The process is divided into three stages: interim measures, main litigation, and enforcement.

Interim measures are taken to prevent the risk of losing the purpose of the litigation even if a favorable judgment is obtained in the main lawsuit. It includes provisional seizure procedures to secure the performance of monetary claims against the opponent’s property, as well as provisional disposition procedures to order the opponent to perform specific acts or maintain/exclude specific positions. In interim measures, there are cases where a decision is made based on hearing only one side’s argument without appearing in court, while in other cases, court attendance is required. Regardless, convincing the court requires significant effort.

Main litigation is a procedure where all aspects of the dispute are resolved at once, and once a judgment is finalized, except for very exceptional circumstances that qualify for retrial, the same issue cannot be raised again. Not only legal issues but also factual determinations fall within the exclusive jurisdiction of the court. Factual determinations confirmed in one trial tend to be accepted uniformly in other trials and legal proceedings, so careful attention is needed, especially in multifaceted dispute situations. The party’s claims must be supported by evidence, and if direct evidence is lacking, various indirect evidence should be used to enhance the persuasiveness of the claims.

Enforcement is the process of forcibly executing a judgment through the court if the opponent fails to comply with the obligations set forth in the judgment after it becomes final. It mainly concerns monetary matters, involving procedures such as forced auction of real estate and execution of claims. If the opponent’s financial situation is unclear, procedures such as asset disclosure and asset investigation can be used to obtain relevant information.

The criminal procedure is broadly divided into investigation (police, prosecution) and trial (court), and there are significant differences in the contents to be addressed in each procedure depending on whether the client is the complainant or the defendant. In the investigation stage, both the complainant and the defendant are parties, so each must make efforts to persuade the investigating authorities, the police, and the prosecution. In the trial stage, the prosecutor and the defendant are parties, so each must make efforts to persuade the court.

Investigation:
The investigation process begins with the filing of a complaint or a report of a crime to the investigative agency, and typically ends with the prosecution’s decision to indict or dismiss after police investigation, followed by prosecution review. Since the investigation process is confidential, it must proceed without confirmation of the details of each party’s claims. Therefore, careful consideration is required in presenting and selecting evidence. Usually, after the police investigation, the case is forwarded to the prosecution for a decision on indictment.

If the client is the complainant, they need to structure the complaint factually to ensure that the investigating officer, assuming no prior knowledge of the case, can accurately understand the essence of the complaint. Additionally, they should provide evidence within the scope of what can be reasonably secured. Contrary to common belief, even if the complainant alleges a criminal offense, without at least minimal corroborating evidence, the investigative authorities often do not initiate an investigation.

If the client is the suspect, they should first obtain the relevant parts of the complaint through a request for disclosure of information, then identify which parts are at issue and explain which aspects of the complaint they disagree with, with supporting evidence.

Substantive Examination for Warrant (Pre-Arrest Interrogation):
The substantive examination for a warrant is a procedure where the court hears the suspect’s side in person to determine whether to issue an arrest warrant when the investigative agency deems there are grounds for arrest and requests a warrant. The decision on whether to arrest is based on various factors such as the degree of substantiation of the suspicion, the risk of evidence destruction or flight, the seriousness of the crime, and the potential harm to victims. As it usually takes place within 1-2 days after the suspect is placed in custody at a police station, intense efforts are required within a short time.

Trial:
Once the prosecutor charges the defendant, the procedure moves to the court for trial. At this point, the suspect’s status changes to defendant, and the structure shifts from ‘complainant-defendant (suspect)’ as parties to ‘prosecutor-defendant’ as parties. In other words, the complainant is not a party during the trial. Additionally, unlike in the investigation stage, in the trial stage, both sides can review and verify the documents submitted to the court.

If the client is the complainant, they can appoint a victim representative to ascertain the extent of the defendant’s defense and express their opinions to the court. Although the complainant’s opinion may not directly affect the judgment, it can be used as supplementary information for the court.

If the client is the defendant, they need to clearly state their position regarding the charges and which parts of the evidence they do not agree with, providing reasons. If the defendant disagrees with certain evidence, and the prosecutor requests a witness, a witness examination process will be conducted. Especially in cases where the charges are denied, the witness examination process is crucial.

(1) Factory and Facility Permits: Cancellation of Dispositions related to Installation of Waste Treatment and Livestock Manure Discharge Facilities, etc.
(2) Immigration and Foreigners: Cancellation of Forced Deportation/Departure Orders, Protection Order Revocation, Refusal to Extend Stay/Change Stay Status, etc.
(3) Medical: Cancellation of Physician License Suspension/Revocation Orders, Reversal of Medical Care Cost Recovery Orders, etc.
(4) Labor: Retrial Cancellation for Unfair Dismissal/Unfair Labor Practices, Cancellation of Rejected Medical Care Benefit Orders, etc.
(5) Miscellaneous: Cancellation of Various Business Suspensions, Application for Media Arbitration such as Correction Notice/Counterstatement Publication, etc.

Divorce/property division/alimony, confirmation of existence of de facto children’s relationship, etc.
Inheritance property division, return of deposits, confirmation of invalidity of wills, etc.