title


Trial Proceedings in Korea

Civil proceedings begin when a plaintiff or his/her attorney files with a competent Court a complaint stating a claim and a cause of action. When the complaint is filed, the court serves the defendant with a duplicate and requires him/her to file a written answer within 30 days. If the defendant fails to file a written answer within such limit, the court may render a judgment without hearings. If the defendant submits a written answer, the court holds the pleading process (proceeding whereby both parties, in writing, enter into offense and defense on allegations and evidence) and the hearings (proceeding whereby both parties appear before the court to clarify their respective positions on disputed issues as well as to examine witnesses), and then renders a judgment.

Under the previous system, the court moved directly to the hearings without the pleading process when a complaint was lodged. Thus, it was usual that a number of hearings were repeated at three or four-week intervals with little or slow progression made. However, along with the implementation of the new Civil Procedure Act, it is expected that fully-prepared and centralized hearings will eliminate the inefficiency of the previous system and result in the reduction of hearings to just once or twice. Furthermore, hearings are administered in a sincere and efficient manner giving the parties the fullest opportunity to make their oral statements before the court.

If necessary, the plaintiff as well as the defendant may employ an attorney-at-law as his/her representative during the trial proceedings, including during the pleading process and the hearings. However, when the amount in controversy does not exceed 50 million Korean won (approximately 41,600 US$), each party with the court 's prior permission may appoint a person who is not an attorney-at-law to be his/her representative.

Appeal Proceedings

The losing party who is dissatisfied with the findings of facts or conclusions of law by the trial court can appeal against the judgment rendered by the trial court within two weeks from the date the judgment is served. In general, the High Courts hear appeals with the exception that the appellate panels of the District Courts hear appeals when the amount in controversy does not exceed 50 million Korean won (approximately 41,600 US$). The appeal proceedings are similar to the trial proceedings, and the party is granted an opportunity to make new allegations and to produce new evidence.

The party who is dissatisfied with the judgment of the court of appeals may appeal to the Supreme Court, the court of last resort, within two weeks from the date the judgment is served. As the Supreme Court hears only matters of law, appeal cannot be lodged with the Supreme Court unless the judgment of the court of appeals erred in conclusion of law or appeal proceedings were in grave contravention of law.


The above article is extracted from the Korean Supreme Court website.