The Supreme Court of Korea

Transcription

1 The Supreme Court of Korea

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3 The Logo of the Judiciary As a symbol of the Korean Judiciary, the logo features the Goddess of Justice designed in a modern style. Its colors and firm lines symbolize the strong devotion of the Judiciary to serve the public and to administer justice.

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5 Table of Contents A Message from Chief Justice Organization of the Judiciary Organization of the Judiciary The Supreme Court High Courts District Courts and Branch Courts Specialized Courts National Court Administration Judicial Research and Training Institute Training Institute for Court Officials Supreme Court Library Sentencing Commission Judicial Policy Research Institute The Supreme Court Building Overview Interior of the Building Exterior of the Building Members of the Judiciary Judges Court Officials Law Clerks Relevant Judicial Professions Duties and Functions of the Courts Civil Case Criminal Case Domestic Relations, Juvenile Offense, Domestic Violence Case Administrative Case Patent Case Debtor Rehabilitation, Bankruptcy Case Non-Litigation Case Constitution-related Case Judicial Information System Internationalization of the Judiciary History of the Judiciary... 86

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7 Open Communication for Public Trust I believe that the mission of the judiciary mandated by the constitution is to build a stable and peaceful society through the implementation of the rule of law. The judiciary needs to work hard in carrying out its designated mission to make a better society. Accomplishing the duties assigned to the judiciary would be possible only with public trust. The power to administer justice is provided by the public. Without public respect and trust the judiciary will lose grounds to conduct trials. Securing public trust and confidence is the most important task of the judiciary. The Korean Judiciary will invite the public to see the courts. We will open our minds and make the courts transparent to obtain people s understanding. We will exert our best to continuously reach out to the people and thus realize the true spirit of law. Trust and affection toward the Judiciary will take a firm root in people's minds with our greatest efforts. We will concert our devotion and wisdom to make our dream come true. - Chief Justice YANG Sung-tae The Honorable Chief Justice YANG Sung-tae was born in Busan on January 26, He received his LL.B. from Seoul National University and passed the 12 th National Judicial Examination both in His judgeship began in November 1975 as a judge of Seoul Civil District Court. Throughout his career, he served as a judge in nationwide courts including Daegu District Court, Seoul High Court, Jeju District Court, Busan High Court, and Seoul Central District Court. He also taught as a professor at the Judicial Research and Training Institute. He was appointed as the Chief Judge of Busan District Court and Patent Court. In 1998, which is one year after the outbreak of the financial crisis, Chief Justice Yang, then as the senior presiding judge of the Bankruptcy Divisions of Seoul Central District Court ordered court supervision of bankrupt companies in fair and reasonable way. As the Vice Minister of the National Court Administration, he played the major role in reforming criminal procedure. In February 2005, he was appointed as a Supreme Court Justice and served for six years. On September 25, 2011, he was inaugurated as the 15 th Chief Justice of Korea. 7

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9 Organization of the Judiciary

10 Organization of the Judiciary SUPREME COURT National Court Administration Judicial Research & Training Institute Judicial Policy Research Institute Training Institute for Court Officials Supreme Court Library Sentencing Commission 10

11 Seoul Central District Court Seoul Administrative Court Seoul Family Court Seoul Eastern District Court Seoul High Court Seoul Southern District Court Seoul Northern District Court Seoul Western District Court Uijeongbu District Court Incheon District Court Suwon District Court Goyang Branch Court Bucheon Branch Court Seongnam Branch Court Yeoju Branch Court Pyeongtaek Branch Court Ansan Branch Court Anyang Branch Court Gangneung Branch Court Wonju Branch Court Sokcho Branch Court Yeongwol Branch Court Daejeon High Court Daegu High Court Busan High Court Gwangju High Court Patent Court Chuncheon District Court Daejeon District Court Daejeon Family Court Cheongju District Court Daegu District Court Daegu Family Court Busan District Court Busan Family Court Ulsan District Court Changwon District Court Gwangju District Court Gwangju Family Court Jeonju District Court Jeju District Court Hongseong Branch Courts (District/Family) Gongju Branch Courts (District/Family) Nonsan Branch Courts (District/Family) Seosan Branch Courts (District/Family) Cheonan Branch Courts (District/Family) Chungju Branch Court Jecheon Branch Court Yeongdong Branch Court Daegu Western Branch Court (District) Andong Branch Courts (District/Family) Gyeongju Branch Courts (District/Family) Gimcheon Branch Courts (District/Family) Sangju Branch Courts (District/Family) Uiseong Branch Courts (District/Family) Yeongdeok Branch Courts (District/Family) Pohang Branch Courts (District/Family) Busan Eastern Branch Court Masan Branch Court Jinju Branch Court Tongyeong Branch Court Miryang Branch Court Geochang Branch Court Mokpo Branch Courts (District/Family) Jangheung Branch Courts (District/Family) Suncheon Branch Courts (District/Family) Haenam Branch Courts (District/Family) Gunsan Branch Court Jeongeup Branch Court Namwon Branch Court 11

12 Organization of the Judiciary Powers and Authority The courts are provided with the power to judge all legal disputes unless otherwise provided by the Constitution. The exceptions are found where the Constitution vests the power to judge some constitutional issues in the Constitutional Court and vests the power to examine the qualifications and/or to take disciplinary measures against lawmakers in the National Assembly. The courts also exercise the power to administer and supervise extra-judicial matters such as immovable and movable property registration, corporation registration, family registration, deposit, and the duties of marshal. Types of Courts There are six types of courts in Korea, which are the Supreme Court, High Court, District Court, Patent Court, Family Court, and Administrative Court. The basic three-tier system is composed of district courts, high courts and the Supreme Court. Other courts exercise specialized functions with the Patent Court positioned at the same level as the high courts, and the family courts and the Administrative Court positioned at the same level as district courts. District courts and family courts may establish branch courts, municipal courts and registration offices or any one or more of the three institutions if additional support is necessary to carry out their tasks. A branch court of both the district court and the family court may be established within the same court complex. Court Adjudication Procedure Trials are presided either by a single judge or a panel of three judges. In general, all hearings and rendering of judgments are open to the public. However, if there is any possibility that holding a public hearing could impair national security, public peace and order, or be contrary to good morals, the court may decide to close the hearings to the public. In either case, rendering of judgments must be open to the public under all circumstances. Videotaping, taking photographs or live broadcasting in a courtroom without prior permission of the presiding judge is not permissible. The court may confine for not more than 20 days, or fine for not more than 1 million Korean won (approximately US$ 980 as of August 2014), or impose both on a person who interrupts the conduct of a trial by harsh language, disturbance, etc. The court conducts its trial procedures in Korean. Interpretation can be arranged when the parties do not understand Korean. Except in military courts, adjudication including hearings and rendering judgment is presided by a judge or a panel of judges. However, as for certain types of the criminal cases, the Citizen Participation in Criminal Trials in which citizens directly participate as juries, has been implemented based on the Act on Citizen Participation in Criminal Trials since its enactment on January 1, The Citizen Participation in Criminal Trials system is an independently developed system comprising of elements from the American-style jury system and German-style citizen-judge system. Unique characteristics of the Citizen Participation in Criminal Trials are that: (1) the jury would issue a verdict independently from the judge, but if the jury is unable to reach a unanimous verdict of guilt or non-guilt, the jury shall hear evidence-related opinions of judges who take part in the trial before re-delivering a verdict. If the jury continuously fails to reach a unanimous verdict, a verdict will be abided by the majority decision; (2) jurors could express their opinions regarding sentencing; however, (3) the judge would not be bound by the jury s verdicts and sentencing opinions. This Citizen Participatory Trial would be held upon the request by defendants of criminal cases. 12

13 The Appeal Process On the other hand, a party unsatisfied with the judgment rendered by a trial court is entitled to appeal the judgment. Appellate trials are heard in high courts in principle. However, the appellate cases tried by a single judge are heard by the appellate division established in the district courts. A party that is not satisfied with the judgment of appellate jurisdiction may appeal the judgment to the Supreme Court, the final and highest tribunal. Since the Supreme Court deals with the question of law, the grounds of re-appeal to the Supreme Court is limited as prescribed in the Civil Procedure Act and the Criminal Procedure Act. Appellate Process Supreme Court Appellate Jurisdiction only A Panel(3) or En Banc Court Appeal Appeal High Court & Patent Court Appellate Jurisdiction Three-Judge Court Original Jurisdiction (Patent) Three-Judge Court Appellate Jurisdiction District Court Family Court & Administrative Court Three-Judge Court Extraordinary Appeal Appeal Appeal Single-Judge Court Three-Judge Court Original Jurisdiction 13

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15 The Supreme Court Composition The Supreme Court is comprised of the Chief Justice and 13 justices. The Minister of National Court Administration, one of the justices, does not sit on the bench in the Supreme Court trials. Jurisdiction As the court of last resort, the Supreme Court hears appeals against judgments or rulings rendered by the high courts, the Patent Court, and the appellate panels of the district courts or the family courts in civil, criminal, administrative, patent and domestic relations cases. Under special circumstances, the Supreme Court hears extraordinary appeals against the first trial judgments. It has the authority to review rulings rendered by the Korean Maritime Safety Tribunal in accordance with the Act on the Investigation of and Inquiry into Marine Accidents. It also has exclusive jurisdiction over the validity of the presidential or parliamentary election. The Supreme Court has the power to make a definitive review on the constitutionality or legality of orders, rules, regulations, and actions taken by administrative entities. Exercise of Jurisdiction The jurisdiction of the Supreme Court is exercised by the en banc court or panels of justices. An en banc court is convened with more than two-thirds of the justices present, with the Chief Justice presiding. A panel is composed of four justices. Currently, there are three panels of justices. All judgments rendered by each panel must be made unanimously. As for the cases deliberated by the en banc court, the decisions are made on a majority basis. The panels of justices rule most of the cases that are appealed to the Supreme Court. However, a case is referred to the en banc court in the event that a panel fails to reach a consensus on the decisions or if the case falls under one of the following categories: where it is deemed that any order, rule, or regulation is in contravention of the Constitution or contrary to laws; where it is deemed that any order, rule, or regulation is contrary to law; where it is deemed necessary to modify the previous opinion of the Supreme Court on the interpretation and implementation of the Constitution, laws, orders, rules, or regulations; and where it is deemed that adjudication by a panel is not appropriate. Adjudication of the Supreme Court has a distinctive feature with the Act on Special Cases concerning Procedure for Trial by the Supreme Court. When the grounds for appeal to the Supreme Court submitted by the appellant do not fall under such categories as are enumerated by the law, the Supreme Court is to dismiss the appeal without further examining the case. The reasons for dismissal need not to be stated. This is called Discontinuation of Adjudication. This is not applicable to criminal appeals. 15

16 Judicial Administration Judicial administration refers to the administrative management affairs including organization, human resources, budgets, accounting, facilities, etc., which are necessary to operate the judiciary. The Chief Justice exercises general control over judicial administrative affairs, and directs and supervises the officials concerned in regard thereof. The Chief Justice may delegate part of the authority to direct and supervise to the Minister of National Court Administration, the chief judge of each court, the President of Judicial Research and Training Institute, the President of Training Institute for Court Officials, or the President of Supreme Court Library. The Council of Supreme Court Justices The Council of Supreme Court Justices is the highest deliberative body in judicial administration. The Council is composed of all the justices and presided over by the Chief Justice. A resolution of the Council requires a quorum of more than two-thirds of all the justices and the consent of a majority of the members present. The Council passes resolution for the appointment of the lower court judges, establishment or revision of the Supreme Court Rules and Regulations, accumulation and publication of judicial precedents, request for budget, expenditure of reserve fund, settlement of accounts, and such matters as deemed of particular importance and as referred to it by the Chief Justice. Important judicial administrative affairs require resolution of the Council of Supreme Court Justices. 16

17 Power to Establish Rules and Regulations The Supreme Court may establish rules and regulations, under its judicial law-making powers, concerning judicial proceedings, discipline within the courts, or management of business insofar as they are not contrary to law. As mentioned above, resolution by the Council is required when establishing the Supreme Court Rules and Regulations. Judicial Research Team In the Supreme Court, there is a judicial research team comprised of judges and non-judge legal researchers who examine cases as well as conduct judicial research. Right to Present an Opinion If it is deemed necessary to enact or revise related laws in connection with the organization, personnel affairs, operation, judicial proceedings, registrations, family registration, and other court affairs, the Chief Justice may present in writing his/her opinion to the National Assembly. 17

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19 High Courts Organization There are five high courts located in five major cities of Korea - Seoul, Busan, Daegu, Gwangju and Daejeon. In order to enhance judicial accessibility of the litigants, selected high courts established one of its panels in remote district courts including Chuncheon District Court, Cheongju District Court, Changwon District Court, Jeonju District Court and Jeju District Court. Jurisdiction High courts hear appeals from judgments, rulings or orders rendered either by a panel of three judges of district courts or the family courts, or by the Administrative Court. The jurisdiction of high courts is exercised by a panel of three judges. By the implementation of dual system on personnel affairs for judges, high court judges are appointed among legal professionals who apply for the position with substantial legal experience, and the appointee would not be transferred to district courts and work only at high courts unless there are special circumstances. 19

