Certain Provisions on Evidence and Burden of Proof under the Civil Procedure Code
Burden of Proof
1. A litigant who requests the Court to protect his/her lawful rights and interests shall collect, provide, and submit to the Court documents and evidence to prove that such request is well-grounded and lawful, except in the following cases:
a) Consumers instituting lawsuits shall not be obliged to prove the fault of the business organizations or individuals supplying goods or services. The organizations or individuals conducting business in goods or services that are sued shall bear the burden of proving that they are not at fault for causing damage in accordance with the Law on Protection of Consumers’ Rights;
b) In labor cases, where the employee as a litigant fails to provide or submit documents or evidence to the Court because such documents or evidence are being managed or retained by the employer, the employer shall be obliged to provide or submit such documents or evidence to the Court.
Where an employee initiates a lawsuit concerning unilateral termination of a labor contract in cases where the employer is not entitled to unilaterally terminate the labor contract, or concerning disciplinary measures that the employer is not entitled to impose under labor law, the burden of proof shall rest with the employer;
c) Other cases where the law provides otherwise with respect to the burden of proof.
2. A litigant who objects to another person’s claims against him/her must present such objection in writing and must collect, provide, and submit to the Court documents and evidence to substantiate the objection.
3. Agencies, organizations, or individuals instituting lawsuits to protect public interests, State interests, or requesting the Court to protect the lawful rights and interests of another person must collect, provide, and submit to the Court documents and evidence to prove that their lawsuit or request is well-grounded and lawful.
Social organizations participating in the protection of consumer rights shall not bear the burden of proving the fault of business organizations or individuals supplying goods or services in accordance with the Law on Protection of Consumers’ Rights.
4. A litigant who has the obligation to provide evidence but fails to do so, or provides insufficient evidence, shall have the civil matter settled by the Court on the basis of the evidence collected and contained in the case file.
Sources of Evidence
Evidence may be collected from the following sources:
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Readable, audible, and visible documents; electronic data;
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Physical exhibits;
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Testimonies of litigants;
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Testimonies of witnesses;
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Expert conclusions;
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On-site appraisal records;
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Valuation results or appraisal results of property;
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Written records of legal events or acts prepared by competent persons;
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Notarized or authenticated documents;
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Other sources as provided by law.
Determination of Evidence
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Readable documents shall be deemed evidence if they are originals, certified true copies, or provided/verified by competent agencies or organizations.
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Audible or visible documents shall be deemed evidence if accompanied by a written statement from the holder of such materials regarding their origin in case of self-recording, or a written certification from the provider regarding their origin, or other written documents concerning the relevant recording.
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Electronic data messages expressed in the form of electronic data interchange, electronic documents, emails, telegrams, telegraphs, facsimiles, and other similar forms as prescribed under the Law on Electronic Transactions shall be deemed evidence.
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Physical exhibits shall be deemed evidence if they are original objects relevant to the case.
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Testimonies of litigants and witnesses shall be deemed evidence if recorded in writing, on audio tapes, discs, video tapes, discs, or other devices containing sound or images as provided above, or if given orally in Court hearings.
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Expert conclusions shall be deemed evidence if the expert examination is conducted in accordance with legal procedures.
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On-site appraisal records shall be deemed evidence if the appraisal is conducted in accordance with legal procedures.
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Valuation or appraisal results of property shall be deemed evidence if conducted in accordance with legal procedures.
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Written records of legal events or acts prepared on-site by competent persons shall be deemed evidence if prepared in accordance with legal procedures.
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Notarized or authenticated documents shall be deemed evidence if the notarization or authentication is performed in accordance with legal procedures.
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Other sources prescribed by law shall be deemed evidence subject to conditions and procedures provided by law.
Legal basis: Articles 91, 94, and 95 of the 2015 Civil Procedure Code.
