South Korea’s civil litigation system is governed by the Korean Civil Procedure Act. The Civil Procedure Act of Korea (민사소송법, Minsa Sosong Beop) is the primary legislation governing civil litigation in the Republic of Korea. It establishes the framework for how disputes between private parties are initiated, conducted, and resolved in the Korean courts.

Most civil and commercial disputes in Korea are generally handled through a three-tiered court system. Thus, at the base are the District Courts (지방법원), which serve as the courts of first instance; above these courts are the High Courts (고등법원), which hear appeals from the District Courts and re-examine both factual and legal issues. At the top of the hierarchy sits the Supreme Court of Korea (대법원), the nation’s highest judicial authority (along with the Constitutional Court of Korea).

• Korean District Courts
  The Korean District Courts are the primary trial courts, with multiple branches nationwide. Most civil cases are heard by a single judge, though more complex and higher-value matters are heard by a three-judge panel.
• Korean High Courts
  Korean High Courts are, in most cases, the second-tier trial courts in Korea. In most cases, these courts hear appeals from Korean District Courts. These courts are not mere appellate courts and may hear appeals on the facts and on the law.
• Supreme Court of Korea
  The Supreme Court of Korea is the final appellate court and hears reviews only based on questions of law and legal interpretation.
• Constitutional Court of Korea
  The Constitutional Court of Korea is a court that is granted the exclusive jurisdiction under Chapter VI Article 111 Clause 1 of the South Korean constitution to hear cases concerning the:
  • Constitutionality of a law upon the request of the courts;
  • Impeachment Adjudications;
  • Dissolution of political parties;
  • Jurisdictional disputes between state agencies, between state agencies and local governments, and between local governments; and
  • Constitutional complaints as prescribed by the Constitutional Court Act.
• Specialized Courts in Korea
  In addition, the Korean judicial system has specialized courts, including the Korean Patent Court, Family Courts, and Administrative Courts.

Commencing a Lawsuit in Korea

Civil litigation in Korea begins with the filing of a complaint (소장, sojang) at the appropriate Korean District Court. In some cases, it is also advisable to file a criminal complaint.

The civil complaint must state, at a minimum, the names of the parties, facts supporting the claim, legal grounds for the claim, and the relief sought, accompanied by the necessary court fees and service fees.

Once filed, the Korean court formally serves the complaint on the defendant. In most cases, the defendant has 30 days from service to file an answer (bansojang). Failure to respond to the complaint on multiple occasions may result in a default judgment.

Unlike in many Western jurisdictions, Korea has no broad pre-trial discovery. Each party bears the burden of presenting its own evidence. However, a party may ask the Korean court to compel disclosure of specific documents held by the opposing side or a third party.

Korean judges rely heavily on documentary evidence. Contracts, invoices, email correspondence, text messages, corporate records, and expert reports. Witness testimony is limited and typically conducted under the supervision of the presiding judge.

Korean Trial Procedure

Civil cases proceed through a series of typically short hearings, often scheduled every few weeks. Each hearing may last less than an hour and focuses on clarifying issues, reviewing evidence, requests for disclosure, or examining witnesses. Judges in Korea take an active managerial role in these proceedings.

Judgments and Enforcement Procedures in Korea

After all hearings are complete, the court issues a written judgment explaining its reasoning and decision. Straightforward cases may be resolved within six to twelve months.

If the losing party fails to comply voluntarily with the judgment, the prevailing party may initiate compulsory enforcement (강제집행, gangje jiphaeng) such as:

• Seizure and sale of property
• Wage or bank account garnishment
• Registration of liens

For an article on the enforcement of foreign judgments in Korea, please see: Enforcement of Foreign Judgments in Korean Courts.

Appeals Process in Korea

Parties have, in most cases, two weeks from service of the judgment to file an appeal. The High Courts in Korea hear most appeals from the District Courts in Korea and re-examine both factual and legal issues. A further appeal to the Supreme Court of Korea is limited to questions of law, procedural error, or misapplication of legal principles. The Supreme Court may, in limited cases, reexamine its own holding.

Provisional Measures and Injunctions

In civil and commercial disputes, timing can be as important as the outcome. South Korea’s legal system recognizes this reality. It allows parties to seek provisional measures and injunctions that help secure assets or maintain the status quo while litigation or arbitration is pending. Korean courts may grant provisional remedies, such as:

• Provisional seizures (가압류, ga-amnyu)
• Injunctions (가처분, gacheobun)

Applicants must demonstrate urgency, probable success on the merits, and usually provide a security deposit.

Alternative Dispute Resolution (ADR)

Court-ordered mediation is common in civil litigation, and mediation is even typical in some criminal matters. Judges often propose settlement terms, and when accepted, the mediation agreement becomes enforceable as a court judgment.

Under the Civil Procedure Act of Korea and the Judicial Conciliation of Civil Disputes Act of Korea (민사조정법, Minsa Jojeong Beop), courts in Korea actively encourage parties to resolve disputes through court-ordered mediation before or during formal litigation.

Korean courts increasingly use mediation in commercial disputes, including construction, real estate, and business partnership/joint venture conflicts.

For foreign companies doing business in Korea, Korean court-ordered mediation can be a strategic tool. It allows issues to be resolved quickly without a final judgment that might trigger enforcement or publicity concerns. IPG Legal frequently advises clients to consider mediation.

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About IPG Legal

IPG Legal is a leading full-service international law firm headquartered in Seoul, Korea. The firm represents multinational corporations, SMEs, and individuals in complex litigation, arbitration, and cross-border matters.

by Sean Hayes

Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as a Top Attorney by AsiaLaw, and IPG Legal is consistently ranked Top Dispute Resolution Law Firm for our litigation and arbitration services.

If you would like a consultation with Sean Hayes from IPG Legal, please schedule a call at:  Schedule a Call with Attorney Sean Hayes.