There is no jury system in the South Korean judicial system, although a limited provision for advisory jurors for criminal and environmental matters has been introduced since February 2, 2008, and all legal and factual issues are decided by judges. A civil action begins when a plaintiff files a complaint with the court setting out the facts alleged and the relief sought. [18] The complaint must specify the parties, if applicable the legal representative, the remedy sought and the plea. [19] The Claimant may seek remedies such as damages, certain benefits and injunctions. The three types of actions are benefits, declaratory claims and requests for incorporation. The legal system of South Korea is a civil law system based on the Constitution of the Republic of Korea. With the law on the organization of courts, which was adopted on 26. In September 1949, an independent three-tier judiciary was formally established. The revised 1987 Constitution codified the independence of the judiciary in article 103, which states: “Judges shall decide independently according to their conscience and in accordance with the Constitution and the law.” The 1987 overhaul also created the Constitutional Court, the first time South Korea had an active constitutional review body. [1] The Korean rules of evidence give high probative value to so-called interrogation records submitted by the prosecutor`s office, which are “a transcript containing a statement from a suspect or other person prepared by a prosecutor or criminal investigation department.” [5] However, this document is technically hearsay in the Anglo-American legal system and contains a recording of a confession made without the assistance of a lawyer.
Although the police officer or prosecutor may provide a record of interrogation of the suspect, a report drawn up by a prosecutor is admissible if the suspect confirms the authenticity of the report at a preliminary hearing or during the trial. If the suspect disputes its authenticity, the recording could still be admissible if there is a circumstantial guarantee of reliability. However, a report drawn up by a police officer is inadmissible if the suspect disputes its authenticity later in the trial. [6] This document is intended to give you basic information on the functioning of the South Korean criminal justice system. It does not replace legal advice, which can only be provided by a lawyer licensed in South Korea. It should also be read in conjunction with the booklet Guide for Canadians Imprisoned Abroad. The National Law Review includes legal content and analysis on South Korea, with a particular focus on financial sector news and updates on South Korea`s monitoring of cryptocurrency exchanges. The National Law Review contains legal news and updates on South Korea. The judicial system of the Republic of Korea consists of the Supreme Court of South Korea, the Constitutional Court of South Korea, six high courts, 13 district courts and several courts with specialized jurisdiction, such as the Family Court and the Administrative Court. In addition, district and district court chambers may be established. South Korean courts are organized and authorized by Chapters V and VI of the Constitution of the Republic of Korea.
In Korea, many disputes have been settled de facto by informal mediators, such as elderly community or family members, without finding their way to court. [2] However, with Korea`s modernization, prosecutions have increased significantly. The total number of civil cases filed in 2002 was 1,015,894, rising to 1,288,987 in 2006. [3] South Korea`s legal system actually dates back to the introduction of the Republic of Korea`s original constitution and the organization of South Korea as an independent state. During the existence of the Republic of Korea, the Constitution has been revised or rewritten several times, most recently in 1987 at the beginning of the Sixth Republic. The action consists in establishing or modifying a legal relationship by means of a court decision. Previously, candidates for the bar exam could become judges, prosecutors and lawyers after completing a mandatory two-year course at the Judicial Research and Training Institute (JRTI), which essentially functioned as a law school in Korea. However, Korea introduced an American-style law school system in 2009.
There are now 25 law schools in Korea, whose graduates are admitted to the bar after passing the bar exam. The traditional bar exam was abolished in 2017. Korea had a system of professional judges, similar to that of France. However, due to a reform of the law, judges will be appointed from 2006 by lawyers with seven or more years of experience in the legal profession. From 2026, ten years of experience will be required. The Law on the Organization of Courts, which was adopted on 26. In September 1949, he formally established an independent three-tier judiciary in the Republic of Korea. In South Korea, studies are conducted both in writing and orally. Witnesses testify either live during a trial or in writing, which is submitted to the court.
Counsel for both parties also present their arguments to the court orally and in writing by filing oral arguments. Aliens have the right to an interpreter throughout the proceedings. If an interpreter has not yet been appointed, you should request one. In criminal cases, an accused may be convicted by a jury or judge. In 2008, South Korea introduced a popular participatory system. The defendant is entitled to be convicted by a jury only in criminal cases, but must file an application for a jury trial before the first trial begins. If the defendant does not request a jury trial, no jury trial will be held. The Korean jury system is very different from the common law system.
Therefore, you should consult a lawyer to find out if a jury trial or a court-led trial is best for you. The Korean Constitutional Law states that the judiciary consists of the Supreme Court of Korea, the country`s highest court, and other courts. The judicial system in Korea is a three-tier system: the court of first instance is the district court consisting of a single panel or three judges, the latter dealing with more serious, important and high-value claims. The Court of Appeal (also known as the High Court) and the Supreme Court are courts of appeal. Generally, an applicant has two options for appealing, as shown in the table below. Korea has an almost automatic right to appeal all the way to the Supreme Court, which is a big difference from the judicial systems of the United States or the United Kingdom. There is no real “admission of appeal” and, as a result, many cases regularly reach the Supreme Court. In the first instance of appeal, the court hears cases de novo, although the grounds for appeal to the Supreme Court are limited to the point of law. There are other specialized courts such as family, administrative, patent and bankruptcy courts. In addition, the National Assembly is in the process of introducing maritime and commercial courts as new specialized courts. The patent court and the high courts have equal rights.
Family courts, administrative courts and bankruptcy courts are treated in the same way as district courts. More detailed information on the appeals system and the organisation of the court is available in the table below and on the Supreme Court`s website. In cases where the court has issued an arrest warrant (see above), you can object to your arrest or detention by filing an application to object to detention. This request usually concerns the lawfulness of an arrest and whether due process and other formal requirements have been sufficiently respected. The application must be initiated by you, and usually another judge presides over the proceedings. You should consult your lawyer if you are considering making such a request. For hourly updates on the latest legal news, including criminal law, white-collar and corporate crime, as well as fraud/whistleblowers, follow the National Law Review Twitter feed and sign up for free e-newsletters. Although more Korean legal resources provide access to Korean legal documents in English, most legal writings are still in Korean.
A basic knowledge of Korean law is useful for an in-depth research of Korean law. The judicial system consists of the Supreme Court, the courts of appeal and the Constitutional Court. All cases are decided by judges, as there is no jury system in the country. 14 The judges of the Supreme Court are appointed by the President, and the Supreme Court is called the Court of Final Instance. The Constitutional Court consists of 9 judges, who are also appointed by the President. This court deals with constitutional issues in accordance with the country`s constitution. The courts of appeal consist of six higher courts, 13 district courts and several specialized courts. Although bail is not usual in the South Korean legal system, you have the right to apply for it. Bail is rarely granted to persons accused of serious crimes or foreigners accused of crimes.