• Proceedings
  • Civil procedure
  • Application for evidence
  • 인쇄하기

Application for evidence

Application for witness

Submitting application for witness
In order to apply for witness examination, the witness must be applied for in accordance with the following form prior to the hearing date. For each witness, the application should clearly state in advance the purpose of the witness and the relationship with the party. It should also indicate whether the witness will appear in court as well as the witness’s telephone number.
If witness will appear in court, the witness statement as set by the court or witness examination particulars must be submitted by the time set by the court. The witness statement must be submitted in the number of copies equaling the number of the opposing party plus two. The witness examination particulars must be submitted in copies equaling the number of the opposing parties plus 3. If the court has decided to take a witness the applicant must deposit to the court (to the staff in charge of court payments) the evidence examination costs (compensation, travel and lodging expenses) by prior to the evidence examination date.
If the evidence examination costs have not been deposited, the witness examination may not take place, and even if the application has brought the witness in person, the associated expenses may not be paid directly. However, in the event the accompanying witness signs a statement of waiver regarding expenses, etc., the duty to deposit the expenses will be waived.
Compelling appearance of witness
If a witness fails to appear in court without a justifiable cause, the court may issue a summons to compel the witness to come to the court or another place where the witness could be examined. The summons may be generally enforced by the police officers or by an enforcement officer. In such case, the travel expenses of the enforcement officer must be deposited with the court.
Cross-examination of witness
The party who has called the witness examines the witness first followed by the examination by the opposing party. This is called as direct examination and cross-examination. The cross examination is intended to verify the truth of the testimony offered during the direct examination. Therefore, the cross-examination may not be about any matter aside from those that came out in the direct examination.
Therefore, if the opposing party is overly excited and fails to understand the testimony offered during the direct examination, he/she will be unable to conduct an effective cross-examination. Therefore, the opposing party should listen carefully and take notes on what questions to ask during the cross-examination and ask them one by one during the cross-examination.

Penalties and imprisonment of non-appearing witness

Witness who fails to appear in court on the witness examination date without a justifiable cause may be subject to penalty of up to 5 million won. If the witness fails to appear in court even after the penalty assessment, he/she may be subject to an imprisonment of up to 7 days.