General Procedures and Time Required for Civil Litigation in Korea

 

If you are a foreigner — whether living in Korea or residing abroad — and want to understand how civil lawsuits proceed under Korean law, this guide is for you. It outlines the typical procedural steps, required documents, and an approximate timeline you can expect when you file a civil suit in Korea. ⚖️

Overview: What Is Civil Litigation in Korea?

Civil litigation in Korea refers to non-criminal lawsuits between private parties — for instance, disputes over contracts, loans, property, damages, etc. Proceedings follow the rules laid out in the Civil Procedure Act. 

Note for foreigners: All court proceedings and documents are conducted in Korean. If you file or respond to a case, pleadings and other documents must be in Korean (or accompanied by a Korean translation). You may request an interpreter, but the cost is generally borne by the party requesting it.

Step-by-Step Procedure of a Civil Lawsuit

Here is a typical flow of civil litigation in Korea, from start to judgment:

1. Filing the Complaint (“소장 제출”)

• The plaintiff drafts and submits a complaint to the court. The complaint must include the parties’ identification (names, addresses), the “claim request” (what exactly the plaintiff seeks), and the “grounds for the claim” (facts and legal basis), along with supporting documents/evidence such as contracts, invoices, communications, etc. 
• If the complaint is in order, the court reviews it. If there are formal defects (e.g. missing information), the court may issue a correction order (보정명령). The plaintiff must then correct and resubmit. 
• If accepted, the court arranges to serve the complaint on the defendant. 

2. Service of Process and Defendant’s Response (“답변서 제출”)

• Once served, the defendant typically has 30 days to file a written response — either an answer (admitting or denying) or objection. 
• If the defendant fails to respond within the period or admits the claim, the court may grant a default judgment in favor of the plaintiff. 

3. Preparatory and Main Hearings (“변론기일 지정 및 변론기일”) / Evidence Submission

If the defendant contests the claim, the court schedules hearings ("변론기일"). Civil trials in Korea are less theatrical than in some other jurisdictions — judges rely heavily on written pleadings and documentary evidence, rather than long oral arguments. 

Typical actions in this stage:

• Parties exchange written arguments, submit additional documents (preparatory pleadings), evidence, expert reports if needed, etc. 
• Court may order evidence inspection, witness testimony, expert evaluation, or other procedural steps depending on the dispute. 
• Hearings are often periodic — many courts schedule hearings every 2–3 weeks, though the court may adjust frequency depending on case complexity. 

4. Closure of Proceedings and Judgment (“변론종결 → 판결 선고”)

• Once all evidence and arguments are submitted, the court declares closure of arguments — no new evidence or submissions are allowed after that. 
• The court then schedules a judgment date. The judgment typically consists of a short oral announcement of the decision (especially in simple cases), with a full written judgment delivered later. 
• After the judgment, if the losing party does not comply voluntarily, the winning party can request enforcement (seizure, garnishment, lien registration, etc.). 

5. Appeals (If Any) — 2nd Instance, 3rd Instance (“항소 / 상고”)

Parties dissatisfied with the first-instance judgment may appeal. The appeal process and deadlines are strictly regulated:

• An appeal to the higher court (2nd instance) must generally be filed within two weeks from receipt of the judgment. 
• If appealing to the highest court (3rd instance, e.g. for constitutional / statutory issues), the timeframe and formalities depend on the nature of the case and the grounds for appeal. 

Note: Because of appeals, the entire litigation process — from first filing to final enforcement — may take substantially longer. 

Typical Time Required: What to Expect

The time the entire process takes depends heavily on the complexity of the case, how cooperative the parties are, the court’s schedule, and whether evidence or expert evaluation is needed. Here are common benchmarks under Korean civil litigation. ⏳

• For relatively simple, uncontested or straightforward cases: First-instance judgment often comes in about 6 months after filing. 
• In many typical civil cases, first-instance proceedings take around 6 months to 1 year. 
• If the case is more complex (multiple parties, lots of evidence, expert reports, witness testimony) or hearings are delayed, it can take longer. 
• When appeals (2nd instance / 3rd instance) are involved, the total duration of litigation — from filing to final judgment — may extend to 2 to 3 years (or more, depending on complexity and backlog). 