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21 District Courts and Branch Courts Organization Currently, there are 18 district courts throughout the country. In each district court, there is an administration bureau to handle judicial administrative affairs. Branch court(s), and/or municipal court(s) may be established under a district court. Currently there are 40 branch courts nationwide. Jurisdiction District courts or its branch courts retain original jurisdiction over civil and criminal cases. In general, a single judge presides over a trial whereas a panel of three judges is required to sit for cases deemed of greater importance by laws, which falls under the following criteria : In addition, district courts have jurisdiction over appeals against judgments or rulings rendered by a single judge of the district court, branch court or municipal court. This appellate jurisdiction is exercised by a panel of three judges, which is called an appellate panel, like a trial panel of three judges. Municipal courts exercise original jurisdiction over minor cases. Currently, 100 municipal courts are situated across the nation. Municipal courts have jurisdiction over small claim cases in which the amount in dispute does not exceed 20 million Korean won (approximately US$ 19,600 as of August 2014) and misdemeanor cases in which the courts may impose penal detention or a fine not exceeding 200,000 Korean won (approximately US$ 196 as of August 2014). Civil cases: Cases involving a controversial amount exceeding 100 million Korean won (approximately US$ 98,000 as of August 2014) or incalculable amounts. There are exceptions for cases involving the claim for payment of checks or bills and financial institution s claim for repayment of loans, which are presided over by a single judge regardless of the amount in controversy. Criminal cases: Sentences of death penalty, life imprisonment, or imprisonment for a minimum of one year. There is also an exception for cases such as check counterfeiting, habitual use of violence, habitual larceny, etc. which are presided over by a single judge. 21

22 Specialized Courts Patent Court In the past, the Korean Intellectual Property Office (KIPO) had rendered two-tier administrative judgments with regard to disputes surrounding the rights of patent, utility model, design, or trademark. Appeals against KIPO s decisions could only be filed to the Supreme Court directly, without any prior lower court trials. However, as the Patent Court, newly established on March 1, 1998 as part of judicial reform and in high court level, has original jurisdiction regarding appeals from the decision of the Intellectual Property Tribunal and appeals from the Patent Court s decision go directly to the Supreme Court, the court has operated in a twotier court system. The Patent Court has technical examiners who have degrees in various fields of natural science, technology, and other professionally related fields to assist judges on the technical matters of patent and utility model cases by providing consultation and expertise to judges. 22

23 Family Court The family courts were first established on October 1, 1963 in order to provide exclusive jurisdiction over domestic relations and juvenile offense cases, and they were established only in Seoul and Busan in the past. However, the family branches under Daejeon District Court, Daegu District Court and Gwangju District Court were elevated to family court on March 1, 2012, which is at the same level as district court, and 16 branches under the courts opened accordingly. As for the regions having no family court, respective district courts have jurisdictions for domestic relations and juvenile offense cases. In 1998, in addition to domestic relations and juvenile offense cases, family court was provided with the power to rule domestic violence cases under the Special Act for the Punishment of Domestic Violence. The court was also provided with the authority to issue Domestic Violence Victim Protective Order in October 2011, allowing victims of domestic violence to directly file an injunction to isolate domestic violence offenders and other related orders to the family court. Administrative Court The Administrative Court was established in Seoul on March 1, In other regions, the respective district court performs the function of the administrative court until new administrative court is established within the region. The Administrative Court hears tax, eminent domain, labor and other administrative cases. In the past, the exhaustion of administrative remedies was a requirement for filing an administrative lawsuit with the court. However, with the establishment of the Administrative Court, an administrative lawsuit may be filed without first resorting to administrative remedies unless otherwise provided by law. Domestic relations cases are heard either by a panel of three judges or a single judge. Juvenile offense and domestic violence cases are heard by a single judge. Each family court has a conciliation committee for conciliation of family disputes and investigative officers to conduct necessary investigation. 23

24 National Court Administration Composition The Minister of National Court Administration, under the direction and supervision of the Chief Justice, is responsible for all the tasks of the institution as well as the administrative affairs of the court. The Vice Minister assists the Minister in implementing all work of the institution. The Chief Justice appoints the Minister of National Court Administration and the Vice Minister. The Minister is appointed among the justices. The Vice Minister is appointed among those who are judges. Currently, the National Court Administration (NCA) is comprised of four Offices; three Bureaus; Inspector General for Judicial Ethics; Director General for Personnel Affairs; Director General for Public Relations; and Director General of Security Management. Four Offices are Planning and Coordination Office; Judicial Procedure Office; Judicial Policy Office; and Administrative Management Office; and three Bureaus are Registration Bureau; Judicial IT Bureau; and Judicial Affairs Bureau. Duties and Functions Planning and Coordination Office administers court activity of planning and coordination for judicial operation, international affairs, judicial information system management and development, judicial budget request, allocation and execution, organization reform, and court facilities management. Judicial Procedure Office is responsible for the operation and improvement of trial systems including revision of trial procedure regulations and procedures for civil, criminal, family and bankruptcy cases. Judicial Policy Office is in charge of conducting research and studies of judicial system, judicial policies and mid/long-term personnel policies. Administrative Management Office is responsible for executing general administrative affairs including Supreme Court facility management, finance, and human resources management. The Registration Bureau administers real estate and corporation registration, family relation registration, and deposit. The Judicial IT Bureau is responsible for setting judicial IT policies, budget and contract, and managing and developing judicial information network. The Supreme Court Litigation Bureau is responsible for receiving cases, managing case records and general supervision over court officials in courts of all levels. Inspector General for Judicial Ethics conducts activities and measures with regard to enhancing overall judicial ethics. Director General for Personnel Affairs handles personnel matters of judges, and Director of Personnel Management handles personnel matters of court employees. Director General for Public Relations manages public relations of the judiciary and Director General of Security Management prepares countermeasures in case of a state emergency. 24

25 Judicial Research and Training Institute Overview The Judicial Research and Training Institute (JRTI) is an institute in charge of policy research and training for both judges and judicial trainees admitted by the Supreme Court. The Institute opened on January 1, JRTI also provides classes for those specially requested by the government. Organization The JRTI is comprised of President, Vice President, professors and lecturers. The President of JRTI, under the direction and supervision of the Chief Justice, handles all the tasks of the Institute and supervises all its staff members. The President is appointed by the Chief Justice among the judges with the rank of Chief Judge of a high court. The Vice President assists the President in carrying out the duties of the Institute. The Chief Justice appoints the Vice President from among the public prosecutors with the rank of Chief Prosecutor. The Chief Justice also appoints professors from among judges, public prosecutors, lawyers, or others with a qualifying degree. Buildings The current complex located in Ilsan, west of Seoul, went into construction in September 1998 and was completed in October The land area is approximately 83,000 square meters and the total building area, 60,000 square meters. The JRTI complex is comprised of several buildings, which are the main building (classrooms and library), gymnasium (welfare facilities and auditorium), trainee dormitory and judge training center. Training Programs Judicial Training for Judges In accordance with the changes in training of legal professionals, the functions of JRTI also have changed from focusing on judicial trainees into judges. The JRTI has continuously conducted research on various teaching methods and measures to expand training. In particular, JRTI has reorganized the judicial training system by strengthening training for newly appointed judges and creating training programs for experienced judges, keeping up with the unification of legal profession policy and lifetime judge system. The judicial training programs for judges can be categorized as per their judicial experience, legal areas, topics, foreign languages, and judicial seminars. Training programs based on judicial experiences are divided into programs for the new appointees and programs for performing duties. The former includes training programs for newly appointed judges, newly appointed judges from judge advocate, and the latter includes training programs for the chief judges of branch courts, the chief judges of family branch courts, high court judges, single judges, junior judges, and presiding judges of district courts. Judicial Training for Law Clerks Judicial training for law clerks is implemented in two steps. While the first step in training focuses on the understanding of courts and practice environment as well as the learning of basic practical knowledge, the second step in training is the course to further their capabilities to assist the trial-related affairs, such as the understanding on the logical structure of judgments. 25

26 Programs for Judicial Trainees The Chief Justice appoints judicial trainees among those who have passed the National Judicial Examination. After completing the two-year training program, they are admitted to the legal profession and can choose to become a judge, a lawyer or a public prosecutor. However, under the unification of legal profession policy from 2013, judges shall be appointed from among those who have been engaged in legal affairs such as a public prosecutor or a lawyer for a certain period in addition to the two-year training at JRTI. One who has passed the National Judicial Examination and received training at JTRI may serve as a military judicial officer or a public judicial advocate as part of his military obligation. to the legal field, liberal arts and other areas which prepare the trainees to face the challenges of the development of society. Judicial trainees also receive practical training in various courts, public prosecutor's offices, bar associations and other relevant institutions. The two-year program courses include legal theory (general law, professional and special law, foreign laws), legal practice (defense by attorney, civil proceedings, criminal proceedings, prosecution, professional practices), ethics for legal practitioners, areas related 26

27 Training Institute for Court Officials Overview The Training Institute for Court Officials (TICO) plans and provides training and development programs for court clerks, marshals and other staff members of the Judiciary who are deemed necessary by the Chief Justice (staff members of the Constitutional Court, Korea Legal Aid Corporation, family relationship register office, and etc). The Institute was founded on September 1, Organization TICO is comprised of President, professors, and lecturers. The President (vice-minister level) carries out all the tasks of the Institute under the direction of the Chief Justice and supervises all the staff members of the Institute. A court official appointed as a professor becomes director level and a court official appointed as a lecturer becomes deputy-director level, which are equivalent to court official grade IV and V respectively. Buildings Having relocated to the new location near Ilsan Lake Park in February 2001, the Institute consists of main building, lecture hall, auditorium and dormitory. The land area is approximately 39,000 square meters and the total building area is 20,700 square meters. Training Programs TICO programs consist of management level training, job training and special training. Management level training program is composed of a policy innovation training (for court officials higher than grade III), a leadership innovation training (for court officials promoted as grade IV), an entry-level management innovation training (for court officials passed a grade V promotion test), and a service innovation training (for court officials lower than grade V). A specialized program made by outside institution is used for this management level training to meet the need of each level court officials. Job training programs consist of three courses: basic, practical and professional. The basic course is designed for new court officials who passed the grade V or IX open competitive examination and officials who passed the grade VII promotion test. The program is practical task oriented so that officials can sufficiently perform their tasks immediately after the training. The practical course is geared toward to enhance practical working skills of court officials who are already in office. The practical course is composed of entry-level practical course (for court officials grade VIII and IX), middle-level practical course (for court officials grade VI and VII), and high-level practical course (for court officials grade V). The professional course is provided to grade V to VII court officials who perform their duties under their authority. The officials include officials for trial participation, registration, deposit, and others. Enhancing the professional skills for the court officials, the professional course covers the fields of civil proceedings, criminal proceedings, petition, execution, real property registration, commercial registration, family registration, deposit, bankruptcy, etc. The professional course consists of a lecture, discussion and presentation. Special training programs include theory education and information technology training for officials working at particular posts such as family investigation officers, court guards, execution officers, office workers of execution office, family relationship register officials from the executive branch and others. 27

28 Supreme Court Library Overview The Supreme Court Library manages and provides judicial resources such as court decisions, statutes, literary collections, and historical records of the Judiciary, etc., and conducts research, and collects and compiles the above judicial resources, in order to assist trial-related affairs and to contribute to legal culture development. The Library's publications include: Collection of Supreme Court Decisions, Commentaries on Supreme Court Decisions, Collection of en banc court Decisions of the Supreme Court, Summaries of the Supreme Court Decisions, Supreme Court Reports, Lower Court Reports (trial and appellate courts), Supreme Court Law Review, and Judicial Materials. Organization The President, under the direction of the Chief Justice, heads the Supreme Court Library. The President supervises library staff members and provides guidance and assistance to the libraries at all court levels. The Library may bring in Director of Judicial Research. The roles of the Director include assisting the President, organizing library plans, conducting research and studies, carrying out assessment and evaluation projects and other duties assigned by the President. The Supreme Court Library consists of the General Affairs Division under the Administration Bureau, Publishing and Editing Division, Acquisition and Technical Processing Division, Knowledge Management and Service Division. Creation of such divisions and distribution of tasks among the divisions are governed by the Rules of the Supreme Court. Literary Collection The Supreme Court Library is located in the Supreme Court building, with a branch library in the Seoul High Court. The Supreme Court Library and the branch library have a total collection of more than 300,000 volumes. The total collections of local court libraries nationwide, which are under the supervision of the Supreme Court Library, amount to approximately 1,300,000 volumes. 28

