Procedure for Administrative Litigation
Submission of Written Complaint- In order to initiate a lawsuit in a court, a written complaint shall first be drafted and submitted. In relation to the form of written complaint, samples have been drawn up for each type, which have been made available in the public service center of courts at each level.
- Detailed information on matters such as matters to be entered in written complaints, documentation to be attached, and service fees may be checked on <Guidance on Procedure-Administration-Preparing Written Complaint> at the Electronic Public Service Center of the Courts of the Republic of Korea (http://help.scourt.go.kr)
Submission of Written Answer- Where the defendant disputes the plaintiff’s claim, a written answer shall be submitted within 30 days of the date of receiving service of a copy of the written complaint.
- If a procedural guide book has been enclosed with the copy of the written complaint, the guide book may be referred to in relation to matters such as the period for submitting a written answer, matters to be entered, and documentation to be attached.
Progressing Review- Preparatory Date for Pleadings (Date for Formulation of Issues)
· Generally, on the preparatory date for the formulation of issues, procedures such as the following are carried out: the written complaint; the written answer; stating the briefs; formulating the issues; obtaining statements from the parties in attendance; and establishing the plan for the presentation of evidence.
· The following procedures are carried out: establishing the facts on which the plaintiff’s claim is based and the facts on which the defendant’s defense is based; within the facts asserted by both parties, distinguishing the part in relation to which there is no dispute from the part in relation to which there is a dispute; and within the part in relation to which there is a dispute, establishing the matters requiring proof, including by means of examination of a witness.
· On the preparatory date for pleadings, the evidence is established alongside both parties’ arguments. First, a decision is made as to the adoption of applications for evidence, from any applications of evidence made before the preparatory date for pleadings for which a decision has yet to be made as to adoption, or any additional applications for evidence made on the preparatory date for pleadings.
- Date for Pleadings (Concentrated Examination of Evidence)
· When the establishment of arguments and evidence has been completed through the preparatory date for pleadings, a date for pleadings is designated for a concentrated examination of evidence.
· The date for concentrated examination of evidence is designated in the order of completion of the establishment of arguments and evidence, irrespective of the case number.
· Where, due to its nature, a swift processing of a case is requested, then if, for example, due to the issues being limited to matters of legal principle there is no need to go through a preparatory procedure for pleadings, the date for pleadings may be set directly after the submission of the written answer.
· Where a case has not been through a preparatory date for pleadings, then all procedures such as the statement of arguments, application for evidence and examination of evidence, are carried out on the date for pleadings.
- Closure of Pleadings
· After the completion of all procedures such as the stating of arguments, application for evidence, and examination of evidence, the presiding judge closes the pleadings and designates a date for the judgment.
· After the closure of pleadings, even if the parties submit briefs or submit numbered documents, these are not reflected in the outcome of the adjudication because they were not raised in the pleadings. Therefore, in order to arrange for such material to be reflected in the outcome of the adjudication, an application shall be made to reopen pleadings so that it may be stated and submitted on the date for pleadings.
Handing Down of Judgment- A judgment is handed down in the way of the presiding judge reading out the main text of the ruling in accordance with the original copy of the judgment, and, if necessary, the reasoning may be explained briefly.
- A judgment may be handed down even if the parties are not in attendance, and the judgment takes effect by being handed down.
- After handing down the judgment, the court serves an authenticated copy of the judgment on the parties. A party who is dissatisfied with the judgment may lodge an appeal, by submitting a petition of appeal in the court of first instance within two weeks of the date of service of the written judgment.