South Korea
Answer ... The South Korean courts have very broad case management powers throughout the trial, from the commencement of legal proceedings to their termination. The main case management powers of the courts are as follows:
- examining and ordering the correction of complaints;
- deciding or changing the hearings and/or trial dates;
- managing the trials and/or hearings and the investigation of evidence presented;
- deciding on the restriction, separation or consolidation of issues;
- transferring cases;
- closing and re-commencing cases;
- dismissing any arguments or defences filed by a party if that party has intentionally or by gross negligence filed late;
- prohibiting statements by a person that does not obey the orders of the presiding judge; and
- recommending settlements.
A court may make any judgments or orders as to its case management powers for the purposes of the fairness, swiftness and economic efficiency of legal proceedings.
South Korea
Answer ... In general, all hearings, trials and rendering of judgments are open to the public. However, if there is any possibility that the opening of hearings to the public could impair national security or public peace and order, or be contrary to good morals, the court may decide to close the hearings and trials to the public. In either case, the rendering of judgments must be open to the public under all circumstances.
South Korea
Answer ... The Act on Private International Law sets out rules on how to determine jurisdiction and governing law in case of cross-border disputes, including those concerning property, contract, tort, family, inheritance, check and note, maritime issues and others.
South Korea
Answer ... The common law concept of joinder of third parties is broadly categorised in South Korea. Generally, additional plaintiffs, defendants or claims may join an existing claim if those claims arise from the same transaction or occurrence. The most common types of joinder of parties are compulsory joinder and permissive joinder.
A court may permit compulsory joinder if the additional party is necessary to provide complete relief for the parties or if harm might be caused to that additional party (depending on the outcome of the suit). A court may permit permissive joinder if the claim of the additional party is based on the same transaction or occurrence.
South Korea
Answer ... The court will serve the complaint on the defendant together with a guide on how to respond to the claim. The defendant then has a period of 30 days to submit a reply. Usually, after the reply has been filed, the court will hold a preparatory hearing to:
- determine future dates and schedules for pleadings, submissions and hearings, and general case management issues; and
- determine the factual and legal issues relevant to the dispute, and whether the parties are willing to enter into settlement or conciliation proceedings.
The court has broad discretion in this regard, and the schedule will depend on the nature and complexity of the case and the surrounding circumstances. During the course of these hearings, the parties may submit all evidence in the form of written submissions and exhibits, and such petitions for fact and expert witnesses as may be needed for testimony at the hearing.
With regard to evidence, the parties (unlike in the common law system during discovery or disclosure) have no obligations to submit documents or other evidence that is contrary to their interest, unless ordered to do so by the court (see question 5.1). Each party submits its evidence and the documents that it wishes to use to support its case.
In the course of the hearing, the evidence is mostly presented in written form; and even where witnesses testify orally, the questions are usually limited and a list must be supplied in advance of the hearing as to what questions will be posed to the witnesses. If an expert is needed, a party may apply to the court to appoint one.
Once the hearing has closed, the court will make a decision on the case, usually within four to six weeks of closing.
South Korea
Answer ... The overall procedure normally takes:
- between eight and 14 months at first instance;
- between six and 12 months in the high courts; and
- between one and two years in the Supreme Court.
However, this may differ depending on the subject matter and the nature of the specific case, as the case may be.