Civil Case Procedures

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Drafting and filing the complaint
2. 2Review of the complaint
3. 3Service of the copy of the complaint
4. 4Submission of an answer
5. 5Preparatory proceedings
6. 6Hearings
7. 7Closing of pleadings and pronouncement of judgment
8. 8Appeal / final appeal

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

Time required

The time until the 1st instance ends differs from case to case, so check the progress with the panel handling the case

Cost

Stamp fee (calculated based on the amount in controversy), service fee, and actual costs such as appraisal fees

Procedure guide

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

1. 1

   First, draft a complaint. In the complaint, write the purport of the claim (what you are asking for) and the cause of the claim (why you have the right to it). Pay the stamp and service fees and file it with the court with jurisdiction (the court for the defendant's address or the place of performance). For a claim whose extinctive prescription (the period during which a right can be exercised) is about to expire, prescription is interrupted the moment you file the complaint, so the timing of filing matters.

   Current step
2. 2

   After the presiding judge reviews formal requirements such as stamps and mandatory entries, a copy of the complaint is sent to the defendant. The defendant must submit an answer within 30 days from the day of receiving the complaint (Civil Procedure Act §256, §257). If no answer is submitted, the court may treat the plaintiff's claims as admitted and render judgment without holding a hearing.

3. 3

   When an answer comes in, the parties go through preparatory proceedings, exchanging preparatory briefs to organize the issues and evidence (Civil Procedure Act §279–§282). Organizing the issues in advance makes it clear what is being disputed at the hearings. At this stage, the court may refer the case to mediation (a settlement procedure in court) if needed (Civil Conciliation Act §6).

4. 4

   Hearings are held in open court. On these days, both sides present their arguments, and evidence is examined through witness examination, expert appraisal, document production, and so on (Civil Procedure Act §258). Hearings may be held several times. The time until the 1st instance ends differs from case to case, so check the progress with the panel handling the case.

5. 5

   When the examination is over, the court closes the pleadings and pronounces judgment within 2 weeks (at the latest within 4 weeks) (Civil Procedure Act §207). The written judgment is sent to the parties by mail. If the judgment includes a declaration of provisional execution (a declaration that execution is allowed even before finality), compulsory execution is possible even before finality.

6. 6

   If you cannot accept the judgment, appeal within 2 weeks from the day of receiving the written judgment (Civil Procedure Act §396). Then you must submit a statement of grounds for appeal within 40 days from the day of receiving the notice of receipt of the litigation record (extendable once by 1 month). If you do not, the appeal is dismissed (appeals filed on or after 2025.3.1, Civil Procedure Act §402-2, §402-3).

7. 7

   If you cannot accept the appellate judgment, file a final appeal within 2 weeks, and submit the statement of grounds for final appeal within 20 days (Civil Procedure Act §425, §427). Once the judgment is final, you can use it for compulsory execution against the other party's assets. If there is a risk that the other party will hide assets during the trial, first apply for provisional attachment or a provisional injunction (measures that freeze assets in advance).

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhich court do I file the complaint with? Can I file online from home?

The rule is to file with the court for the defendant's (the other party's) address. A case asking for money can also be filed with the court for the plaintiff's (the person to be paid) address. You can also file online.If you register as a user on the Supreme Court's e-litigation website, you can do everything from home, from filing the complaint to receiving and viewing documents. For a complaint filed electronically, you pay only 9/10 of the stamp fee (court fee).

QHow much does a lawsuit cost?

The money you pay to the court is the stamp fee and the service fee (postage for documents). If the amount claimed is less than KRW 10 million, the stamp fee is 0.5%.If it is KRW 10 million or more but less than KRW 100 million, it is 0.45% + KRW 5,000 (e.g., KRW 230,000 for a claim of KRW 50 million). The service fee is paid in advance for 15 rounds per party.If you win, you can claim litigation costs from the other party. However, lawyer's fees are reimbursed only within the limit set by law.

QI received a complaint. What happens if I cannot submit an answer within 30 days?

The court treats the plaintiff's claims as fully admitted and may issue a judgment for the plaintiff without a hearing (judgment without pleadings). The 30 days are counted from the day you actually received the copy of the complaint.If a detailed rebuttal is difficult, submit at least a simple answer stating that you 'dispute the claim' within the deadline, and supplement it later with a preparatory brief.

QCan I sue on my own without a lawyer?

Yes, you can. You can conduct a civil lawsuit yourself. In principle, a person who is not a lawyer cannot act as a representative.As an exception, in a single-judge case with an amount in controversy (the amount claimed) of KRW 100 million or less, a spouse or a relative within the 4th degree, etc., may represent you with the court's permission. However, it is hard to proceed alone when the amount claimed is large, when the other party has hired a lawyer, or when the case requires witness examination or expert appraisal.

QDo I have to attend the hearing dates? What happens if I don't?

In principle, you must attend. If both sides fail to appear twice and neither applies for a new hearing date within 1 month, the lawsuit is deemed withdrawn. If only one side fails to appear, the trial proceeds by treating that person's submitted briefs as having been stated.If attending is difficult, it is safer to apply for a change of the hearing date in advance. If the court permits, you may also apply for a video trial (a trial you join by video).

QWhat should I do when I receive the judgment?

First, record the date you received it. Both the date of finality and the appeal deadline are calculated from this date.The winning side can obtain a certificate of execution (a certification permitting execution) and start compulsory execution once the judgment becomes final after 2 weeks. If the judgment includes a declaration of provisional execution (permission to execute before finality), execution is possible even before finality.The losing side must file a notice of appeal with the 1st-instance court within 2 weeks from the date of receiving the judgment. Once this deadline passes, it cannot be undone.