29 Data Search Digital Library Supreme Court Library Database System allows online access to the list of all the literary collections in the court libraries. With the consent of the author, legal materials can be printed out. Also, the system receives inquiries regarding book purchases, new arrivals, book reservation and photocopies. Judicial Information System (JIS) Judicial Information System is available through the Supreme Court website ( or through the internal court network. The system allows users to access legal information anywhere and at anytime with an internet-enabled computer. Information on judicial decisions, acts and subordinate statutes, legal publications, regulations, established rules, and precedents are organically integrated for use in an array of applications including trials, scholarly research, dispute resolution, and legal education. Foreign Legal Resources Database The search and print of foreign legal information is available via the court's intranet. Currently, the Supreme Court Library provides online legal research services on cases, statutes and law reviews, original copies of legal periodicals etc., from the U.S., Germany, France, Japan, and China. The Supreme Court Library developed a Korean-Japanese translation program featured in legal terminology, which enables users to get Japanese materials immediately translated into Korean. Image of Original Texts Database Damaged, rare or aged collections require careful handling to prevent damage or loss. The Supreme Court Library compiles image data of such injured or valuable documents by a preserving program developed on its own. This measure allows permanent conservation and availability of information of the original materials. Legal Information Database LX (LID-LX) LID-LX is an integrated legal information system available in DVD format, used as a supportive system to JIS. The information is similar to that of JIS. LID-LX is renewed every year and the information is available at the Supreme Court Library website (library.scourt.go.kr). 29

30 The Sentencing Commission Overview In accordance with the amendment of the Court Organization Act on April 27, 2007, the Sentencing Commission was established as an independent agency in the Supreme Court on April 27, 2007 to implement fair and objective sentencing practices to strengthen public trust toward the judiciary. The Commission is responsible for establishing or revising sentencing guidelines, and researching and analyzing related sentencing policies. Chairperson and Members The Commission is comprised of 13 members including the Chairperson and one Standing Commissioner. The Chairperson is appointed by the Chief Justice among those with not less than 15 years of experience as a legal profession such as a judge, public prosecutor, or lawyer. The Chief Justice appoints the Commissioners among those who are engaged in professional legal sector such as judges, public prosecutors, lawyers, etc. Public prosecutors and lawyers require recommendation from the Minister of Justice and the President of the Korean Bar Association respectively. A commissioner serves a two-year term and can serve multiple terms. Special Commissioners To perform specialized research the Commission can also bring in less than 15 non-standing commissioners. Currently, judges, public prosecutors, lawyers, professors and other professionals can be appointed as non-standing commissioners. General Secretariat Office The General Secretariat Office of the Commission provides the necessary administrative support and assistance. Force of the Sentencing Guidelines The sentencing guidelines are not mandatory but should be respected by judges in rendering decisions in case when the category and period of sentencing are involved. Therefore, in line, the reasons for departing from the guideline must be provided in the decisions. 30

31 Establishment of Sentencing Guidelines The Sentencing Commission set individual and gradual guideline criteria based on comparative study of foreign sentencing guideline systems. The Commission s guidelines reflect public opinions through public hearings, canvassing the comments of the concerned public offices and councils of advisory members. On July 1, 2009, the 1 st Sentencing Commission established sentencing guidelines for crimes of homicides, bribery, sexual assault, robbery, embezzlement and breach of trust, perjury, and false accusation. Furthermore, the 2 nd Commission has provided sentencing guidelines on crimes of abduction and inducement, fraud, larceny, official and private documents, obstruction of the performance of official duties, foods and health, and narcotics on July 1, The 3 rd Commission established and applied sentencing guidelines for crimes related to securities and finance, infringement of intellectual property rights, violence, and traffic crimes on July 1, 2012; election crimes on September 1, 2012; and crimes related to tax, and crimes of extortion, and arson on July 1, 2013, establishing approximately 78% of sentencing guidelines for total cases indicted. The current 4 th Commission that commenced its term on April 27, 2013 newly established sentencing guidelines on the crimes of receiving or giving bribery by breach of trust, violation of the Attorney-at-Law Act, sexual traffic crimes, and crimes on unlawful arrest, confinement, abandonment or cruelty and started their application from July 1, 2014 and October 1, The 4 th Commission is currently deliberating the articulation of sentencing guidelines on crimes of obstructing another from exercising one s right, gambling, acquiring stolen property, and destroying or damaging property. When the articulation of these guidelines is completed, the percentage of applicable sentencing guidelines to total prosecuted crimes will increase to 86%. Crimes subject to sentencing guidelines established by the 1 st Commission Crimes subject to sentencing guidelines established by the 2 nd Commission Crimes subject to sentencing guidelines established by the 3 rd Commission Crimes subject to sentencing guidelines established by the 4 th Commission Crimes not subject to sentencing guidelines Percentage of crimes subject to sentencing guidelines 1 st Term Sentencing Guideline 1 st + 2 nd Term Sentencing Guideline 9.53% 9.53% 90.47% Cumulative percentage: 9.53% 56.77% Cumulative percentage: 43.23% 33.70% 1 st +2 nd +3 rd Term Sentencing Guideline 1 st +2 nd +3 rd +4 th Term Sentencing Guideline 21.79% 9.53% 7.83% 13.96% 9.53% 34.98% 33.70% Cumulative percentage: 78.21% 34.98% Cumulative percentage: 86.04% 33.70% 31

32 Judicial Policy Research Institute The Judicial Policy Research Institute (JPRI) was established on March 10, 2014 as a separate and independent research institute to conduct multifaceted research on the judiciary and to provide policy suggestions. In response to rapidly changing judicial environment involving the increase in new types of legal disputes and the expansion of judicial exchanges, the Institute analyzes judicial system and designs appropriate judicial policies that Korean judiciary should pursue in the future. 32

33 The JPRI is comprised of President, research fellows and the administration office. The President supervises the overall administration and operation of the Institute and submits yearly research plan to the Chief Justice for approval. Researchers include both judge and non-judge research fellows and visiting scholars with extensive professional experience and knowledge from their respective fields. The JPRI s goal is to ensure and improve public accessibility to the judiciary and assist the judiciary to leap beyond its conventional function of dispute-resolution and expand the welfare-providing and supportive judicial activities for the resolution of social disputes and the integration of the society. The JPRI is composed of five research centers with specific goals: (1) Future Judicial Policy Center conducts medium and long term research on the judicial and trial system; (2) Integrated Judicial Center pursues intra-organizational collaboration and integrated judicial research with related studies such as legal psychology, legal economics, etc.; (3) Legal Education Center provides supportive measures for legal education for the public; (4) Judicial Center for Unification conducts judicial research in preparation for the unification of the two Koreas to support post-unification judicial system; and (5) Foreign Judicial Center conducts research on foreign judicial system and supports the research works of the Future Judicial Policy Center. 33

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35 The Supreme Court Building

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37 Overview The first Supreme Court building was constructed in 1928 on a 24,000 square meter site at 37 Seosomun-dong, Jung-gu, Seoul. The total area of the complex was approximately 10,300 square meters. To meet the expanding organization both in size and the number of employees, the Supreme Court's first and second annex buildings, measuring 1,400 square meters and 3,200 square meters each, were added in 1957 and 1968, respectively. The Supreme Court relocated to its current building situated at 217 Seocho-ro, Seocho-gu, Seoul in 1995, which was the year marking the centennial anniversary of the establishment of the modern judicial system in Korea. The construction of the building began on November 29, 1991 and was completed on September 23, The opening ceremony for the building took place on December 1, The building stands on an area of 57,700 square meters with an approximate total space of 66,500 square meters and consists of 16 floors and two underground floors. The current building is divided into four sections: the Main Center, East and West Wings and Courtrooms. The Main Center is mostly occupied by the Supreme Court, East Wing by the National Court Administration and West Wing by the Supreme Court Library and other welfare facilities. 37

38 Interior of the Building Auditorium The auditorium seats 714 persons and is used for events such as new year ceremonies, academic symposiums, video presentations and others. During a Supreme Court tour, the visitors can view the Supreme Court introductory DVD in the auditorium. The Courtrooms The Grand Courtroom This is where the en banc court is convened. The Grand Courtroom has a capacity of 310 persons. The en banc court has extra seats at each end reserved for additional justices after the unification of the Korean peninsula. Courtrooms There are two additional Courtrooms in the Supreme Court, which are occupied by panels of justices each composed of four justices. There are 140 seats for the public. Trials by a panel are convened every two weeks, twice a month. The decisions rendered by each panel must be made unanimously; otherwise, the case is referred to the en banc court. 38

39 Paintings displayed on the Main Entrance Hall On the west and the east walls of the main entrance, oil paintings on bronze are displayed. The painting on the east wall represents the dawn, sunrise, hopes, plans and dreams. The main color is blue, which symbolizes the east of the orient. The painting on the west wall visualizes a trial of justice and is expressed in white. 39

40 Bust of the First Chief Justice The late first Chief Justice KIM Byong-ro was born as the only son among three siblings, in Sunchang, Jeonbuk, in He was appointed as a judge in 1919, and served as a lawyer from He defended more than 100 cases related to anti-japanese colonialism. In August 1948, he was appointed as the first Chief Justice of Korea and served until December He passed away in January 1964 at the age of 77. The late Chief Justice Kim is one of the most respected legal professionals in Korea for his honesty, strength and fortitude. His righteous and firm attitude became the motivating forces toward defending judicial independence and authority from external pressures. Portraits of Former Chief Justices Portraits of 12 former Chief Justices from the late first Chief Justice KIM Byong-ro to the 14 th Chief Justice LEE Yong-hoon are displayed in the main hall. 40

41 The Statue of the Goddess of Justice The Statue of the Goddess of Justice representing law and justice may be considered as a western concept. However, this work of art is unique in that it portrays Korean features. As for its physical appearances, its face expresses gracefulness of a Korean woman and is dressed in a Korean traditional costume. The significant feature of this statue is that the scale of justice is held by one hand and the code of law by the other instead of a sword. Court Museum The Court Museum is located on the first floor of the Supreme Court building. The Museum composed with history room which exhibits historical documents, books, judicial robes and other items of the judiciary; introductory room which provides information for various judicial systems and procedures; global room which shows the judiciary s interaction with the courts of other countries; experimental room which equipped moot court room; informatization room which shows developed Judicial Information System. 41

42 Exterior of the Building Word Engravings above the Main Entrance Arc The words Freedom Equality Justice engraved in Korean represent the pledge made by the Supreme Court to uphold law and justice. 42

43 Statue of Law and Justice (Center Lawn) Harmony - 95 (The Circle Plaza of the Supreme Court) Made of stainless steel, measuring 220 cm by 100 cm and 550 cm, this art piece displays the same forms on each side of its axis, which symbolizes solemn order and the harmony of nature. This formative bronze masterpiece measures six meters in both width and length and stands seven meters tall. Representing the strictness and dignity of law, the outer vertical ring was modeled after the horn and tail of the mythical creature Haitai that symbolizes law and justice of Korea. The inner horizontal ring represents the scale of justice, which symbolizes fairness, love, and protection of law. 43

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45 Members of the Judiciary

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47 Judges Qualifications The Constitution of Korea stipulates that qualifications for judges shall be set by the law. In accordance, the Court Organization Act states the qualifications for judges as persons who have passed the National Judicial Examination and completed a two-year training program at the Judicial Research and Training Institute (JRTI) or those who have passed the bar exam. However, the National Judicial Examination will terminate in 2017 with the introduction of law school system and judges will be only selected from those who graduated from an accredited law school and passed the bar exam with sufficient legal experience. On July 18, 2011, the Court Organization Act was revised to comply with the above changes. As a result, qualifications of a judge will change gradually until 2022 as the following: From January 1, 2013 to December 31, 2017, judges will be appointed among those who have passed the National Judicial Examination and completed the two-year training at the JRTI or who have graduated from law school and passed the bar exam. All candidates must have at least three years of legal experience. From January 1, 2018 to December 31, 2019, judges will be appointed among law school graduates with five years of legal experience. From January 1, 2020 to December 31, 2021, judges will be appointed among law school graduates with seven years of legal experience. According to the Court Organization Act, the qualifications of the justices of the Supreme Court require more than 45 years of age with 20 years of legal experience. The scope of legal experience will include those who have been in the following profession for not less than 20 years: 1) a judge, a public prosecutor, or a lawyer; 2) a qualified lawyer who has engaged in legal affairs at a government agency, local government, national or public enterprise, government-invested institution, or other juristic person; or 3) a qualified lawyer who has held a position higher than an assistant professor in jurisprudence at an authorized college or university. Former Chief Justices and other justices, for the most part, were judges prior to their appointment to the respective position. 47

