[Korean Law Insights] The Video Trial System of Korean Courts
- K-Law Consulting_Administration
- Mar 16, 2023
- 3 min read
Updated: Mar 17
[Published on March 15, 2023 edition of the "Korean Law Insights" column in the Korea Daily’s Economic Expert Section]
For Koreans residing in the U.S., filing a lawsuit in a Korean court is not an easy task for various reasons.
First, they are often unfamiliar with Korean law and court procedures. Finding a lawyer to handle the case can also be challenging. Since filing a lawsuit in Korea requires submitting a complaint and other legal documents to the court, one might assume that hiring a lawyer based in Korea is essential. Moreover, if the party is required to appear in a Korean court, they would have to purchase an expensive plane ticket and take at least two to three days off from work just to attend a court hearing that may last only a few hours. This makes the process highly inconvenient.
First, let's examine whether it is necessary to personally submit complaints or legal documents to the Korean court. Starting with patent cases in 2010, Korea gradually expanded its electronic litigation system to civil cases in 2011, family and administrative cases in 2013, rehabilitation and bankruptcy cases in 2014, and civil enforcement and non-contentious cases in 2015. As a result, electronic litigation has been fully implemented for all cases except criminal cases.
Therefore, the current system allows for the submission of complaints, access to case records, and the filing of various legal documents—all through the electronic litigation website. This enables the entire case process, from filing to management, to be handled online. However, for criminal cases, complaints and legal documents must still be submitted in person, and, in principle, individuals are required to appear before investigative authorities for questioning.
Next, let's examine whether the parties or their attorneys must physically appear in court. This is often a major concern and challenge for Koreans residing in the U.S. However, many are unaware that Korea has a video trial system, which is now widely utilized.
The history of Korea’s video trial system is longer than one might expect. When it was first introduced in 1995, it was designed to assist residents of remote island regions, such as Ulleungdo, who had difficulty appearing in court.
Afterward, due to budget constraints and a lack of publicity, the system was either discontinued or used only minimally. However, during the COVID-19 pandemic in 2020, the system was reorganized and expanded to protect citizens' right to a fair trial, with improvements in infrastructure and broader implementation.
In fact, even before the pandemic, there was a case in 2018 where a Korean residing in the U.S. testified via video trial at the LA Consulate General. Additionally, during the pandemic, a plaintiff residing in California and their attorney in Busan participated in a video trial remotely.
To participate in a video trial in a Korean court, a prior application must be submitted to the court. However, even without an application, the court may decide to conduct a video trial with the parties’ consent if the judge deems it necessary.
Not all parties are required to participate in the trial via video. As seen in previous cases, some parties and attorneys may appear via video while others attend in person.
Under current law, video trials may be permitted when a party faces difficulties appearing in court due to transportation issues or other circumstances. In practice, the court considers factors such as the party’s place of residence and health condition in making this decision.
According to a recent symposium held by the Korean Supreme Court, many judges are supportive of video trials, and there are plans to expand their use further in the future.
It is hoped that the video trial system will be widely promoted and actively utilized so that Koreans residing in the U.S. can handle legal proceedings in Korea without having to interrupt their livelihoods or purchase expensive plane tickets to travel there.
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Jin Hee Lee/K-Law Consulting Korean Attorney
[Reference link in original Korean]
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