Many legal practitioners therefore state that the “average” civil case in Korea concludes in about a year, but this is just a rough guideline — actual duration varies considerably. 

Statute of Limitations — How Long You Have to File

It is important to keep in mind that the right to file a civil claim expires after a certain period — the “statute of limitations” (시효). Under general rules:

• For most general civil claims: 10 years.
• For certain commercial or business-related claims: sometimes a shorter period (for example, 5 years under certain circumstances). 
• For some short-term claims (e.g. certain payments, rent, wage, goods)—the limitation period may be shorter (often 1–3 years), depending on the nature of the claim.

**Important**: If you delay too long, the court may refuse to consider your claim. For foreigners — especially those living abroad — it is wise to act promptly if you intend to file a civil lawsuit in Korea. 💡

What This Means for Foreigners (Living Abroad or in Korea)

If you are a foreigner **living outside Korea** but with a dispute involving a Korean party (contract, debt, property, etc.), you can file a civil lawsuit in a Korean court (provided jurisdiction is appropriate). However, you must arrange for:

• Korean-language pleadings (or certified translation),
• Service of process in compliance with Korean rules (which may be more time-consuming for international service),
• Potentially longer delays — foreign-related cases sometimes take more time than domestic-only disputes. 

If you are a foreigner **living in Korea** (expat, worker, student, business owner, etc.), the typical civil litigation timeline described above likely applies. Still, procedural delays may occur due to language, documentation, evidence, or court backlog. 

Tips to Reduce Delay & Improve Chances of Smooth Litigation ✅

• Prepare and submit your complaint carefully and clearly, with full documentation of claims, evidence, and legal basis. This helps avoid delays caused by court-ordered corrections. 
• Submit evidence early. Since Korean courts rely heavily on written evidence, well-organized documentation often matters more than oral arguments. 
• If both parties are open to it, consider settlement or mediation early to save time and cost — many civil disputes can be resolved without a full trial. (While this guide focuses on litigation, settlement remains an important option.)
• If you are a foreigner, ensure all documents are translated (if needed), and consider hiring a lawyer experienced with foreign-involved cases — this helps avoid procedural hiccups and misunderstandings. 
• Stay responsive: respond to notices, submit required pleadings on time (e.g. defendant’s answer within 30 days, appeal within 2 weeks), to avoid defaults or dismissals. 

Summary Table: Typical Civil Litigation Timeline in Korea

Stage	Typical Timeframe (from complaint)
Complaint filed → Defendant served & answers	~ 1–2 months (includes court review + 30-day answer period)
First hearing (if case contested)	Often within 2–3 months from filing, but can vary
Main hearings & evidence submission	Several hearings over weeks or months (every 2–3 weeks typical)
Judgment (1st instance)	6 months – 1 year for typical cases; simpler cases may be faster
Appeal (if filed) + higher-court proceedings	Total litigation: 1.5 – 3 years (or more, depending on complexity)

Conclusion: What to Keep in Mind

Civil litigation in Korea involves multiple stages — from filing a complaint, serving the defendant, through hearings, to final judgment — and can take anywhere from several months to several years depending on complexity, evidence, and whether appeals are involved. It is quite document-driven, with hearings generally brief, so strong and well-prepared written submissions are often more important than dramatic oral arguments. 🔍

For foreigners, extra attention is needed regarding language, translation, documentation, and service of process. But with proper preparation and legal assistance, exercising or protecting your rights through Korean courts is entirely feasible. 💡

If you are considering filing a civil lawsuit — or are involved in a dispute in Korea — consider seeking professional legal advice. Early consultation may help you understand your chances, risks, and strategize for efficient resolution.

💬 Conclusion Thank you for reading this guide. I hope it helps you understand the general procedures and likely timeframes involved in civil litigation in Korea. If you are facing such matters, seeking professional advice can give you peace of mind and better protect your rights. Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized guidance, please consult with a qualified attorney or legal professional.