Application for Pre-Trial Disposition Procedure

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1. 1Confirming the main case
2. 2Submitting the application
3. 3Hearing
4. 4Decision
5. 5Securing compliance
6. 6Application to change or cancel
7. 7End of main case and loss of effect

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

Time from application to decision varies by case (depending on urgency and whether a hearing is held); check the progress with the court division handling the main case

Cost

Stamp fee KRW 1,000 and service fee (check the service fee amount with the court where you file); no rule on providing security

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   A pre-trial disposition can be applied for only when a main case (the original trial, not a temporary measure), such as a divorce mediation or lawsuit or an adjudication on child support or property division, has been filed with the family court (Family Litigation Act §62(1)). This is because it is a measure made to resolve the main case. If you have not yet filed the main case, file the application for mediation and the application for pre-trial disposition together on the same day.

2. 2

   In the application, write what you are asking for (a monthly amount of temporary child support, designation of a temporary custodial parent, the dates and method of visitation, a ban on disposing of specific property). Attach records of living and child-rearing expenses, income records for both sides, information on the child's situation and materials showing interference with visitation, and submit it to the court division handling the main case. These materials are the basis for showing the urgency and the amount needed. A stamp fee of KRW 1,000 and a service fee apply (check the service fee amount with the court where you file), and Family Litigation Act §62 has no rule on providing security.

3. 3

   The court sends the application to the other party and either holds a hearing to listen to both sides or reviews the case in writing. The test is how urgent the situation is and what harm would arise from waiting for the result of the main case. That is why it is important to attach thorough materials showing the urgency. The time it takes to reach a decision varies by case, depending on urgency and whether a hearing is held.

4. 4

   The court decides on a pre-trial disposition, such as payment of temporary child support, designation of a temporary custodial parent, the method of visitation or a ban on disposing of property, and notifies both sides. A party who finds it hard to accept may file an immediate appeal (Family Litigation Act §62(4)). Record the date you receive the decision, and check the immediate appeal period with the court division as soon as you receive it.

   Current step
5. 5

   A pre-trial disposition has no enforceability. So if the other party fails to comply without a good reason, ask the court division handling the main case to impose a fine. The court can impose a fine of up to KRW 10,000,000 (§67(1)). Keep a dated record of each failure to comply so you can use it when applying for the fine.

6. 6

   If the child's situation or either side's income changes, you can apply to change or cancel the pre-trial disposition. The other party can make the same application, so it is best to keep records of the changed circumstances. Only with records can you show that a change is needed.

7. 7

   A pre-trial disposition is a temporary measure to resolve the main case and has no enforceability (Family Litigation Act §62(1)(5)). To keep the temporary child support or visitation going, you must be sure to claim the same thing in the main case so that it is included in the judgment, mediation record or written adjudication. This is because enforcement such as a direct payment order, which lets you receive child support straight from the salary, requires an enforceable title such as a judgment or mediation record (Family Litigation Act §63-2(1)).

Frequently asked questions

Practical questions that come up right away in this procedure.

QCan I apply even before filing a divorce lawsuit?

No. A pre-trial disposition can be applied for only while a divorce mediation (an agreement procedure held at the court) or lawsuit, or an adjudication on child support or property division, is pending in court.If it is urgent, file the application for mediation and the application for pre-trial disposition together on the same day. To freeze the other party's property before a lawsuit, use the provisional attachment or provisional injunction (measures to freeze property in advance) procedures.

QHow much are the costs and the deposit?

You attach a stamp of KRW 1,000 to the application and pay the service fee (check the service fee amount with the court where you file). The legal provision on pre-trial dispositions has no rule on providing a deposit (security).The application is submitted to the court division handling the main case, and it can also be filed through e-litigation.

QHow long does it take to get a decision?

It varies by case, so check the progress with the court division handling the main case. Attach thorough materials to the application showing your living and child-rearing expenses and the urgency of your situation.

QA temporary child support decision was made, but what if the other party does not pay?

Ask the court division handling the main case to impose a fine. The court can impose a fine of up to KRW 10,000,000.However, a pre-trial disposition itself has no enforceability, so you cannot have the money taken directly from the other party's salary. That is why getting a judgment or mediation record in the main case quickly is the fundamental solution. Then you can move on to a direct payment order (an order to have the money deducted straight from the salary).

QHow long does the decision stay in effect?

A pre-trial disposition is a temporary measure made, while the main case (divorce mediation or lawsuit, or adjudication) is pending, in order to resolve that case. Check the written decision for how long it stays in effect, and ask the court division if you have questions.If you want to keep receiving it after the trial ends, you must claim the same thing in the main case and have it included in the judgment or mediation record.

QCan I do it on my own without a lawyer?

It depends. You can apply yourself, and for temporary child support, you apply with records of living and child-rearing expenses.However, in matters the other party strongly disputes, such as designating a temporary custodial parent or visitation (seeing the child), there will be a contest at the hearing. In such cases you must show the urgency of your situation persuasively, so it is safer to get a lawyer's help.