Types of civil lawsuit procedure
In a narrow sense, the civil lawsuit is a procedure to solve a dispute between parties based on the court judgment. However, when a court awards damages to a party, and if the other party does not perform these duties, the government can force him/her to perform them, which is called compulsory execution procedure. In addition, the civil lawsuit includes demand procedure, provisional attachment and injunction procedure, public summons procedure, bankruptcy procedure, and employment and labor related procedure, etc.
Real estate: Real estate contract, housing rental, order to register housing lease rights, and commercial space lease, etc.
Reconstruction/redevelopment: Establishment of plan and zone designation, implementation of redevelopment project, establishment of reconstruction association, permission for the project, selling and problems after construction
Compensation for damages: Default payment, illegal act, product liability and securities related class action suit, etc.
Traffic accidents: Criminal matters, administrative responsibility, traffic accidents and civil responsibility, traffic accidents and compensation for damages, traffic accidents and medical malpractice
Civil lawsuit procedure
01. Preparation of a bill of complaint
Prepare a bill of complaint including the required information
02. Pay the stamp fee and delivery fee
After paying the stamp fee and delivery fee, attach the stamp on the bill of complaint
File the bill of complaint to the competent court
04.Submission of revision document
If the court orders revision, prepare and submit a revised document
After receiving a duplicate of the bill of complaint, the defendant needs to submit a response within 30 days.
06. Preparatory document (Written arguments)
Refute the other party’s claim by presenting evidences favorable to oneself
07. Pleading date (Organize important issues)
Both parties (Or their representatives) check the issues of the case and refute each other’s claims before the judge
08. Examination of evidence
Parties involved and their witnesses are interrogated intensively
09. Recommendation of mediation and reconciliation
(At the discretion of the judge) Can be skipped
10. Rendition of judgment
In general, a judgment is rendered 2-3 weeks after both parties plead their case for a civil lawsuit and for a small claims case, sometimes the judgment is rendered right after both parties complete their pleading.
11. Delivery of judgment
The judgment is declared and a written judgment is delivered about 10 days after the date of judgment rendering.
12. Final judgment
Even though one wins in the first trial, if the other party appeals the judgment, it is not rendered final, which means the lawsuit is not ended. Even before the final judgment, if provisional execution is attached to the judgment, compulsory execution can be started. Still, the final judgment decides the final outcome of the lawsuit.