48 Appointment of Judges The Chief Justice and justices of the Supreme Court are appointed by the President of the nation with the consent of the National Assembly. As for justices, the Chief Justice has to first submit recommendations for appointment to the President. Judges are appointed by the Chief Justice with the consent of the Council of Supreme Court Justices. The judges are assigned to their posts by the Chief Justice. The Judges Personnel Committee was established as an advisory group to the Chief Justice to plan and coordinate personnel issues. The Chief Justice can evaluate service of judges and the outcome may be reflected in personnel management. Terms of Office and Retirement The term of office of justices, including the Chief Justice is six years. Whereas the Chief Justice can only serve a single term, justices can serve additional terms. Judges have a 10-year service term and may be reappointed. Judges must leave office when they reach retirement age even if their term remains. The retirement age is 70 for Supreme Court Justices including the Chief Justice and 65 for lower court judges. Guarantee of Status No judge is subject to involuntary dismissal from office except by an impeachment or a sentence of imprisonment or heavier. Further, a judge cannot be subject to suspension from office, a reduction in remuneration, or unfavorable treatments except by disciplinary measures. On the other hand, in case a judge is unable to carry out the duties due to grave mental disorder or physical impediment, if the judge is a justice of the Supreme Court, the President may order him/her to resign from office upon the recommendation of the Chief Justice. As for judges other than justices, the Chief Justice may order to resign. During the term of office, a judge cannot become a member of the National Assembly or a local council, or a public official in any administrative agency, participate in a political activities, engage in a paid job without the permission of the Chief Justice, or hold a job for the purpose of any pecuniary profit, assume any post, regardless of its reward, as an advisor, officer or employee of a corporation or organization, other than government agencies, without the permission of the Chief Justice. Discipline of Judges A judge is subject to disciplinary measures when the judge committed a serious breach of duties or was negligent in performance of the duties. Disciplinary measures may also be taken against a judge who has degraded himself/herself or damaged the dignity of the court. Disciplinary measures are divided into three kinds: suspension from office, a reduction in remuneration, and a reprimand. If a judge is submitted to suspension from office, performing of the respective duties shall be suspended for not less than a month and not more than a year. During such period, remuneration is subject to suspension. If a judge is submitted to a reduction in remuneration, it can be cut by one-third for not less than a month and not more than a year. In case a reprimand is to be delivered, it is admonished in writing. Discipline of judges is under the jurisdiction of the Judges Disciplinary Committee established in the Supreme Court. A resolution of the Committee requires a majority of all members as a quorum and the consent of a majority of the members present. Appeals against the Committee s decision can be made within 14 days from the date on which the judge is aware of the disciplinary decision by filing a request of disciplinary action cancellation claim at the Supreme Court. A case is to be heard once as a single trial. Remuneration of judges is to be appropriate to the judges' duties and dignity. 48

49 Judges on Secondment When other government agency requests secondment of a judge to the Chief Justice, permission may be granted if it is deemed proper in light of the nature of service, and with judge's consent. Currently, judges are seconded to the Constitutional Court, the National Assembly, the International Criminal Tribunal for Former Yugoslavia, the Hague Conference on Private International Law, the Embassy of the Kingdom of the Netherlands, the Permanent Mission of the Republic of Korea to the United Nations and the Vietnam Judicial Training School. Overseas Training of Judges The Supreme Court has implemented overseas training programs to help judges gain advanced work skills, job expertise and motivation and for a systematic development of human resources with expertise. Such programs are also intended to introduce advanced judicial systems and operation methodologies of other nations to Korea as well as to establish a more efficient and optimal legal system in line with rapid changes and the trend of internationalization. Overseas training programs for judges can be classified as follows: Long-term Training Program Through sponsorship and recommendation of the Supreme Court, participants to this program receive training or participate in research at a university, an educational institution or a research center overseas. In general, the training period is ten months to one year. The program was launched in Today, overseas studies are conducted in various nations such as the United States, United Kingdom, France, Germany, Austria, Japan, China, Canada, the Netherlands, Italy, Russia, Australia, Spain, Switzerland, Belgium, etc. The number of participants reaches up to 80 persons each year. Training Program for Internationalization This program aims to promote understanding of diverse cultures and different systems in currently expanding and accelerating global arena as well as to develop new ideas and vitality for a judicial environment. The training period is about two weeks. Number of Judges As of June 2014, the number of judges including the Chief Justice and justices of the Supreme Court and those in the special service such as professors of the JRTI stands at 2,774. Number of Judges (as of June 2014) Court Position Number Chief Justice 1 The Supreme Court Justice 13 Senior Research Judge 2 Research Judge 106 Chief Judge 6 High Court Presiding Judge 97 Judge 190 District Court Chief Judge 23 High Court Presiding Judge 10 District Court Branch Court Chief Judge 39 Presiding Judge 476 Judge 1,778 National Court Administration Vice Minister 1 JRTI The President of JRTI 1 Professor (Judge) 31 Total 2,774 49

50 Court Officials Structure Court officials are divided into two categories: public official in general service and public official in technical and skilled service. Court officials work in various fields including judicial administration, technical examination, library, interpretation, facilities, industrial management, and health. Judicial administration field can further be divided into sub fields such as court affairs, registration affairs, information technology, statistics, stenography, and bailiff duties. Like officials of administrative branches, court officials have been ranked from grade I to grade IX. Appointment Court officials are appointed after passing an open competitive examination. Promotion to higher posts occurs when they serve at one post for a fixed period of time, with the exception of posts in grade V and grade VII, which require passing an examination for promotion thereto. In general, court officials are appointed by the Chief Justice. However, a portion of the Chief Justice's power to appoint court officials is delegated to the chiefs of the institutions to which the court officials belong. Duties Court officials have engaged in court affairs to assist judges with court proceedings. They take charge of recording court activities, keeping court records, issuing various certificates proving litigious matters, and serving documents. They also handle non-litigious matters including registration of real property, commercial and corporation, family registration, deposit, etc. 50

51 Law Clerks Qualifications The Court Organization Act permits each level of court to appoint law clerks among persons who are qualified as attorneys-at-law. Law clerks are hired on a contract basis and their tenure is limited to three years. However, temporarily, the term in office of law clerks is two years until Dec. 31, Appointment A person who has a power to appoint law clerks is the Chief Justice. However, following the policy of dispersion and transfer of executive powers, the Chief Justice delegates the power to select and place law clerks to each chief judge of high courts. Currently, the prescribed number is 200 persons, and it cannot be modified until However, after 2022, increase in the number of law clerks is possible in accordance with the Supreme Court Regulations. Duties Law clerks are assigned to each court and examine cases as well as conduct judicial research under the direction of the Chief Judge of the court they belong to. 51

52 Relevant Judicial Professions Public Prosecutors Public prosecutors are representatives of the public interest who investigate crimes, indict suspects as well as direct and supervise the police in the investigation of crimes. It is also the public prosecutors that supervise the execution of criminal judgments after such judgments become final and conclusive. The qualifications for public prosecutors are the same as those for judges. Public prosecutors are appointed among those who completed training program at the JRTI after passing the National Judicial Examination or those who are certified as lawyers. Public prosecutors are subject to direct order and supervision of their superiors within the public prosecution circles headed by the Prosecutor General. Each Public Prosecutors' Office is established corresponding to each level of Court. Lawyers Lawyers participate in judicial proceedings as representatives of parties in civil or administrative cases or as defense counsels in criminal cases. Though the lawyers represent the parties who retain them, they also bear responsibility to the courts in ensuring fairness in adjudications. Qualifications for lawyers include any person falling under any of the following criteria : a person who has completed the required curriculum of the JRTI after passing the National Judicial Examination or a person who is qualified as a judge or a public prosecutor. A person who passes the Recruitment Test for military judicial officer and works more than 10 years as a military judicial officer is also admitted to the bar. 52

53 Notary Publics The duties of notaries public include preparation of notarial deeds on juristic acts or facts concerning any other public right and authentication on deeds signed by a private person or an electronic document. A notary public may prepare a notarial deed stating the intention to accept the compulsory execution attached to a bill or check. Notaries public are appointed by the Minister of Justice from among persons who are qualified as judges, public prosecutors, or lawyers. Each notary public belongs to the district public prosecutors' office. The Minister of Justice may also grant authorization for authentication to any person who meets the following: a law firm, a law firm with limited liability, or judicial association established under the Attorney-at-Law Act. No less than two of the constituent attorney-at-law of the relevant law firm, etc. may be qualified as an attorney-at-law in charge of authentication. Judicial Scriveners Judicial scriveners perform such duties as preparation of documents to present to a court or the public prosecutor's office, preparation of documents necessary for registration or application for registration or deposit. A judicial scrivener is under the supervision of a local Certified Judicial Scriveners Association, the Korean Certified Judicial Scriveners Association and the Chief Judge of the district court under jurisdiction. A person who has passed the Judicial Scrivener Examination is qualified as a certified judicial scrivener. In addition, a person who has served as a public official for not less than 10 years, engaging in court affairs, registration affairs, prosecutory affairs, the Constitutional Court, or Public Prosecutors' Offices, and who is deemed by the Chief Justice to have knowledge in law as well as competence required for performance of the duties of judicial scrivener may be qualified. Enforcement Officers Enforcement officers are independent, extra-judicial officers who are engaged in the execution of judgment rulings and the service of documents under the command of district courts. They are not public officials but under the supervision of the chief judge of a competent district court. However, enforcement officers receive fees not from the court, but from the party concerned. The chief judge of a district court appoints enforcement officers among persons who have served for a certain period of time as public officials of grade VII in the courts, registry offices, public prosecutors' offices, or drug enforcement agencies. The term of office is four years with no consecutive appointment. 53

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55 Duties and Functions of the Courts

56 Civil Case In civil cases, the court deals with civil disputes surrounding the rights of property or legal relations. The Supreme Court has made steady efforts in order to improve the civil proceedings in a more substantial and efficient way. With the New Case Management Model in operation at courts throughout the country since March 2001, and the new Civil Procedure Act in force from July 1, 2002, epochal improvement of civil proceedings has been achieved. Then, the Civil Procedure Act was amended on December 26, 2008 and it makes the proceedings of civil trials focused on a date for pleading and promotes the right to speedy trial of the parties to ensure timely resolution of the civil case. Trial Proceedings Civil proceedings begin when a plaintiff or a representing attorney files a complaint with a district court, a branch court, or a municipal court. When a complaint is filed, a court serves a defendant with a duplicate and requires the defendant to file a written answer within 30 days. If the defendant fails to file a written answer within such time limit, the court may render a judgment without hearings. If the defendant submits a written answer, the court holds hearings (proceedings hereby both parties appear before the court to clarify their respective positions on disputed issues as well as to examine witnesses), and then renders a judgment. If necessary, preparatory procedures for the hearings, such as a written pleading process or a preparatory date for pleading, etc. can be held. Under the previous system, a court moved directly to hearings without a pleading process when a complaint was lodged. Thus, it was usual that a number of hearings were held repeatedly at three or four-week intervals with little or slow progress. However, along with the implementation of the new Civil Procedure Act, it is expected that fully-prepared and centralized hearings will eliminate the inefficiency of the previous system and result in the reduction of hearings, in most cases, to just one or two. Furthermore, hearings are administered in a sincere and efficient manner giving a parties the fullest opportunity to make their oral statements before the court. If necessary, a plaintiff as well as a defendant may hire a lawyer as his/her representative during trial proceedings, including a pleading process and hearings. However, 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 attorneyat-law as a representative. There is a national legal aid system which provides a financial assistance, under certain conditions, to a person who cannot afford to provide an attorney and/or other forms of litigation costs. The Expert Commissioner System (ECS) was established by the amendment of Code of Civil Procedure in July 2007 and introduced into practice in August The ECS was established to enhance the quality of court proceedings and judgments in the areas requiring skilled professional and technical disputes involving construction, medical, intellectual property rights in accordance with the request of the party involved or by a court decision. Expert Commissioners advise a fair and neutral point of view based on their professional knowledge and expertise to the judges and parties involved in legal disputes, therefore leading to substantial and efficient trials. Originating from Patent Courts, the age of the Electronic Case Filing System (ECFS) commenced on April With the ECFS, the concerned parties or respective representatives can submit the petitions or other related documents, be served documents, and can access own litigation records electronically 24 hours a day, 7 days a week without making physical trips to the courts. Since the ECFS will facilitate courts to remedy the infringement of one s right properly by decreasing the duration of a trial period and promoting transparency in trial procedures, the ECFS greatly attributes to the enhancement of the confidence of the public in judicial offices. The ECFS is also available to civil cases since May 2011 and to domestic relations and administrative cases in 2013, and will be available to insolvency, execution of judgments and non-litigation cases in

