INTRODUCTION
In the aftermath of the Korean War that literally devastated the whole nation a half century ago, the Republic of Korea miraculously grew up from one of the poorest nations into the 13th economy in GDP as of 2007.
Along with an estabÂlished industrial economy, Korea has also changed dramatically during the last few decades in the political environment, broadening and deepening its democracy. These political and economic infrastructures laid a solid cornerÂstone for the rule of law. Drawing on the experiences of other nations and creatively adapting these lessons in its own context, the Korean legal system has also been developing into a firm and sound one. Consequently, the Korean judiciary is gradually increasing its scope of influence in response to the enhanced demand of the people calling for a more reasonable and fair society.With regard to dispute resolution, the rule of law seems to play an even more significant role. In the past, based on the Confucian heritage,[1] a great number of disputes were settled by de facto, informal mediators like elder members of the community or family without making their way to the court.[2] Yet, with western cultures and thoughts gradually gaining ground in Korean society and a modern legal system standing firm as a central mechanism of dispute resolution, more and more disputes are resolved by law, instead of informal reconciliation. Individuals are showing more willingness to bring their civil disputes to the court. This, in turn results in a tremendous increase in caseload.[3] Accordingly, the body of law governing civil dispute resolution is becoming even more significant. Arguably, the Korean Civil Procedure Act is the most fundamental and essential field of law in the realm of dispute resoÂlution.
However, it is quite shocking to realize the rarity of the relevant legal literatures in English that offer a general explanation on how Korean civil procedure functions.[4] Therefore, it is pertinent that Korean civil procedure be introduced and analyzed in the language people outside the nation can understand. As one might predict at this point, this chapter intends to be an initial point of reference for foreigners embarking on study or research of Korean civil procedure law, by providing a general overview.
Therefore, this chapter will rather focus on giving readers a general picture of civil litiÂgation based on Korean civil procedure, rather than delving into specific and sophisticated legal issues. Besides outlining the general proceedings of litigation and clarifying their theoretical basis, this chapter also provides some observations as to the practical aspects of civil procedure in order to give readers some sense of how litigations in Korea are performed in pracÂtice.With this in mind, this chapter is structured as follows. Part II describes the basic features of the Korean Civil Procedure Act, including its history, guiding principles, and structure. Part III explains the critical concepts and relevant issues regarding the initial stage of litigation, such as a complaint, parties, jurisdictions and legal costs. Parts IV and V deal with pre-trial and trial proceedings. Important issues concerning pleading and evidence will be elabÂorated on. Part VI outlines the final stage of litigation as well as other issues to be followed afterwards. It illustrates how judgments are rendered, what effects they take, and how one can challenge them. Part VII deals with issues of settlement, enforcement and the recognition of a foreign judgment. Finally, Part VIII concludes the chapter with a summary, and adds a short prediction on how Korean civil procedure will in the near future serve the ideals it declares.
II.