its main objective.

The person stated in item (ii) or item (iii) of the preceding Article, who has obtained information on the portion of the record of an asset disclosure case that relates to the asset disclosure date, must not use or provide the relevant information for a purpose other than for exercising the claim against the obligor of the relevant asset disclosure case according to its main objective.

The provisions of Article 39 and Article 40 apply mutatis mutandis to an asset disclosure procedure based on an authenticated copy of an enforceable title of obligation, the provisions of Article 42 (excluding paragraph (2)) apply mutatis mutandis to an asset disclosure procedure, and the provisions of Article 182 and Article 183 apply mutatis mutandis to an asset disclosure procedure based on a general statutory lien.

With regards to procedures on acquisition of information related to property of an obligor under this section (referred to as "procedures for acquiring information from a third party" below), a district court having jurisdiction in the locality of the general venue of the obligor: or if there is no general venue, a district court having jurisdiction in the locality of a person who should be ordered to provide information under this section, has jurisdiction over the procedure as an enforcement court.