57 Appeal Proceedings The losing party who is dissatisfied with the findings of facts or a judgment rendered by a trial court can appeal the judgment within two weeks from the date the judgment is served. In general, high courts hear appeals with the exception that the appellate panels of the district courts hear appeals when a single judge sat on the bench to hear a case in a trial court. Appeal proceedings are similar to trial proceedings, and the party is granted an opportunity to make new allegations and to produce new evidence. The party who is dissatisfied with the judgment of the court of appeals may appeal to the Supreme Court, the court of last resort, within two weeks from the date the judgment is served. As the Supreme Court hears only matters of law, an appeal cannot be lodged with the Supreme Court unless the judgment of the court of appeals erred in conclusion of law or appeal proceedings were in grave contravention of law. Trial Proceedings on a Small Claim Case A small claim case is the case in which a plaintiff claims payment of money, fungibles, or securities not exceeding 20 million Korean won (approximately US$19,598 as of August 2014). A district court, a branch court, and a municipal court take charge of small claim suits, which amount to over 70 percent of all civil suits. A trial for a small claim adopts various procedures to expedite the resolution of cases. Here are some examples: When a complaint is filed and there seems no real dispute between a plaintiff and a defendant, a court may render a decision urging the defendant to discharge his/her obligation without asking the reaction of the defendant (a dissatisfied defendant may raise an objection). Some persons in intimate family relations with the parties may represent the parties without court's permission. Evidence may be taken easily. Reasons need not be stated in the judgment. A judgment may be rendered on the same day just after hearings are closed. The grounds for final appeal are strictly limited. Trial proceedings on a small claim, which feature expeditious and convenient processes in resolving disputes, contribute to the protection of the rights of the public. Only about two percent of the judgments rendered by trial courts on small claim cases are appealed. Civil Conciliation Proceedings A civil conciliation is a legal proceeding whereby a judge or a conciliation committee hears allegations of the parties in dispute, and taking various factors into account, and either advises them to make mutual concessions and to seek a compromised solution or renders a compulsory decision to that effect. Civil conciliation proceedings are very useful methods for dispute resolution in that they are more convenient, expeditious and inexpensive than adjudication proceedings, and lead to the ultimate resolution of disputes through an agreement by the parties. The Supreme Court encourages and takes various steps for more frequent use of conciliation proceedings. The number of civil cases resolved in conciliation proceedings has been steadily increasing each year. The Supreme Court of Korea introduced the Standing Conciliation Committee in A standing commissioner is appointed by the Minister of National Court Administration from among licensed attorneys who have more than 15 years of legal experience. The term of office of commissioners is two years. Standing commissioners may conduct affairs necessary to deal with conciliation cases upon entrustment by a conciliation judge and in doing so standing commissioners will have the same authority as a conciliation judge. In order to administratively assist the standing commissioners in performing their duties, Conciliation Centers were established at Seoul High Court and Busan High Court in April In April 2011, the Conciliation Center were additionally established at Daejeon High Court, Daegu High Court, and Gwangju High Court. Civil Execution Procedure A civil execution procedure includes a procedure of compulsory execution as well as a procedure of foreclosure. In the past, the provisions of civil execution formed a part of the Civil Procedure Act. However, with the introduction of the new Civil Procedure Act, the provisions on civil execution have been separated to constitute the Civil Execution Act. The Civil Execution Act contains a vast number of new provisions aimed at improving execution procedure. A procedure of compulsory execution is the procedure whereby a creditor obtains a satisfaction of his/her claim, with national assistance, from the property of a debtor who does not voluntarily perform his/her obligation even though the judgment has been rendered against him/her. Authorities other than a judgment, 57

58 such as a payment order, or a notarial deed can also be a basis for execution. The property of a debtor, which is subject to execution, includes real property, ships, automobiles, construction equipment, aircraft, movable property, and bonds. It is the court that enforces the compulsory execution on most property. However, in case of movable property, a marshal enforces the compulsory execution. The most frequently used compulsory execution is an execution sale of real property whereby the court seizes and sells real property of the debtor by an open tender. The proceeds are distributed among creditors. Foreclosure is a legal proceeding instituted by the lender (the mortgagee) to force a sale of the mortgaged property in order to satisfy the unpaid debt secured by the property. The procedure of foreclosure is similar to that of an execution sale of real property. Statement of Property, Debt Defaulter Roster, and Property Inquiry These methods are devised to secure the effectiveness of compulsory execution as well as to enable a judgment creditor to easily obtain satisfaction of his/her claim. In the event that a debtor does not discharge a pecuniary obligation and it is difficult to ascertain the property of the debtor, the creditor who is entitled to motion for compulsory execution, may request the court to order the debtor to tender a list of property, which clearly specifies property in his/her possession. If the debtor fails to comply with the court's order or tenders a false list of property, he/she is subject to imprisonment, fine or confinement. If the debtor does not discharge his/her obligation within six months after a monetary judgment becomes final and conclusive, fails to comply with the court's order to tender a list of property, or tenders a false list of property, the creditor may request the court to enter him/her in the debt defaulter roster. When the debtor is listed in the debt defaulter roster, such information is provided to financial institutions and the debtor may face difficulty in carrying on future credit transactions. The Civil Execution Act introduces a new method through which inquiries about a debtor's property can be made. If a debtor fails to comply with the court's order to tender a list of property, or tenders a false list of property, a creditor may request the court to make inquiries about the debtor's property. The court, pursuant to the creditor's request, makes inquiries at the institutions, which keep information on the debtor's real property or financial assets in the form of electronic data, and orders them to submit such information. The creditor, then, can make use of information submitted by the institutions and move to the execution stage. Provisional Attachment and Provisional Disposition Procedure If a debtor hides or disposes his/her property before the compulsory execution procedure is commenced, the creditor is obstructed from obtaining satisfaction of the claim. To prevent such attempts and to secure the debtor's property, the court may order provisional attachment or provisional disposition, pursuant to the creditor's request. If it is necessary to preserve the execution of the monetary claim, the court may order the debtor's property to be put under provisional attachment. Provisional disposition may be granted for the purpose of setting the temporary state of affairs in regard to disputed legal relations or preserving the execution in regard to the claim for delivery of specific immovable or movable property. 58

59 Criminal Case In criminal cases, the court determines guilt or innocence of the accused and imposes a sentence when the accused is found guilty. Investigation and Indictment The public prosecutors and police officers take charge of investigation of crimes. As a general rule, a suspect is put under investigation without being arrested or detained. However, under certain circumstances, the investigative authorities can arrest or detain a suspect after they obtain a warrant from a judge. If a suspect is caught in the act of committing a crime or exigent circumstances exist, a warrant may be obtained after arrest. A judge issues a warrant only if a suspect has no fixed dwelling or there are reasonable grounds to believe that a suspect may attempt to escape or to destroy evidence. Criminal proceedings begin with the indictment of a public prosecutor unless otherwise provided by law. The public prosecutor may bring a case before the court by summary proceedings when it is deemed that the offense is punishable by fine. In such a case, the judge usually issues the summary order without holding a trial. If the judge deems it inappropriate to issue the summary order, he/she can refer the case to regular trial proceedings. The accused may also request regular trial proceedings within seven days from the date of the notification of the summary order. Right to Counsel The accused is entitled to receive the assistance of counsel for his/her defense in the course of investigation as well as trial proceedings. Trial proceedings cannot proceed in the absence of defense counsel when the accused is charged with an offense punishable by death penalty, life imprisonment, or imprisonment for a minimum of three years. In such a case, if no defense counsel has been appointed by the accused, the court should assign a defense counsel ex officio. Moreover, the court should also assign a defense counsel ex officio in the following circumstances: where the accused is arrested; where the accused is a minor; where the accused is 70 years of age or over; where the accused is deaf-and-dumb; where the accused is suspected of mental and physical unsoundness; and where there is a request by an indigent defendant. The defense counsel assigned by the court is called assigned counsel by the state or public defender. Hearing A hearing is held at a courtroom on a hearing date and is open to the public. It starts with a presiding judge asking the accused personal identification such as name and date of birth. Then it is followed by a statement by the public prosecutor of the essentials of the accusation, direct questioning of the accused by the public prosecutor, cross-examination of the accused by the defense counsel, examination of evidence, statement of opinion by the public prosecutor, closing argument by defense counsel, and final statement by the accused. After the completion of the aforementioned, the court closes a hearing and renders a judgment. 59

60 A Practical Examination about a Warrant of detention During the investigation stage, only a public prosecutor may apply for a detention warrant to the courts. A police officer must first apply to a public prosecutor before making detention. When a public prosecutor applies for a detention warrant, the court must examine the suspect unless it is impossible to do so due to the suspect having fled. In the case where a suspect is already detained, the court shall examine the suspect within 24 hours unless an extraordinary circumstance exists. Examination of the suspect is presided over by a judge. The suspect and his/her defense counsel are granted the opportunity to fully state the opinion concerning the offense he/she is suspected of and the grounds for detention. Taking into account the result of examination as well as the records submitted by the investigative authorities, the judge decides on whether the grounds for detention exist and whether the circumstances justify the detention. Review of Legality of Arrest and Detention, and Release on Bail A suspect or any of the concerned persons mentioned above may request the competent court to review the legality of arrest or detention before a public prosecutor institutes a criminal action, when a warrant of arrest or detention had been issued against law or when circumstances have substantially changed after the detention. The court, promptly reviewing the legality of arrest or detention, orders the release of the accused where there is a valid ground for the request. The court may permit release of the accused upon request by the accused or ex officio under the condition of payment of bail money, which is otherwise known as release on bail. A written undertaking accompanied by a surety insurance policy may be substituted for bail money. When release on bail is granted, the court usually orders the defendant to remain within the physical boundaries of his/her immediate neighborhood or home. 60

61 Principle of Free Evaluation of Evidence and Confession of the Accused In criminal proceedings, it lies upon a public prosecutor to prove guilt of the accused. The court determines guilt or innocence of the accused on the basis of evidence produced by a public prosecutor and in conformity with the Constitution and law. When a confession by the accused is the only evidence against him/her, he/she cannot be judged guilty. Corroborating evidence in support of a confession is indispensable for conviction. Confession of the accused extracted by torture, violence, threat or after unjustly prolonged detention, or suspected to have been made involuntarily, cannot be admitted as evidence of guilt. The accused has the right to remain silent and may refuse to answer any of the questions. Judgment If guilt has not been proved beyond a reasonable doubt, the court declares the accused not guilty. In such a case, the accused who has been placed under detention is entitled to claim compensation as provided by law. The court finds the accused guilty if the charge against the accused constitutes a crime and evidence is sufficient for conviction. Once the accused is found guilty, the court imposes punishment such as the death penalty, imprisonment with labor, imprisonment without labor, deprivation of qualifications, suspension of qualifications, fine, penal detention, minor fine, and confiscation. Imprisonment with or without labor can be either for life or for a specified term. The specified term is usually from one month to 30 years, but it may be extended to 50 years in light of certain aggravating circumstances. Appeal Proceedings Not only the accused but also a public prosecutor can bring an appeal against the judgment rendered by a trial court within seven days from the date the judgment is rendered. There is little difference between an appeal and trial proceedings. In case an appeal has been lodged by the accused without the prosecutor s appeal, the punishment cannot be severer than the original judgment. Appeals against the judgment of court of appeals may be filed with the Supreme Court within seven days from the date the judgment is rendered. An appeal to the Supreme Court must contain one or more of the grounds specifically prescribed in the Criminal Procedure Act. Summary Trial Proceedings for Minor Offenses A judge of a district court, a branch court, or a municipal court may impose a fine not exceeding 200,000 Korean won (approximately US$ 196 as of August 2014) or penal detention for less than 30 days under summary trial proceedings in misdemeanor cases such as violation of Road Traffic Act, a Punishment of Minor Offenses Act, etc. The chief of the competent police station, not a public prosecutor, is entitled to bring a case before the judge under summary trial proceedings. If a judge deems that a case is inadequate for summary trial proceedings, the judge is to dismiss the case. After the dismissal, the chief of the police station needs to take the case to the District Public Prosecutor's Office without delay. Either the accused or the chief of a police station, if dissatisfied with the judgment, may apply for regular trial proceedings within seven days from the date the judgment is rendered. When a judgment under summary trial proceedings becomes final and conclusive, it has the same effect as a final and conclusive judgment under regular trial proceedings. 61

62 Domestic Relations, Juvenile Offense, Domestic Violence Case brought, attended by a judge in charge of conciliation or the conciliation committee which is chaired by a judge and composed of two or more laypersons, holds conciliation proceedings. In domestic relations cases, the court deals with disputes among family members or relatives. In juvenile offense cases, the judge may make protective disposition such as adjustment of surroundings or correction of conduct against a juvenile under the age of 19 who committed a crime. In domestic violence cases, a judge may make protective disposition such as adjustment of surroundings or correction of conduct against the person who committed violence toward the member of his/her family. Domestic Relations Case Domestic relations issues include judicial divorce, nullity of marriage, affirmation of existence or nonexistence of family relationship, claim for damages caused by divorce, refusal of inheritance, division of property between divorced couple, child custody and support, and division of inherited property. The court resolves domestic relations disputes through judgment, ruling, and conciliation. In general, some family litigation cases such as judicial divorce or claim for damages caused by divorce as well as some family non-litigation cases such as child custody and support or division of inherited property are subject to conciliation proceedings. The court before which a lawsuit is Each year the chief judge of a family court, a branch court or a family branch court selects the members of the conciliation committee from among lawyers, doctors, social workers, psychologists, or others of appropriate knowledge and distinguished reputation. In general, conciliation proceedings require the presence of each party and are closed to the public. Conciliation is effectuated by entering in the protocol the matters agreed on between the parties, and has the same effect as judicial reconciliation. The presiding judge of the court or chairperson of the conciliation committee should direct an investigative officer to investigate factual matters, the result of which can be a basis for trial or conciliation proceedings. Furthermore, in cases such as judicial divorce, nullity of marriage, etc., the court should conduct ex officio fact-finding when it is deemed necessary. The court may order the person concerned not to alter the existing circumstances or not to dispose of evidence, or make other prior dispositions as deemed appropriate. If a person who ought to perform his/her obligation to pay money or to deliver an infant pursuant to the judgment fails to fulfill his/her obligation, the court may order him/her to fulfill such obligation within a specified period. In particular, based on the Amendment of the Civil Act in 2009, where a person liable to pay child support periodically (child support obligor) fails to pay the child support not less than two times without any justifiable reasons, a family court may order an employer of a child support obligor (income tax withholding agent) to directly pay the child support to the child support obligee by deducting the child support regularly from the child support obligor s salary. A family court may order a child support obligor to provide a considerable security to guarantee its implementation or may order to pay the child support in a lump sum. 62

