Glossary of South Korean Civil Procedure Terms

Introduction

This glossary defines key terms used in South Korean civil procedure, governed by the Civil Procedure Code (민사소송법). The terminology reflects the civil law tradition with significant Japanese and German influences.

Key Terms

Complaint (소장)

The initiating document in a civil lawsuit, filed with the competent District Court. The complaint must specify the parties, the claim, and the factual and legal grounds for relief.

Answer (준비서면 / 답변서)

The defendant’s written response to the complaint, typically submitted before the first hearing. The answer addresses each allegation and states the legal defenses.

Provisional Seizure (가압류)

A pre-judgment attachment remedy that prevents the defendant from disposing of assets pending resolution of the lawsuit. The plaintiff must post security and demonstrate the need for preservation. Equivalent to the German Arrest.

Provisional Injunction (가처분)

A court order temporarily restraining a party from taking certain action or maintaining a certain status pending final judgment. Available where there is a risk of significant harm if interim relief is not granted.

Examination of Evidence (증거조사)

The process by which the court reviews and evaluates evidence submitted by the parties. Includes documentary evidence, witness testimony (after submission of written statements), expert opinions, and site inspections.

Free Evaluation of Evidence (자유심증주의)

The principle that the court determines the probative value of evidence according to its free conviction (Article 202 of the Civil Procedure Code). The court must provide reasons for its evidentiary assessments.

Appeal (항소)

The first level of appeal from a District Court judgment to a High Court. The appeal is a de novo review of both fact and law.

Appeal to the Supreme Court (상고)

The final appeal from a High Court judgment to the Supreme Court of Korea. The Supreme Court reviews only questions of law, not findings of fact.

Mediation (조정)

A court-annexed alternative dispute resolution process where a mediator assists parties in reaching a settlement. If mediation succeeds, the settlement has the same effect as a court judgment.

Judgment (판결)

The court’s final decision on the merits of a case. A judgment includes factual findings, legal reasoning, and the operative order (disposition).

Statute of Limitations (소멸시효)

The time period within which a plaintiff must file a civil action. Prescription periods vary by claim type (general: 10 years; commercial: 5 years; tort: 3 years).

Third-Party Intervention (보조참가)

A procedural mechanism allowing a person with a legal interest in the outcome of pending litigation to join the case as a supporting party (Article 71 of the Civil Procedure Code).

Class Action (집단소송)

A procedural device allowing multiple plaintiffs with common claims to sue as a representative group. Available for securities litigation and consumer protection cases (Consumer Basic Act).