In this video, Jacob Lee,
the managing partner of LawWin talks about the Procedure of Civil Lawsuit in Korea.
What is Civil Lawsuit (민사소송)?
It is a dispute (분쟁) occurred between the plaintiff and defendant.
★Plaintiff (원고) - a person who brings lawsuit
★defendant (피고) - a person being sued
Often times, a civil lawsuit involves individuals (개인) and people of business entities (법인), which
means a civil lawsuit is varied from small claim to major litigation.
When does the civil lawsuit start? When a plaintiff files a complaint (소송제기/소장제출) to the court (법원).
Once the court receives the complaint, it serves the copy (부본) of the complaint to the defendant.
When defendant receives the copy,
he/she shall need to submit a 'Response' (답변서제출) to the court within 30 days.
Then the court opens pre-trial (변론준비기일).
On this day, the presiding judge (재판장) reviews (기록검토) all the written statements that were submitted,
and both plaintiff and defendant shall present (출석) at the court.
The next step is the trial (변론기일).
Each party gives oral argument (구두변론) providing facts (사실관계) of the case and issues.
The parties can request for a witness (증인) or submit evidence (증거제출).
When the judge is sure that there are enough proven facts, the trial will be closed. And the court will set a decision date. It is called 선고기일.
The opposing party may file an appeal (항소) against the court decision within 14 days.
For more information regarding this topic, please click the links below.
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