Procedures on ExcellentWiki - Legal Encyclopedia

Civil Procedure in South Korea

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

South Korean civil procedure is governed by the Civil Procedure Code (민사소송법, CPC) , which was comprehensively revised and consolidated in 2002. The CPC adopts a adversarial-inquisitorial hybrid model: the parties control the scope of the dispute and evidence presentation, but the court plays an active role in case management and fact-finding. The code is supplemented by the Civil Execution Code (민사집행법) and the Court Organization Act.

Overview of Civil Procedure

Three-Tiered Court System

Civil cases proceed through three tiers:

Criminal Procedure in South Korea

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

South Korean criminal procedure is governed by the Criminal Procedure Code (형사소송법, CPL) , enacted in 1954 and extensively revised in 2007. The 2007 reform — the most significant in Korean criminal justice history — shifted the system from an inquisitorial model toward an adversarial system, strengthening defendant rights, limiting prosecutorial power, and enhancing judicial oversight. The procedure is constitutionalized through Articles 12 (due process) and 27 (fair trial) of the Constitution.

Appellate Procedure in South Korea

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

South Korea maintains a three-tier appellate system for civil, criminal, and administrative cases: District Court → High Court → Supreme Court. Each level serves a distinct function, with the scope of review narrowing at each successive tier. The system ensures thorough review while respecting the finality of lower court fact-finding.

First Instance Courts

Cases originate in:

District Courts: General jurisdiction civil and criminal cases
Family Court: Family law matters
Administrative Court: Administrative litigation
Patent Court: Patent and intellectual property cases
Bankruptcy Court: Insolvency proceedings
Branch Courts: Small claims and minor cases within district court territories

Intermediate Appeal — High Court

Scope of Review

The High Court conducts a de novo review (전면적 심리) of both fact and law. Unlike common law appellate courts, the High Court may:

Administrative Litigation in South Korea

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Administrative litigation in South Korea is governed by the Administrative Litigation Act (행정소송법, ALA) , which establishes the framework for judicial review of administrative actions. The Seoul Administrative Court (서울행정법원), established in 1998, has exclusive first-instance jurisdiction over most administrative cases. The system separates administrative litigation from ordinary civil litigation, following the German model of specialized administrative courts.

Scope of Administrative Litigation

Reviewable Administrative Actions

The ALA allows challenges to:

Prosecution Investigation Procedure in South Korea

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Prosecution investigation procedure in South Korea has undergone fundamental transformation following the 2020 reforms that restructured prosecutorial investigative powers. Historically, prosecutors held investigative primacy — they directed police investigations and conducted direct inquiries into criminal matters. Under the current framework, prosecutors’ direct investigation authority is limited to specific categories, while police have primary investigative responsibility for most offenses. The Supreme Prosecutors’ Office (대검찰청) oversees the prosecution service.

Historical Context

Pre-2020 System

Before the 2020 reform, prosecutors exercised:

Civil Execution Procedure in South Korea

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Civil execution procedure in South Korea is governed by the Civil Execution Code (민사집행법, CEC) , enacted in 2002 to consolidate and modernize the execution of civil judgments. The CEC governs enforcement of monetary judgments, delivery of property, provisional remedies, and enforcement of other obligations. Execution is carried out by court enforcement officers (집행관) under judicial supervision.

Scope of Civil Execution

The Civil Execution Code applies to:

Enforcement of Final Judgments

Monetary judgments: Collection of court-awarded damages or debts
Specific performance: Compelling performance of an obligation (delivery of property, execution of documents)
Injunctions: Enforcement of prohibitory orders

Provisional Remedies

Provisional seizure (가압류) : Pre-judgment attachment of assets
Provisional injunction (가처분) : Court order preserving status quo pending judgment

Enforcement of Authentic Instruments

Certain notarized documents are enforceable without a judgment, including: