IPG Legal’s Article on Korean Litigation for Lexology

Court system

What is the structure of the civil court system?

The civil court system in South Korea has a three-tier structure.

At first instance, civil cases are generally heard by district courts, unless jurisdiction is governed by specialised courts such as family courts, administrative courts, the Bankruptcy Court or the Patent Court. Depending on the nature and value of the claim, a case may be heard by a single judge or by a panel of three judges.

At second instance, appeals from single-judge decisions are heard by an appellate panel of the same district court. Appeals from panel decisions are heard by the competent high court.

At third and final instance, appeals are heard by the Supreme Court.

The Constitutional Court is a separate constitutional adjudication body. It has jurisdiction over, among other matters, the constitutionality of statutes, impeachment, dissolution of political parties, constitutional complaints and jurisdictional disputes involving public authorities.

As mentioned above, Korea also has specialised courts, including family courts, administrative courts, the Bankruptcy Court and the Patent Court.

Judges and juries

What is the role of the judge and the jury in civil proceedings?

Korea does not use juries in civil proceedings. Civil cases are adjudicated by judges, who determine both facts and law.

The complete article may be found at: Lexology: Q&A: conducting litigation in South Korea