63 Juvenile Offense Case In case a juvenile aged between 10 to 19 years commits a crime or is delinquent, the chief of a police station, a public prosecutor, or the court may forward a case to the juvenile division of a competent family court or a district court. The judge of the juvenile division directs an investigative officer to investigate the crime and the environment of the juvenile, and decides the case based on the report of the investigative officer. The judge may make protective disposition against the juvenile. Under protective disposition, the juvenile may be left to the care of a guardian, be placed under the supervision of a probation officer, or be sent to a juvenile protection institution, a hospital, or a juvenile reformatory. A community service order or an order to attend a lecture may be issued concurrently with such disposition. However, the protection disposition imposed on the juvenile shall not in any event affect the juvenile's future status. Domestic Violence Case In case of violence between the members of same household such as a spouse or lineal relatives, which results in physical or mental injury, or property damage, a public prosecutor or the court may forward a case to a competent family court or a district court. A judge of such court may make a protective disposition, which is aimed at restoring the peace and stability disturbed by the violence as well as improving the constitution of a household. If it is deemed necessary for protection of a victim or proper investigation, a judge may take the following provisional measures: order an offender to leave the dwelling and stay apart from the victim or other family members or order an offender not to enter within a 100 meter radius from the victim's dwelling, etc. In general, a judge directs an investigative officer to investigate a case and decides the case based on the report of the investigative officer. The judge may make one or more protective dispositions against an offender, such as restriction on approach to the victim, a community service order, an order to attend a lecture, probation, and consignment of an offender to an institution for the purpose of preventive custody, rehabilitation, or consultation. From October 2011, Domestic Violence Victim Protective Order system is adopted. Therefore, victims of domestic violence can apply a protective order directly to a relevant family court without having to go through law enforcement agencies. The types of protective orders are as follow: disposition to isolate including disposition to remove a offender from victim s residence; disposition to limit access not less than 100m from victim s workplace and/or residence; disposition to prohibit contact to a victim by using electronic devices; disposition to limit offender s parental right over a victim. When there is an application of Domestic Violence Victim Protective Order, a judge can order ex officio a temporary protective order which has same content on Domestic Violence Victim Protective Order. 63

64 Administrative Case In administrative cases, the court decides on whether feasance or nonfeasance of administrative entities is illegal and resolves disputes surrounding legal relations in public law. Most administrative cases relate to revocation or affirmation of nullity of dispositions or decisions of administrative entities. Dispositions include levy of taxes, suspension or revocation of driver's license, refusal to pay industrial accident compensation insurance money, disciplinary measure against civil servants, suspension or revocation of business license, refusal to accept an application, etc. Decisions include the decision of eminent domain by Central Land Tribunal, review decision by National Labor Relations Commission, the decision of reparation by the Board of Audit and Inspection, etc. An action for affirming status as a civil servant and an action regarding a contract in public law are examples of actions that concern legal relations in public law. Moreover, an action for affirming illegal nonfeasance is allowed if an administrative entity fails to respond to an application by the public. 64

65 Standing and Limitation Period Only a person who holds a direct and concrete legal interest from revocation of the disposition in question may bring an action before the court. If interest to be restored is indirect or abstract, an action is not allowed. In general, an action may be instituted without first resorting to a remedy arranged by an administrative entity. However, in regard to levy of taxes, suspension or revocation of driver's license, etc., exhaustion of administrative remedy is a prerequisite to filing an action with the court. Legal relations in administrative law need to be stabilized promptly since there are far-reaching consequences of these influences. In this regard, actions challenging legality of a disposition must be filed within the period prescribed by the Administrative Litigation Act or other applicable laws. Suspension of Execution in the Administrative Disposition As an institution of an administrative action does not preclude the effect or execution of disposition, a judgment in favor of a plaintiff may turn out to be useless if it takes a long time to obtain such judgment. In this regard, the Administrative Litigation Act empowers the court to provisionally suspend, upon a request from a plaintiff or ex officio, the effect or execution of disposition under certain circumstances. However, suspension of execution is not permitted if it is feared to have a seriously negative effect on the public welfare. Hearing and Judgment In principle, administrative proceedings and civil proceedings have similarities in the way they are held. However, as administrative proceedings are more deeply related to the public interest, there is a greater need for the court to intervene ex officio in administrative proceedings rather than in civil proceedings. In administrative proceedings, the court may examine evidence ex officio or consider the facts not averred by the parties though the parties also bear the responsibility to make allegations and to produce evidence. When disposition is deemed groundless, or excessively harsh and severe with all circumstances taken into account, even if it has any ground, the court is to revoke disposition in favor of the plaintiff. However, even where a demand of the plaintiff is deemed reasonable, if revocation of disposition is deemed remarkably inappropriate to the public welfare, the court may reject the demand of the plaintiff. A losing party, like in other proceedings, may appeal against the judgment rendered by a trial court to high courts and then likewise to the Supreme Court. 65

66 Patent Case In patent cases, the court decides on whether the decision of the Intellectual Property Tribunal (IPT) on the rights of patent, utility model, design, or trademark is illegal and should be revoked. The IPT makes decisions on legality of refusal to accept an application for patent registration, on invalidation of patent registration, and on affirmation of the scope of a patent right. The party who is dissatisfied with the decision of the IPT may file a suit seeking to revoke the decision with the Patent Court within 30 days from the date the decision is served. When a decision on legality of refusal is challenged, the defendant of a suit shall be the Commissioner of the Korean Intellectual Property Office. When a decision on invalidation of patent registration or decision on affirmation of the scope of a patent right is challenged, the defendant of a suit shall be the opposite party in the decision process. On the principle of separation of powers, the Patent Court can only revoke the decision of the IPT and neither permits patent registration of any invention nor invalidate a patent right. Proceedings In Korea, the Patent Court exercises exclusive jurisdiction over patent issues. The Court is situated on high court level and has territorial jurisdiction over the entire nation. Patent cases are heard by a panel of three judges. The pleading process and hearings are held as in civil proceedings. As a patent case is a kind of administrative case, the court may examine evidence ex officio if it is deemed necessary. In addition to lawyers, patent attorneys are also permitted to represent the parties in the proceedings at the Patent Court. When a case relates to patent rights or utility model rights, the court normally holds pre-trial hearings where the parties, or their attorneys, are granted the opportunity to fully state their positions and to produce evidence. The Patent Court has technical examiners to assist judges in highly technical matters. They have degrees in various fields such as chemistry, mechanics, metal engineering, life science, electrical engineering, electronics, etc. They may participate in pre-trial and trial proceedings with the presiding judge's approval. To precisely understand the technical aspects of patent- or utility model-related disputes, the Patent Court may hold explanatory sessions where parties or relevant experts can make presentations using audio-visual equipments such as LCD Projector, Over Head Projector and computer graphics to help understanding. A party who is dissatisfied with the judgment of the Patent Court may appeal to the Supreme Court. 66

67 Debtor Rehabilitation, Bankruptcy Case In case a debtor is unable to pay debts due to financial distress, a debtor or a creditor can file a bankruptcy petition with a relevant district court. Although Korea does not have a bankruptcy court like the U.S., Seoul Central District Court and other district courts nationwide have formed insolvency panels in order to facilitate proper and expeditious disposal of insolvency cases. Insolvency proceedings have taken a new shape after the enactment, on April 1, 2006, of the Debtor Rehabilitation and Bankruptcy Act. Rehabilitation Proceedings for Business Entities The purpose of Rehabilitation proceedings is to seek maintenance and rehabilitation of business entities under the supervision of the court, by adjusting the claims and equities of the entities concerned, such as creditors and equity holders. The court, upon a request from a debtor, a creditor, or an equity holder, renders an order for relief, and appoints a trustee. In principle, a debtor is appointed as a trustee. Debtor-in-Possession System, in which the Court does not appoint any trustee but leave the right of administration and disposal of the estate to the debtor, is allowed under certain circumstances, such as when a debtor is an individual, a medium sized business entity, or a public company with sound corporate governance. A trustee is required to submit, within the period fixed by the court, a reorganization plan which contains a detailed program for administration and disposal of the estate as well as a plan for adjustment of debts. If the plan is accepted by creditors or equity holders, and confirmed by the court, the rights of the creditors or equity holders are altered according to the plan. In the event that a reorganization plan is implemented by the debtor properly, the court shall close the case unless the debtor is likely to fail in carrying out the plan in the future. Liquidation Proceedings The liquidation proceedings are proceedings whereby a courtappointed trustee collects the property of the debtor, converts that property to cash, and distributes the cash to the creditors. The court, upon a request from a creditor or a debtor, declares bankruptcy if the debtor is deemed unable to make payments. When the debtor has no or little property, the distribution proceedings may be omitted. Debtors, who are individuals, can be discharged from remaining debts. The granting of a discharge may not be given if it is deemed that bankruptcy, in whole or in part, was caused by extravagance or fraudulent practices. Rehabilitation Proceedings for Individuals Individuals with debts below a statutory threshold and with likelihood of sufficiently stable and regular income in the future are entitled to reorganization proceedings for individuals, by which debtors may adjust debts and make installment payments to creditors pursuant to a court-confirmed plan. Once the debtor repays a certain amount of debt within a planned period not exceeding 5 years, he/she may be discharged from the remainder of the debt. The debtor should submit a list of the creditors and file a plan for payment. A court-appointed standing trustee will investigate on the estate and income of the debtor, and advise on the plan for payment. After the plan is confirmed by the Court, the debtor should repay the debt according to the plan. After full implementation of the plan, the debtor can be discharged from the remaining debt. 67

68 Non-Litigation Case There are court affairs which do not form a legal proceeding in a strict sense, but in which the court assists and engages in the procedure of creation, alteration, or extinguishment of personal rights. It is called a non-litigation case. The representative instances of non-litigation cases are registrations, family registration, and deposit. Furthermore, such matters as dissolution and liquidation of juristic persons, establishment of trusts, appointment of inspectors and liquidation of corporations are also handled through the non-litigation case procedure. Registrations Registrations include real property registration, commercial registration, ship registration, and registration of juristic persons. Among these, real property registration shows current and prior ownership as well as other right relationships of real property while commercial registration makes known to the public such items as specified by the Commercial Act. Registration affairs are handled by district courts, branch courts, or registration offices. There are 49 registration divisions or sections of district courts or branch courts and 139 independent registration offices around the nation as of February Family Registration Family registration publishes and authenticates identity particulars of each person such as birth, marriage, adoption, recognition and death by entering them in the family registers. Family registration affairs are managed by the head of city, town or village. However, as family registration is administrative business of a judicial nature, the court exercises extensive supervisory power over such affairs. Important issues such as change of name or some corrections of family register are subject to the court's prior permission. And, in case of divorce by agreement, confirmation by the judge of both parties' intention to divorce is required. Deposit Deposit is a system, which grants certain legal effects when money, securities, or other articles are taken custody of by the deposit office in accordance with provisions of law. Deposit affairs are handled by the district courts, branch courts, and municipal courts. The deposit serves various purposes such as performance, surety, civil execution, storage, etc. In particular, the deposit for the purpose of performance is widely used as a way for the obligor to be relieved of his/her obligation by depositing the subject matter of performance for the obligee when the obligee refuses to or is unable to accept performance. 68

69 Constitution-related Case While final authority to decide the constitutionality of laws is on the Constitutional Court, the ordinary courts and the Constitutional Court share some duties. In other words, when the constitutionality of a law is the precondition of a trial and the court deems the law to be in contravention of the constitution, the court in charge of a concrete case shall refer the constitutionality of the law to the Constitutional Court for a review either ex officio or by the request of the party. The Constitutional Court receives the request and makes a decision on the constitutionality of the law. Such laws or articles thereof as decided unconstitutional by the Constitutional Court shall lose their force from the day the decision is given. However, the laws or articles thereof, which contain penalties, shall lose their force retroactively. When the competent court dismisses a trial party s request for adjudication on a law s constitutionality, the litigant can directly refer the case for a constitutional review to the Constitutional Court. The Supreme Court has the power to make a final review of the constitutionality or legality of administrative decrees, regulations or actions. 69

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71 Judicial Information System

72 History The Judiciary took its first step to establish a judicial electronic-system by requesting the Korea Institute of Science and Technology (KIST) to conduct a feasibility study on the computerization of judicial affairs in In 1986, the Supreme Court introduced UNISYS 1100 (main frame) and developed the Civil Case Management Program. In 1988, the division of Electronic Data Processing (EDP) Systems and Information was established and UNISYS 2200 (main frame) was introduced, allowing several courts to run computer program to manage civil and criminal cases. In 1992, under a five-year plan, open system and client/server structure with advanced information technology (IT) replaced existing IT systems. 72

73 In 2007, a system called JUSTICE (Judge s Unified System for Intelligent Case Management) was established to provide overall computer-aided systems for judicial work, such as scheduling trials, managing cases, and writing decisions electronically. In 2008 and 2009, the establishment of E-filing system was established by upgrading the existing court IT system. In 2008, Judicial IT Management Center of the Supreme Court that manages all judicial IT systems was established, and in 2009, E-Courts were set up across the nation as a basis of E-filing system. Also in 2009, preparations for Electronic Case Filing System(ECFS) for Patent Cases commenced and one year later on April 26, 2010, E-filing for patent case proceeded both at the Patent Court and the Supreme Court. E-filing system for civil cases was introduced in May 2011 and majority of cases will be subject to E -filing system by 2015 except for criminal cases. 73

