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Litigation in South Korea Court system in Korea is similar to the one in North America and many other countries across Europe and Asia. In Korea, there are three main levels of courts: District Court, High Court, and Supreme Court. District and High courts are divided into geographical areas, while there is only one Supreme Court. Courts are created and organized to assist members of society with resolving civil, criminal, administrative, electoral, and other litigious cases through application of general jurisdiction.
In addition to the three main types of courts, Military Courts are also established under the Constitution to aid exercise justice over litigious cases occurring in the military. In such cases, however, the Supreme Court holds the ultimate power to making a final decision on the case. This research paper intends to analyze different types of courts present in South Korea and discuss patent infringement in depth in order to illustrate the operations and legal activities South Korea courts participate in. DISTRICT COURTS Jurisdiction Courts District Courts hold the power to exercising both criminal and civil jurisdiction, and are mostly located in provincial capitals. Starting 1962, criminal and civil cases were assigned a separate district court, but it all changed on March 1, 1995, when the two courts merged into one. Aside from dealing with criminal and civil litigation's, district court also has the power over liquidating or reorganizing business corporations, registering real and corporate property, and settling bankruptcy matters.
Usually, a single judge presides in a District Court during a hearing; however, there are several cases where a collegiate division of three judges must preside during a hearing. Such cases include: 1. a collegiate divisions decision to deliver judgment separately 2. civil cases in which the amount in argument exceeds 50, 000, 000 Won (claims against cheques or bills are an exception). 3. criminal offences punishable by death, life imprisonment, or imprisonment for over 1 year (exceptions are made to provisions of the Criminal Code or the Special Act Concerning the Punishment for Assault and Battery). 4.
supplementary cases, which, by law, should be tries simultaneously with cases mentioned above. 5. cases regarding a party challenging a District Court judge 6. cases in which original jurisdiction is granted to the collegiate division In addition to the cases mentioned above, a collegiate division of three judges is also able to exercise jurisdiction over appeals filled against a decision of a single judge in a District Court, a branch court, or a municipal court. Branch and Municipal Courts As of July 1, 200, there are 43 ranch courts and 103 municipal courts in South Korea.
Judges presiding in municipal courts are appointed by the Chief Justice, and are chosen from a panel of judges of a District court of a branch court. Duties of a municipal judge include settling small civil claims, in which the amount being disputed against does not exceed 20, 000, 00, 0 Won. A municipal judge also rules on summary charges such as misdemeanour, and has the power to either assign detention for not more than thirty days or fine the offender for not more than 200, 000 Won. Conciliation Procedure In a case where civil matters are involved, a judge may order settling the dispute in a conciliation procedure before a conciliation committee.
Afterwards, if a case is not successfully settled in a conciliation procedure, the judge has the power to render a ruling that seems reasonable. If, in any case, the parties are not satisfied with the ruling, they are entitled to file an objection against the ruling, after which, the case will be transferred onto a trial proceeding. FAMILY COURTS Family Court is a type of court that deals specifically with family matters and juvenile criminal misdemeanour. There is currently only one Family Court in South Korea, which is located in Seoul.
In all other cities of South Korea, District Courts serve the purpose of a Family Court in addition to its assigned duties. Family Court holds the power over all the conflicts and disputes occurring in a family, which most often relate to legal and money matters. ADMINISTRATIVE COURTS Another type of specialized court in South Korea is Administrative Court. It was founded on March 1, 1998, and serves the purpose of exercising power over administrative cases.
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Research essay sample on District Court South Korea
