Understanding Korean Courts:
A Guide to Civil Cases
In the realm of legal proceedings in Korea, understanding the intricacies of civil cases and the roles of different parties involved is crucial. Whether you're a plaintiff, defendant, or seeking legal counsel, knowing the structure and procedures of Korean courts can significantly affect your case's outcome. Here, we delve into the specifics of civil cases in Korean courts, shedding light on the decision-making bodies and the qualifications required for legal representation.
Settlement Board: Handling High-Stakes Disputes
Cases that fall under the jurisdiction of the settlement board typically involve matters in controversy exceeding 500 million KRW. Only lawyers, managers as defined by the Commercial Act of Korea, and government officers are authorized to serve as litigation agents in such proceedings. It's important to note that lawyers, who have successfully passed the Korean Bar exam and are admitted to the Korean Bar Association, are the only legal professionals allowed to advocate in these cases.
* The amount in controversy may be subject to amendment, but as of April 3rd, 2024, all relevant rules and laws have been accurately reflected. This blog post is intended to address outdated information found on the internet.
Single Judge: Individual Adjudication
When it comes to cases under the purview of a single judge, a more streamlined approach is adopted. Here, a sole judge deliberates and renders decisions. The jurisdiction of cases adjudicated by a single judge has been broadened to ensure expeditious yet thorough hearings. Interestingly, if the amount in controversy does not exceed 100 million KRW and fulfills other requirements, non-lawyers, including family members, can act as litigation agents with the court's consent. This flexibility ensures accessibility to justice while upholding procedural integrity.
Small Claims: Simplifying Dispute Resolution
Small claims cases involve disputes with amounts in controversy not exceeding 30 million KRW, primarily concerning monetary payment or replacement goods. In a bid to facilitate accessibility to legal recourse, family members may represent litigants, provided they furnish appropriate documentation such as a family relationship certificate. As mentioned above, it's noteworthy that the amount in controversy is subject to change but as of April 3rd, 2024, all relevant rules and laws have been accurately reflected.
At Virtual Lawyer Korea, we take pride in our expertise in navigating the complexities of Korean civil cases. Our team comprises legal professionals duly admitted to the Korean Bar Association and the Seoul Bar Association. With our founding attorney boasting over 25 years of experience in the legal arena, and our team members each possessing specialized expertise, we are equipped to handle diverse legal challenges with precision and efficacy.
Moreover, our foreign legal affairs team comprises dual-qualified lawyers, licensed not only in Korea but also in the US. This ensures our ability to adeptly address legal matters in English, offering reliable support to clients with international legal needs.
For inquiries or legal assistance, simply fill out a form on our website, and our dedicated team will promptly address your concerns. At Virtual Lawyer Korea, we stand committed to delivering unparalleled legal solutions tailored to your unique circumstances. Trust us to be your guiding beacon in the complex landscape of Korean civil litigation.
