Who may inspect the case record in a proceeding under the Act on Promotion of Litigation, and what conditions does the provision attach to that inspection?
General information · Not legal advice
Material to check
In the practice material, we read the application that made the person an applicant in the proceeding, any written authorisation showing that a representative is acting for that applicant, and the presiding judge's grant or refusal of permission, since the provision ties inspection to the presiding judge's permission and to not significantly delaying the public-trial procedure.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the conditions as cumulative: the applicant and that applicant's representative may inspect the case record only after obtaining the presiding judge's permission, and only within the range that does not significantly delay the public-trial procedure.
Another reading notices what the provision does not settle: it does not say how a request for permission is put to the presiding judge, nor what grounds the presiding judge weighs, and it bars an application for relief against a refusal, so the permission stands as given or withheld.
Your judgment
What in a practice file could show how long an inspection would take relative to the public-trial procedure already set down?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to set a procedure for requesting permission or to make a refusal challengeable, or if a decision explains what counts as significantly delaying the public-trial procedure.