By Kuk Cho
This informative booklet offers an outline of the legislations and judicial associations bearing on litigation in Korea, in addition to a variety of vital court docket judgements. all through Korea's democratization method, litigation has performed a very important position as an device to resolve lots of the not easy civic and social conflicts - which in flip have ramifications within the nation's political, constitutional, societal and cultural domain names. The specialist participants discover civil strategy, legal technique, constitutional adjudication, administrative litigation, and patent litigation within the Republic of Korea. because the first e-book within the English language to supply a finished photograph of litigation in Korea, this booklet will attract students and post-graduate scholars in Asian stories, in addition to legal professionals facing Korea-related circumstances.
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2. Why do we pursue ‘oral proceedings’ in our legal system? Hyun Seok Kim I. INTRODUCTION 1. Background to Raising the Issue of ‘Oral Proceedings’ For the past year and a half, the Korean judiciary has been at the center of debate on whether to implement oral proceedings regularly into our judicial system. What caused oral proceedings to become one of the most controversial issues in the Korean judiciary? The judiciary should be accountable to the public. However, due to rapid social changes in Korea, including growth of the public’s aspirations for their rights, it is unlikely that the public would be satisfied with the services provided by the judiciary.
Oral Proceedings as a Principle in Civil Procedure As a counterpart of the principle of written proceedings, the principle of oral proceedings2 refers to a ‘speech-centered’ legal process. In a ‘speech-centered’ 1 Park, Byungdae, ‘The theory and present situation of civil procedure structure reform’, The 21st thesis and prospect (in Korean), at 603. 2 Kang, Hyunjoong, Civil Procedure (in Korean), at 427 (5th ed. 2002); Oh, Seeyoung, Civil Procedure (in Korean), at 393 (2004). 31 32 Litigation in Korea legal process, parties should communicate with judges through speech when parties offer their arguments, testimonies, and evidence from discoveries for hearings.
Therefore, these documents, such as written contracts or agreements, are usually considered the most powerful evidentiary sources. Submitting documentary evidence and examining it are conducted during the pre-trial stage, whereas examination of witnesses is conducted during the trial stage. B. Examination of witnesses Witness testimony is a very common and significant form of proof. It becomes particularly decisive when there is little relevant documentary evidence. This happens quite often in Korea since a lot of small transactions, especially between individuals, take place orally without producing any documents.