74 Court Network System The computer network of the judiciary was first installed in 1995 in 28 courts which accounted 16.8% of the total 166 courts nationwide. In 2004, double ultra-speed network system was implemented in all courts. Since 2010, in order to support the E-filing system, process for increasing net-work speed has been launched. The judicial network uses LAN and inter-networking. All courts, including district and municipal courts, are interconnected via routers, which make up a huge internal network. In addition, to maximize network efficiency, the Ministry of Security and Public Administration, public prosecutor's offices, banks and other outside facilities are exclusively connected with the court network system. To strengthen the security of the court network system, Intrusion Detection System (IDS) and Anti-Virus system have been installed. For added security while connecting to external networks, Virtual Private Network (VPN) has been in operation. Each year, judicial internal/external network bandwidth is expanded and security is strengthened as the amount of electronic data in circulation between and in and out of the court is expected to increase, in line with the increase of E-filings. 74

75 System for Judicial Affairs Currently, all the judges and court officials in the nation use the computerized system for judicial affairs in order to deal with cases in all areas including family, criminal, and administrative cases as well as civil cases. In 1998, an integrated system called the System for Judicial Affairs was developed, providing an integrated system for registration, allocation, documents, delivery, data preservation, etc. Afterwards, the system was structured by types of cases such as civil, family, administrative, and insolvency, and greatly enhanced its functions through design specification and system improvement in 21 st century. The Supreme Court has pushed forward the establishment of e-court as the next generation of the System for Judicial Affairs. By providing the e-court system, the Korean judiciary aims to bring the judiciary closer to the citizens through a complete construction of electronic system for trial tasks including the electronic filing, case management, oral pleading, etc. as well as through the advanced internal electronic system and establishing links with external system. With regard to criminal cases, the police, prosecutors, and the Ministry of Justice share electronic information on criminal cases via Criminal Judicial Information System. In particular, an electronic summary system has been in operation, under which all proceedings have been processed electronically for some summary proceedings such as DUI or unlicensed driving. 75

76 Electronic Litigation The electronic litigation system is the procedure that enables litigants to file a complaint and proceed with the case electronically. Through the system, the parties can access judicial services more easily and quickly, reducing cost for litigation without visiting the court. Electronic Case Filing System (ECFS) was first implemented in intellectual property rights cases in the Patent Court on April 26, Then, E-filing system was introduced to civil cases in May 2011; for family, administrative, and petition cases in 2013; and for insolvency cases in E-filing service for execution and nonlitigation cases will be available by Hence, ECFS will cover all cases, except for criminal cases. The Supreme Court received Information Security Management System (ISMS) certificate from Korea Internet Security Agency (KISA) for providing high level of safety in circulation of electronic document and protection of personal information in February Currently, approximately 80% of patent cases and 50% of civil cases are filed electronically, and the E-filing rate has gradually increased. Keeping up with the implementation of electronic litigation, E-court was developed and began its first service at the Patent Court in Then, over 200 E-courts were established in high courts, district courts, and municipal courts across the nation. E-court enables simultaneous access to electronic records via the Internet and enables for the parties and judges to share the screen via electronic media such as beam projector or monitors. E-court greatly enhances the transparency and efficiency of the trial procedure. The Supreme Court has endeavored to provide more advanced judicial service to the public. 76

77 Service to Public The Supreme Court Homepage The Supreme Court homepage has seven sections, comprised o f O u t l i n e o f t h e S u p r e m e Court, News, The Judiciary, E-Court, P r o c e e d i n g s, D e c i s i o n s a n d Resources. A separate homepage for children was created to deliver a friendly court image by posting the court's function and the type and procedure of trials with pictures and quizzes. Other courts provide similar homepage services. To enhance the convenience for the public, Search Ruling System service on mobile has commenced on February The homepage is (for English speakers, and approximately 100,000 persons visit the homepage per day. Self-Represented Litigation (Civil Case) Homepage Self-represented Litigation homepage ( scourt.go.kr) is a website which provides a selfrepresented litigant with information necessary for filing a self-represented case without the help of a representative or certified judicial scrivener. The homepage carries detailed information on trial procedures and on ways to respond to the claims of the counterparty. Also, the homepage allows downloading of required document forms and provides guidelines for filling out required documents for a lawsuit. The self-represented litigant can easily compose trial documents in electronic forms through this website and the registered information is reusable by the courts. This system has been applied to six kinds of monetary claim cases (loan, wage, sales payment, lease deposit, contracted payment, transferred payment), which form a majority number of the civil cases involving merit on April 26, The applicable type of claims will include invoice claims for goods, promissory note claims, damage claims, and other claims. Court Auction Information Homepage An individual who wishes to participate in the real property auction of the court may obtain necessary information online through logging on to www. courtauction.go.kr. This system provides the schedule and details of the auction cases via the Internet and photographs concerned and location of the property through reading a map. This is linked with Case Management System, Bailiffs Consolidated System and Internet Register Office System. Comprehensive Legal Information System C o m p r e h e n s i v e Legal Information System (CLIS) is a n i n f o r m a t i o n search system that enables people to search precedents of the Supreme Court and lower courts, legislation of the Republic of Korea, Supreme Court rules, internal rules, and regulations, and legal literature quickly and precisely. People can search up-to-date legal information through its intelligent search engine. Equipped with database based on XML(eXtensible Markup Language) technology, the system shares information with the Ministry of Government Legislation and the National Assembly of the Republic of Korea. Currently, about 80,000 Supreme Court precedents, about 50,000 lower courts decisions, and about 3,000 Constitutional Court rulings are in the system, and all the laws of the Republic of Korea including the Constitution, legislation, treaties, and its implementing ordinances are provided to users for free. CLIS features include: first, Hyper Link is available that connects information on precedents, legislation, and legal literature each other organically; second, it provides up-to-date legal information including recent precedents quickly and precisely, linked to 77

78 internal written judgment management system; and third, the system makes public access to legal information search easier by providing Legal Thesaurus and query auto complete function. Public Reading of Written Judgment A person who wants to read a written judgment can apply for reading the written judgment of the Supreme Court or lower courts, either by visiting a court or through the Supreme Court homepage. The Supreme Court preserves all the written judgments over the country with the support of internal judicial affair system called Written Judgment Management System, and based on the system, the Court enables people to read judgments. For the protection of personal information and the privacy of interested parties, the Court provides the written judgments for the public with personal information eliminated. On the other hand, in accordance with the revision of Criminal Procedure Law and Civil Procedure Law, the written judgment of criminal cases and civil cases is available through the Internet in 2013 and in 2015 respectively. The public can search and read judgments easily via the Internet System without additional application. However, even in this case, judgments will be released after the process of elimination of personal information for the protection of privacy. Also, if the content of a case is inappropriate to open to the public, the Court may not disclose the judgment. Registration System (RS) and Internet Registry Office R e g i s t r a t i o n S y s t e m ( R S ) c o m p u t e r i z e s paper-based registry records and manages registry information electronically. To improve public service and to reduce economic and societal costs, the Supreme Court of Korea promoted computerization of RS. The system is composed of two parts: the Computerized System for Registry Work, to provide clerical assistance to the registry office and Internet Registry Office for the general users. After the establishment of the major development plan in 1990 and the implementation of this plan, the services provided under the Computerized System for Registry Work finally began in The development of the next generation registry system began in 2003 and provided its service based on the current web basis in Also, registration service through the Internet was launched in The website is Information technology for RS allowed efficient work management for the registry officers and enabled the provision of the service of reading and issuing of the registry record, without limitation of the registered regions. RS has been certified with the recognition of achieving Capability Maturity Model Integration (CMMI) Level 4 since 2002 and International Organization for Standardization (ISO) 2000 since Furthermore, on September 2010, RS received CMMI Level 5 certification (an internationally recognized standard certification), and through this, the Korean Judiciary of became the 6 th public agency in the world to have received such certification. This shows that the Korean judiciary has the world s best information technology and will continuously enhance the quality of the public services. 78

79 On-line registry service eliminated the inconvenience for civil petitioners who had to physically go to the court registry, and instead allowed them to access registry records through the Internet at home. Especially after the launch of the on-line application for registry on June 2006, approximately 4,000 cases related to 82 categories of real property registration (including conservation of ownership, creation of mortgage) and all the registry types of legal entity (including its establishment and change of the representative) have been filed on a daily basis. Other than those services, at courts and registry offices across the nation, about 500 automated self-service machines issuing certified or abridged copies of real property registration records have been installed for the convenience of civil petitioners. This enables the public to acquire the necessary documents without the help of court officials. Thus, about 1,300 automated selfservice machines are placed in local government buildings, which allow civil petitioners to acquire the necessary documents without having to visit the registry office. Family Relations Registration System To comply with the social demand for a revised definition of "family relations system," Korean Civil Law was revised accordingly and as a result, Family Relations Registration System replaced the existing patriarchal family system starting on January Prior to the revision of the law, the Family Relations Registration Information System development project launched in April 2006 to prepare for the new family registration system and in 2008, the Family Relations Registration Information Systems went into public service. Family Relations Registration Information System allows complete computerization of the registration procedure, providing efficiency to the staff members of the family relations registration division. Furthermore, the system enables civil petitioners to report their cases, read certificates or be issued with family registration documents at any branch of the family relations registration office, thus eventually saving economic and societal costs. The new system also maximized the protection of individual privacy. It is designed to minimize disclosing of individual information by being able to produce five different types of documents including family relation certificate, standard certificate, and marriage relation certificate according to an individual s needs, while the certified or abridged copies of existing family register unnecessarily reveal individual information as the private information of all the family members are stated in the family register. Currently, the reading and issuance of family relations certificates have been served more than 100,000 times per day. Also, certificates can be issued without the aid of court officers through about 1,000 automated certificate machines in local governments and public offices throughout the country. With the establishment of online family registration system ( efamily.scourt.go.kr) in 2013, the family relations certificates are viewed and issued online. Since July 31, 2014, the judiciary also began online self-registrations for court-approved changing of person s name, making family names for newly immigrated Koreans and family relations registration, and self-revision of family relations, enabling the public to process their family relations registration in a more convenient way. 79

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81 Internationalization of the Judiciary

82 Judicial system world rankings Ranking Hong Kong Hong Kong Luxembourg Luxembourg Luxembourg Luxembourg Luxembourg 2 Luxembourg Luxembourg Iceland Hong Kong Korea, Rep. Korea, Rep. Korea, Rep. 3 Latvia Iceland Hong Kong Iceland Iceland Iceland Iceland 4 Iceland Latvia Norway Norway Norway Norway Norway 5 Singapore Finland Korea, Rep. Korea, Rep. Hong Kong Germany Germany 6 Austria United States France Germany France United States Austria 7 Finland Norway Germany France United States Austria France 8 United States Korea, Rep. Finland United States Germany France Finland 9 Norway Germany United States Austria Austria Finland Hong Kong 10 Korea, Rep. France New Zealand New Zealand New Zealand Hong Kong Russia Source: Doing Business database According to the Doing Business Report published by the World Bank in October, 2013, Korean judicial system was ranked second in the area of Enforcing Contracts. Among Asian countries, Republic of Korea was ranked first since 2012, followed by Hong Kong. Considering the size of the countries, the Korean judicial system can be considered as a world-class level. The criteria that the World Bank uses for evaluation of judicial systems include time and cost to resolve a dispute through the courts, and convenience of the procedures. 82

83 International Judicial Exchange Former Chief Justices were interested in international judicial exchange and had engaged actively in judicial diplomatic activities among the highest rank, mainly by the official exchange visits, which laid the foundation for continuing judicial exchange and cooperation. Current Chief Justice YANG Sung-tae has also engaged in judicial diplomacy. Since his appointment in September 2011, the Chief Justice made official visits to several countries, including the Czech Republic, Hungary, Poland, and Indonesia, and has invited foreign judicial heads and major figures to the Supreme Court. The Supreme Court of Korea, together with the judiciaries of Japan and China, has held regular workshops and symposiums in rotation. Since the 1 st Workshop for Judges of Korea and Japan was held in Seoul in 2005, the Supreme Court of Korea and the Supreme Court of Japan have held Annual Workshop for Judges alternatively since then. In addition, since the 1 st Korea-China Joint Judicial Seminar was held in Seoul in 2008, the seminar has been held by the Supreme Court of Korea and the Supreme People s Court of China alternatively. On the other hand, the Supreme Court has carried out international cooperation projects in order to disseminate our advanced judicial system and the experiences of judicial operation to developing countries. Since 2005, the Supreme Court, together with KOICA(Korea International Cooperation Agency), has hosted a judicial training program for judges and court officials of developing countries in Southeast Asia region and Latin America. The size has gradually been expanded. Since 2008, the Supreme Court, together with KOICA, has implemented the aid project for the improvement of Vietnamese judges training school, including the construction of Vietnam Judicial Training School, and has taken full charge of sending domestic legal professionals to Vietnam and invitation of Vietnamese trainee to Korea. As the construction of the Vietnam Judicial Training School was completed in July 2012, the 1 st aid project was completed. Then, the Supreme Court of Korea has continuously supported the Vietnamese Judiciary, signing MOU on judicial exchange and cooperation with the Supreme People s Court of Vietnam (SPC) and planning the 2 nd aid project from In addition, the Supreme Court successfully held the Conference of Chief Justices of Asia and the Pacific twice in 1999 and The biennial conference is intended to provide the opportunity for an open exchange of views and information on judicial system and judicial advancement among Chief Justices. Especially, the 14 th Conference in 2011 was the largest in scale, given that as many as 32 countries participated in the conference. 83

