Resolving disputes through civil mediation
What is “civil mediation”?
- It refers to a system where a judge or Mediation Committee established in a court hears the claims of the disputing parties, reviews various related materials, and mediates an agreement between the parties (see Article 1 of the Judicial Conciliation Of Civil Disputes Act).
Subjects of civil mediation
- Disputes related to civil matters can apply for mediation in court (Article 2 of the Judicial Conciliation of Civil Disputes Act).
Civil mediation procedure
- Applications for civil mediation can be made in writing or orally. When applying orally, it must be stated in front of court clerks, court officers, chief court clerks, or deputy chief court clerks (Article 5(1) and (2) of the Judicial Conciliation of Civil Disputes Act).
- The date for civil mediation must be notified to the parties either by delivering a summons or through other appropriate means (Article 15(1) and (2) of the Judicial Conciliation of Civil Disputes Act).
- Civil mediation is established by recording the agreed matters between the parties in a document (Article 28 of the Judicial Conciliation of Civil Disputes Act).
Effects of civil mediation
- Civil mediation has the same effect as reconciliation in a trial (Article 29 of the Judicial Conciliation of Civil Disputes Act).
- In the following cases, a suit is deemed to have been filed at the time mediation was applied for, and a new litigation procedure is initiated (Article 36(1) of the Judicial Conciliation of Civil Disputes Act):
· When there is a decision not to mediate according to Article 26 of the Judicial Conciliation of Civil Disputes Act;
· When a case is concluded without a mediated agreement according to Article 27 of the Judicial Conciliation of Civil Disputes Act; or
· When there is an objection within 2 weeks from the day the original copy of the document regarding a decision to replace mediation according to Article 30 or 32 of the Judicial Conciliation of Civil Disputes Act is delivered
Resolving disputes through civil litigation
What is “civil litigation”?
- It refers to a series of procedures for the court to legally and compulsorily resolve or mediate disputes over judicial rights or legal relationships based on the state’s judicial authority (see the
Korea Legal Aid Corporation website).
Civil litigation procedure
- To initiate a civil lawsuit, a complaint must be submitted to the court (Article 248(1) of the Civil Procedure Act).
- The court must deliver a copy of the complaint to the defendant (Article 255(1) of the Civil Procedure Act).
- If the defendant disputes the plaintiff’s claim, they must submit a response within 30 days from the day they receive the copy of the complaint. The court must then deliver a copy of the defendant’s response to the plaintiff (the main body of Article 256(1) and 256(3) of the Civil Procedure Act).
- If the defendant does not submit a response or submits a response admitting all the facts that led to the claim and does not make any counterarguments, the court may deem this an admission of the facts cited as the cause of the claim and mayb make a summary judgment (the main body of Article 257(1) and 257(2) of the Civil Procedure Act).
- The pretrial procedure is conducted by setting a period for the parties to submit preparatory documents and other documents, exchange them, and produce evidence to prove the claimed facts (Article 280(1) of the Civil Procedure Act).
- The presiding judge, commissioned judge, or judge delegated for the pretrial procedure (Article 280(4) of the Civil Procedure Act) can open a pretrial date and summon the parties to attend during the pretrial procedure when deemed necessary to organize claims and evidence (Article 282(1) of the Civil Procedure Act).
- After the pretrial procedure is completed, the court must conclude the trial immediately after the first trial date, and the parties must cooperate to this end (Article 287(1) of the Civil Procedure Act).
Effects of civil litigation
- If the losing party does not object within 2 weeks from the day the judgment is delivered, the judgment becomes final and conclusive (see Article 396 of the Civil Procedure Act).