Civil Procedure in South Korea

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in South Korea. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules.

The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Korea will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

The Author

List of Abbreviations

Foreword

Preface

General Introduction

Part I. Judicial Organization

Chapter 1. The Courts and Their Members

Chapter 2. The Legal Profession

Chapter 3. Enforcement Officers

Part II. Jurisdiction

Chapter 1. Domestic Jurisdiction

Chapter 2. International Jurisdiction

Part III. Lawsuits and Claims

Chapter 1. Lawsuits

Chapter 2. Claims and Defenses

Chapter 3. Sanctions on Procedural Irregularities

Part IV. Proceedings

Chapter 1. Proceedings in First Instance

Chapter 2. Review Proceedings

Part V. Incidents

Chapter 1. Interruption and Suspension of the Proceedings

Chapter 2. Termination of an Action

Part VI. Legal Aid and Legal Costs

Chapter 1. Legal Aid

Chapter 2. Litigation Costs

Part VII. Evidence

Chapter 1. Facts and Burden of Proof

Chapter 2. Admissibility of Evidence

Chapter 3. Administration of Evidence

Part VIII. Particular Proceedings

Chapter 1. Procedure for Small Claims Court

Chapter 2. Summary Proceedings for a Payment Order

Part IX. Preservative Measures and Enforcement of Judgment

Chapter 1. Preservative Measures

Chapter 2. Enforcement of Judgment

Part X. Arbitration

Chapter 1. Arbitration Agreement

Chapter 2. Composition of Arbitral Tribunals

Chapter 3. The Arbitral Proceedings

Chapter 4. Filing Suit to Vacate an Arbitral Award

Chapter 5. Recognition and Enforcement of Arbitral Awards

Part XI. Mediation

Chapter 1. Introduction

Chapter 2. Mediation Proceedings

Bibliography

Table of Cases

Index