Overview of civil litigation
Civil litigation
- Consumers who are unable to obtain damage relief through settlement, mediation, or payment order may ultimately file for civil litigation to resolve their disputes.
- Once a judgement has been finalized as the outcome of a civil litigation, the consumer and the business operator must implement all measures required by the ruling.
- Litigation involves many types of costs including stamp fees and transmission fees, which are basic costs, as well as witness expenses for calling up witnesses, verification and authentication expenses when necessary, lawyer appointment fees, and other expenses associated with secondary procedures. As mentioned above, litigation involves significant expenses. It is wise to consider all the costs and the estimated time required before launching a litigation.
Differences between civil mediation and civil litigation
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Civil Mediation
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Mediation costs less than litigation and also has the advantage of resolving disputes quickly and conveniently. Mediation is intrinsically different from litigation in the sense that it requires the agreement of all the parties concerned. It must be mediated by a third party and this also makes it different from a settlement which does not always call for mediation.
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Civil Litigation
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Litigation is a system in which both of the parties to a dispute must provide corroborative evidence on the factual relations over which they are quarreling and claiming their rights. Then the court decides which side is right and resolves the dispute by legal force.
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Litigation aid system
- The courts operate a litigation aid system in which, if a person requests aid or if the court decides to do so, a person without adequate financial resources to pay for litigation expenses is exempted from paying them or granted a deferment thereof. However, this aid system does not apply in litigation cases where the person concerned is most likely to lose (Article 128(1) of the Civil Procedure Act).
- Any person who is considering filing a litigation, or who is currently involved in litigation, as well as foreigners and even corporations, may apply for litigation aid.
Civil litigation
Submittal of complaint
- A party to a dispute who desires to resolve the dispute may write up a complaint and submit it to the court (Article 248 of the Civil Procedure Act).
· A person who submits a complaint is called the "plaintiff" and the counterpart is referred to as the "defendant."
Delivery of a copy of the complaint and submittal of a written response
- When a complaint is received, the court shall send a duplicate copy of the claim to the defendant and the defendant must submit a written response within 30 days (Articles 255(1) and 256(1) of the Civil Procedure Act).
- When a defendant does not submit a response or if the response takes the form of a confession, the court’s ruling shall be based entirely on the plaintiff’s claim (Article 257(1) and (2) of the Civil Procedure Act).
- If the defendant’s written response is a denial of the claimant’s allegations, procedures shall be implemented in preparation for the hearing (Article 256(4) of the Civil Procedure Act).
Preparatory proceedings for pleading
- During the preparatory procedures for pleadings, an exchange of documents takes place in which the defendant submits a written response and the plaintiff submits the preparatory documents for a rebuttal (Article 280 of the Civil Procedure Act).
- In addition, preparatory documents, evidence submittal, requests for witnesses, and applications for verifications and authentications must be completed before the date for pleading (Articles 281 to 284 of the Civil Procedure Act).
Date for preparatory pleading
- Once the basic exchange of documents has been completed according to preparatory procedures for pleadings, the judge shall review the records to determine whether the main issues of the dispute have been properly highlighted and the evidence gathered before the date for preparatory pleading. If the case satisfies these criteria, the judge may designate the date for the main issue organization (date for preparatory pleading) (Article 282 of the Civil Procedure Act).
- The plaintiff and the defendant must appear on the date for the main issue organization to affirm the main issues of the dispute and to provide rebuttals to each other’s assertions (Article 282 of the Civil Procedure Act).
Date of pleading
- On the first day of a pleading (date of examination of evidence), the results prepared on the date of main issue organization shall be used in the questioning of the plaintiff, the defendant, and the witnesses on both sides. Once the questioning is over, the court shall hand down a ruling within a short period (Article 287 of the Civil Procedure Act).
Effectiveness of civil litigation
Effectiveness of civil litigation
- The court ruling shall be final unless the party that loses the lawsuit lodges an appeal against the decision.
- If there is an objection to the ruling, a petition of appeal must be lodged in court within two weeks of the ruling (Articles 396 and 408 of the Civil Procedure Act).
Legal aid from the Korea Legal Aid Corporation
- Legal aid system: When the Korea Legal Aid Corporation (
http://www.klac.or.kr) receives a request for assistance in a dispute involving consumer damages, it investigates the facts and then decides either to recommend a settlement or proceed with a litigation. In the event of a decision to litigate, it assigns one of its lawyers or a public service judge advocate to represent the client.
- Qualifications for Legal Aid: A person who incurs damages while using a good or a service is qualified for legal aid (Article 33-3 of the Legal Aid Act and Subparagraph 5 of Article 71(1) of the Enforcement Rule of the Legal Aid Act).
- Application Procedure for Legal Aid: The applicant may visit the Korea Legal Aid Corporation in person in order to apply for counseling. The applicant must present a copy of his or her national resident registration, a document validating the applicant’s eligibility to receive legal aid, and a document proving the applicant’s assertions. After the counseling, the applicant must submit the application form for legal aid and the necessary documents to the Korea Legal Aid Corporation.
- Repayment of Litigation Expenses: If a dispute is settled and does not lead to litigation, no costs are billed. However, if litigation proceedings are launched, the consumer must repay the costs of litigation, such as the stamp fees and lawyer's fees. In the case of special groups designated by the state, such as persons who have rendered distinguished service to the country, persons who are on basic welfare, and single parent households, the state may assume responsibility for both the litigation expenses and the lawyer's fees (Article 7 of the Legal Aid Act and Article 4(1) and (3) of the Enforcement Decree of the Legal Aid Act).