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Korea (RoK) : legal resources: Cases

Subjects: Law - Foreign Law

Judicial decisions

The judgments of courts are not a primary source of law in South Korea.

판례공보, ‘Pallye Kongbo’ publishes the decisions of the RoK Supreme Court.

 

Korean court structure

Chapter 5 of the Constitution lays down major aspects of the court system such as in ensuring judicial independence:
Constitution, Articles 103 "Judges shall rule independently according to their conscience and in conformity with the Constitution and statute" & 106 (1)  No judge shall be removed from office except by impeachment or a sentence of imprisonment without prison labor or heavier punishment, nor shall he be suspended from office, have his salary reduced or suffer any other unfavorable treatment except by disciplinary action.
(Chapter 6 deals specifically with the Constitutional Court)

 

  General law courts Specialist courts IP cases
Constitutional Court      
  Supreme Court Supreme Court Supreme Court
  High Courts High Court Patent Court
  District Courts Family Court, Administrative Court  KIPO Tribunal, IPTAB*

                                                                       *Intellectual Property Trial and Appeal Board (IPTAB)

Case citations

This information a section from the online guide of the Supreme Court of Korea

In the Case Number of "2000Da88", the number "2000" indicates the year in which the appeal was made (or in case of "Gadan" or Gahap" the lawsuit was filed, "Da" refers to the procedural classification, and "88" is a serial number of each case. For example: "Da" refers to an appellate case to the Supreme Court in the civil procedure; "Na", an appellate case to the Court of Second Instance in the civil procedure; "Gadan", a case to the Single Judge Division of the Court of First Instance in the civil procedure; "Gahap", a case to the 3 Judge Panel Division of the Court of First Instance in the civil procedure; "Do", "No", "Godan", "Gohap", respectively in the criminal procedure.

Hungong 3, 255 = Constitutional Court Reports, volume 3 page 255
Gong 2002 Sang, 461 = Supreme Court Reports,  year 2002,  volume Ⅰ ("Ha" means Volume Ⅱ), page 461 .  

Civil Procedure in RoK

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