Proceedings
Appeal process
Appeal to High Court
Those who have experienced injustice in the judgment by the lower court may file an appeal. The appeal may be filed prior to the receipt of the judgment and also within 2 weeks of the receipt of the judgment by submitting the appeal to the original court.
The two-week period means the date the appeal is filed at the original court. If the appeal is mistakenly submitted to the appeals court instead of the original court and has to be sent to the original court, the two-week period is counted based on date the appeal is received at the original court. So please be careful to avoid any mistakes.
In the notice of appeal, you must indicate the appellant the verdict by the lower court and the reason for the appeal. The judgment by the lower court normally states the name of the lower court, case number, case name, date of the judgment and the verdict. The notice of appeal may contain the reason for the appeal or it may be submitted later in the written brief. After receiving the judgment, if both parties agree not to file an appeal, they will not have the right to appeal. Please contact each court's Civil Affairs Department for more information on the stamp fees, service fees, and payment procedures.
Appeal to the Supreme Court
Appeal to the Supreme Court may be made in the event of any violation of the constitution, statutes, orders or rules that have influenced in the appellate court’s decision. Accordingly, the Supreme Court does not make decisions as a matter of fact.
The Supreme Court appeal shall be submitted to the appeals court within 2 weeks from the receipt of the appellate judgment. In the notice of appeal, it shall state the appellant and the respondent's names and addresses, as well as the appellate court’s judgment and the reason for the appeal.
In the appellate court’s judgment, the name of the court, number of the case, name of case, date of judgment and the verdict shall be stated. The reason for appeal may be stated in the appeal and if it is not, the statement of reason for appeal must be submitted within 20 days of the receipt of the filed litigation record. If failed to do so, the appeal will be dismissed.
The statement of reasons for final appeal must be submitted along with its duplicates as many as the number of the other parties plus six. The amount of revenue stamps to be pasted on the petition of final appeal is double the amount of revenue stamps to be pasted on the complaint for the first instance trial. If the amount of revenue stamps is KRW 10,000 won or more, it must be paid by cash, credit card, or other similar means, but if the amount is less than KRW 10,000 won, it may be paid by revenue stamps as well as by cash, credit card, or other similar means.
The service fee to be paid for the petition of final appeal is calculated by applying this formula: number of adverse parties × 5,200 (postage for one occasion) × 8 occasions.