Litigation in Korea – Bringing a Civil Claim – Article 3

We frequently advise foreign clients who wish to pursue civil claims in Korea. These can range from straightforward unpaid debt recovery to complex commercial disputes. This article provides a general overview of the civil court process in Korea and outlines key practical steps for initiating a claim.

Types of Civil Claims

Civil claims in Korea typically involve:

• Breach of contract
• Unpaid loans or invoices
• Property or lease disputes
• Compensation for damages (e.g., personal injury or negligence)
• Defamation (non-criminal)

Civil litigation is handled by the ordinary courts, with first instance cases filed in the District Courts.

Jurisdiction and Venue

The appropriate District Court will usually be:

• The court with jurisdiction over the defendant’s residence or principal place of business
• Or, where the events giving rise to the dispute occurred

For claims below KRW 30 million, simplified procedures apply under the Small Claims process.

Filing a Civil Lawsuit

To commence proceedings, a claimant must:

• Prepare and file a written complaint, which must be in Korean
• Clearly set out the legal basis for the claim, the facts relied upon, and the relief sought
• Attach supporting evidence (e.g., contracts, invoices, communications)

Court fees are payable at the time of filing and are based on the amount claimed. Fees are usually paid by way of government revenue stamps.

Service of Process and Response

Once filed, the court will serve the complaint on the defendant. The defendant is given an opportunity to file a written answer or objection, usually within 30 days.

Hearings and Trial

Civil proceedings in Korea are generally conducted through a series of preparatory hearings followed by main hearings before a judge (or panel of judges, in some cases). Hearings are held in court but tend to be less formal than trials in common law jurisdictions.

The key features of court hearings in civil cases are as follows:

• Written Submissions: Each party submits written arguments (briefs) and documentary evidence in advance. These documents form the basis of the court’s understanding of the case.
• Preliminary Hearings: The court holds initial hearings to clarify the issues in dispute, assess the sufficiency of the evidence submitted, and determine whether further submissions or disclosure are necessary.
• Main Hearings: If the case is not resolved early, it proceeds to substantive hearings. These may involve:
  • Oral presentations by each party (usually made by their legal representatives)
  • Examination of witnesses (if the court deems it necessary)
  • Expert testimony, particularly in technical or commercial disputes
• Role of the Judge: Korean civil trials are judge-led, meaning the judge plays an active role in directing proceedings, questioning the parties or witnesses, and managing the flow of evidence. There is no jury.
• Language: All hearings are conducted in Korean. Foreign parties or witnesses must use an officially recognised interpreter. Documents in other languages must be translated into Korean, often with certified translations.
• Scheduling: Hearings are typically short (30–60 minutes) and held at intervals of several weeks. The entire litigation process may last several months to over a year, depending on complexity and court backlog.
• Public Access: Court hearings are generally open to the public, but sensitive matters may be heard in private at the court’s discretion.

In practice, many civil cases are resolved based on written submissions and documentary evidence without the need for extensive oral hearings. However, where credibility is an issue, witness examination may play a critical role in the outcome.

Legal Representation

While individuals may file claims without legal representation, it is highly recommended—particularly for foreign clients—to engage a Korean attorney. Proceedings are conducted in Korean, and procedural rules can be complex.