84 International Judicial Symposium communication between courts and the people, citizens participation in trials, media and the judiciary, etc. In September 2009, Judicial Symposium in Korea was held in Seoul under the theme of International Trends in Business Insolvency Procedure. It was divided into three sections by countries such as the insolvency procedures of Korea; the U.S.; and Europe and Japan. The Symposium was said to be a great success in that it provided in-depth discussion by inviting various internationally renowned insolvency experts from the U.S, Germany, Japan, and UNCITRAL. The Supreme Court held the Judicial Colloquium in Korea 2010 in The size of the colloquium was smaller than the symposium in the previous year due to the overall condition. The theme was International Trends in E-filing System and the Court invited two professional practitioners in E-filing system each from the U.S. and Singapore. On the other hand, the Supreme Court held the 2 nd Judicial Symposium in Korea in October, 2012 with the theme of Communication and Participation. At the symposium, prominent foreign legal professionals such as Harold Hongju Koh, the Legal Advisor of the Department of State; John Z. Lee, a United States District Judge; Jean-Luc Moignard, a judge from a Court of Cassation in France; and Miura Toru, a Presiding judge of Tokyo District Court participated in the in-depth discussion on the In October 2013, the judiciary of Korea and the U.S. Court of Appeals for the Federal Circuit (CAFC) with IP-related state agencies, academia and business circles from both nations jointly held the 2013 Korea- US IP Judicial Conference in Korea and around 1,000 people in legal profession attended the Conference. In addition, in connection with the Conference, the Supreme Court of Korea held the 3 rd Judicial Symposium in Korea under the theme of the Role of Courts for Intellectual property and Technology Innovation with Korean legal professionals overseas in attendance at the invitation of the Supreme Court of Korea. In July 2014, the Supreme Court held the 4 th Judicial Symposium under the theme of International Judicial Cooperation for the Rule of Law and Human Rights. Among the internationally renowned speakers and panelists were Korean jurists abroad, such as Judge Song, Sang-hyun, the President of ICC; Judge Kwon, O-Gon at the ICTY; and Judge Chung, Chang-ho at the ECCC; and those foreign legal professionals, such as Registrar Herman von Hebel at the ICC; Professor David Scheffer, the UN Secretary-General s Special Expert; Professor David Cohen; and UN ambassadors of the ICC State Parties, such as Chile, Nigeria, Liechtenstein and the Philippines. The 2014 Symposium served as an occasion to expand judicial initiative of Korea in Asia, ensuring the development of human rights laws through international courts. The Supreme Court will further international judicial exchanges, by providing international fora for academic discussion such as international judicial symposia and international judicial colloquia on a regular basis. 84

85 International Activities of Judges The Supreme Court has expanded judges international activities in order to cultivate legal professionals with international mindset and to promote international competitiveness of the judges of Korea. Kwon, O-gon, the presiding judge of Daegu High Court, was elected as the judge of the International Criminal Tribunal for the former Yugoslavia (ICTY) in Since September 2008, the Supreme Court has sent a judge to ICTY as a research judge to let the judge be familiar with the international standards in international criminal trials. In addition, the Supreme Court seconded a judge to the Hague Conference on Private International Law (HccH) as a law officer to understand the recent trend in the area of multilateral treaty. Also, Chung, Chang-ho, the Presiding judge of Gwangju District Court, was appointed as a judge in the Extraordinary Chambers in the Courts of Cambodia (ECCC) in August The Supreme Court seconded a judge to the Embassy of the Republic of Korea in the U.S. and a judge to the Embassy of the Republic of Korea in the Republic of Austria as a Legal Counsellor in February 2006 and February 2008 respectively. The secondment of a Legal Counsellor has resumed in The Supreme Court assigned a judge to the Embassy of Korea in the Netherlands in February 2013, and a judge to the Permanent Mission of the Republic of Korea to the United Nations in March

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87 History of the Judiciary

88 88 Gyeongguk Daejeon, one of the early compilations of codes was completed during the Joseon Dynasty to meet the demands for legal reference. Composed of six sections, civil, finance, protocol, defense, and justice, Gyeongguk Daejeon served as basic codes regarding national organization and political, social and economic activities. It later became the backbone of basic law of the Joseon Dynasty.

89 History of the Judiciary Overview The modern judicial system was first introduced in Korea, in Although historically there was a sophisticated judicial system in place, the judiciary and the executive branch were not separated and the executive branch had to perform the role of the judiciary before the introduction of the modern judicial system. Ancient History The judicial tradition of Korea has evolved tremendously, during its five thousand year history. Gojoseon, the first state established in Korea in B.C. 2333, promulgated the Eight Article Law. Of these eight, only three articles are available now. They contained provisions about capital punishment for murder, compensation with grains for personal injury, and the enslavement of thieves. After the fall of Gojoseon, ancient tribal states arose in Korea. At first, judicial authority in these states was vested in the tribal councils. However, with the emergence of the three states of Goguryeo, Baekje, and Silla, judicial power came to be based on formal statutes. With a strong sense of sovereignty and centralized political systems, these three states used statutes as the means of keeping social order. The Goryeo Dynasty succeeded the Unified Silla Kingdom ( A.D.) around the 10 th century A.D. Goryeo's criminal law consisted of seventy-one articles and supplementary laws. However, traditional customary laws governed everyday matters. Local government officials presided over most cases, with the major cases sent to higher offices in the capital. The judicial system developed dramatically after the establishment of the Joseon Dynasty in Four judicial institutions were established and operated by the central government: Uigeumbu, Hyeongjo, Saheonbu, Hanseongbu. Hyeongjo was the equivalent of today's Ministry of justice; Uigeumbu was a special institution that investigated criminal matters upon special order of the King; Saheonbu supervised the government officials; and Hanseongbu was responsible for the security of the capital. The Joseon Dynasty also established a court system. Local magistrates, who had direct contact with the citizens, were in charge of all civil cases and minor criminal cases. The governors of each province had jurisdiction over civil appellate cases and major criminal cases. Those who wanted to contest the judgments of the governors could appeal to Hyeongjo. Also, direct appeals could be made to the King. During the Joseon Dynasty, human life was taken very seriously. Therefore, three reviews were provided, with the last review being made by the King for all capital punishment trials. Another characteristic of the judicial system of the Joseon Dynasty was the compilation of codes, including the Gyeongguk Daejon, compiled in

90 Modern History During the Joseon Dynasty, the judiciary was not separated from the executive branch, creating problems in the judicial system. After Joseon opened its door to Japan and the Western powers, radical reformers instituted the Gabo Reform. This was an epochal event introducing the modern independent judicial system to Korea. On December 12, 1894, King Gojong introduced the 14 Articles of Hongbum, which was the first modern written Constitution of Korea. And the following year, on March 25, 1895 (by the lunar calendar), the Court Organization Act was promulgated. For the first time in its history, Korea adopted a modern independent judicial system, which was characterized by the complete separation of the judiciary from the executive branch. The Hansung Court, the predecessor of today's Seoul District Court, was established in Seoul, on April 15 of the same year. The modernization of Korea was disrupted by the invasion of Japan. Because of Japan's annexation of Korea, Koreans had to focus their efforts on achieving national independence. However, in the perspective of comparative law, Korea adopted the Japanese legal system, which came from the modern European civil law countries. The adoption of Japanese legal system created the necessary momentum for Korea's eventual assimilation of the modern European civil law system. The Korean judicial system has developed rapidly since its independence from Japan. The Constitution of the Republic of Korea was written and effectuated in This Constitution provided for the independence of the judiciary under the principle of the separation of powers. Based on that provision, the Court Organization Act was promulgated on September 26, Thereafter, the Constitution was amended several times in response to Korea's political and social changes and rapid industrialization. In accordance with the constitutional amendments, the Court Organization Act was amended as well. It changed the number of Supreme Court Justices and the methods of appointing judges. However, the basic structure of the organization of the courts remained the same, with no change in the three tier system: the Supreme Court as the highest appellate court; the high courts as the intermediate appellate courts; and the district courts and its branches as the courts of original jurisdiction. Picture Original Constitution of the Republic of Korea 90

91 Present Constitution of the Republic of Korea The present Constitution, amended on October 29, 1987, was the outcome of the continuous struggle of the Korean people, who were determined to establish a democratic government and to build an advanced modern state. Accordingly, it guaranteed maximum autonomy and independence to the judiciary as a strong means to promote a law governing principle and to protect the basic rights of the people. In the early 1990s, with the rapid development of its economy, Korea faced the dual pressures of opening up its economy and globalization. In this context, the Korean Judiciary assumed the new responsibility of providing more efficient and professional judicial services. The consensus for the reform of the judicial system developed not only from the courts but also from other sectors of the nation. The former Chief Justice, YUN Kwan created the Commission for Judicial System Development in the Supreme Court when he was inaugurated in September The Commission submitted its proposals for reform to the Chief Justice. These proposals were adopted by the National Assembly in July The year 1995 marked the 100 th anniversary of the establishment of the modern judicial system in Korea. On April 25 of 1995, the Supreme Court held an historic ceremony to commemorate the centennial of the system and to hope for the continued improvements of the judiciary branch. The Supreme Court also published The History of the Courts in Korea as a model for the future. With timely and impartial trials, the courts of Korea will continue to fulfill its constitutional mission to serve the Korean people and to protect their basic human rights. for the people and with the people. Also, the court reorganized judicial facilities such as increase in courtrooms and improvement of working environment extensively and also pursued the improvement of legal service, including establishment of public service center and introduction of one-stop civil complaint system. These innovations were quite successful. The citizens participation system that allows people to participate in a criminal trial directly as a juror has been implemented since January 1, Also, the Electronic Case Filing System(ECFS) of the Supreme Court was launched in April 2010, starting with patent cases and expanded to civil cases in May, The electronic filing service will be available for all cases in phases except criminal cases. After taking office as Chief Justice in September 2011, Chief Justice YANG Sung-tae set various judicial policy missions such as implementation of reasonable judicial system for the people, the settlement of lifetime judge system and improvement of judicial personnel system, transparent and open court communicating with people, the court for resolving social conflicts and contributing to integrity, and the judiciary in the world. The judiciary has constantly endeavored to make a more reasonable trial system and to better communicate with people. Entering the 21 st century, the Supreme Court established The Court Advancement Plan of the 21 st Century to better serve the people with advanced administration of justice. As part of such endeavor, The New Civil Case Management Model was introduced in Also, for criminal proceedings, the Supreme Court has improved the statutes, institutions and practices in order to substantially guarantee the defendant s right to defense through strict compliance to the principle of the presumption of innocence until proven guilty. LEE Yong-hoon, the former Chief Justice appointed in September 2005, endeavored to improve the trial system and court operation in order to establish court-centered trial with the emphasis on oral argument and trial-priority principle, under the slogan of Court 91

92 The Transition of Judges' Robes The first regulations on judges' robes were established in 1906, but presumably they were not very actively enforced. The next regulation came during the Japanese colonial era, in 1920, requiring all law practitioners to wear a black robe decorated with paulownia tree pattern and a hat with cloud embossing. The color of the embossed paulownia tree varied by the legal profession: violet represented judges, celadon blue represented prosecutors, and white represented lawyers. After Korea's independence, law practitioners discarded the robes of the colonial period. With no further directions, judges sat on the bench in western suits or durumagi, a Korean traditional topcoat. It was not until 1953 when new regulations on law practitioners' robe were established. One characteristic of the robe was that it was decorated with a Mugunghwa (The Korean national flower: the rose of Sharon) pattern on the chest area. The color of the robe and the hat was black. The hat was also decorated with Mugunghwa, containing a taegeuk symbol in it. Different colors of Mugunghwa represented the three legal professions: white for judges, orange for prosecutors, and violet for lawyers. To revive the judicial tradition and to gain international competitiveness, a new design was introduced in March The robe, in line with tradition, maintained its black color. On both sides of the robe's front flap, a black violet sash, embossed with symbols of the court, was attached. The sleeves and knot decorations of the robe were designed in an elegant Korean traditional style. Grey ties woven with symbols of the judiciary were worn together with the new robe. The style of the robe is the same for both genders. However, female judges were required to wear white blouses with black velvet ribbon string ties. In 1986, as the tie requirement was dropped for the men judges, the black velvet ribbon requirement was also discarded. The new robe introduced in March 1998 included a light silver-gray ascot tie over a white blouse for women judges. The robe introduced in 1953 raised concerns that it was cumbersome and needed to be simplified. In accordance, a new robe was designed in April The new robe was designed in a gown style in black, but without the Mugunghwa decoration. The hat was no longer required. With the new robe, a black tie with white stripes slanted to the right became a requirement. The tie requirement was lifted in 1986, but returned in 1992 with a blackviolet tie. 92

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