• Judiciary
  • What the courts do
  • Trials
  • Civil trials
  • 인쇄하기

Trials - Civil trials

Civil trials hear civil disputes over existence of a certain right or legal status arising in people’s daily lives.

The First Trial

The civil trial begins when the plaintiff or a representing attorney files a complaint with the trial court, i.e., a district court, a branch court, or a city/county court. When the complaint is filed, the court serves a copy of the complaint to the defendant. Within 30 days from the day when the copy of the complaint is served, the defendant is required to file a written answer. The court notifies the parties of the judgment date or hearing date depending on whether the defendant submits a written answer or not. The parties may make oral arguments before the court or have a private attorney represents on behalf of them during trial. In the case that a single judge sits on the bench to hear a case, each party with the court's prior permission may appoint a person who is not an attorney-at-law as their legal representative. If the defendant does not accept the claim brought by the plaintiff, he or she must present an objection to the plaintiff’s claims by submitting an answer or by making an appearance in the court on the hearing date.
Plaintiff and defendant must present evidence to prove their claims. However, there is no need to submit evidence with regard to an uncontested fact. Generally, hearings are held periodically in 2-3 week intervals, however, the court may hold hearings more frequently if it is required.
After the parties make argument and present evidence, the court closes the proceedings and delivers its decision in two weeks and serve the written decision to the parties. The court’s decision in a civil trial is generally not enforceable until it is confirmed. However, as to decisions regarding claims on rights to assets, the court may order to enforce them provisionally unless there is a reason against it. the court may order to provisionally enforce its decision for property rights cases if there are no probable causes not to do so, the decision may be provisionally enforced even before the court decision becomes final.