The Judiciary in South Korea
Living in a foreign country can be at times daunting. Cultural differences and the language barrier can turn a simple trip to the bank into a long ordeal. Of course, there are difficult and nerve-wracking circumstances that arise every once in a while, no matter where a person lives. And some such circumstances that have been in the spotlight are experiences of foreign residents with the Korean legal system.
Overview of the Korean Court System
There are three levels of court in Korea: District Court, High Court and Supreme Court. The District Court is the first level and has a specialized sub-court for Family Law. The High Court is an intermediate appellate court, hearing appeals from the District Court. The Supreme Court is the highest court in Korea.
The District Court hears both civil and criminal cases, although low-level civil cases are often tried in local municipal courts, similar to an American small claims court. The main courts in Korea do not hear cases regarding the constitutionality of certain laws and the impeachment of governmental officials. These and similar issues are handled by a separate Constitutional Court.
Civil Court
Michael Simning and Tim Whitman, long-time Gwangju residents, recently found themselves in civil proceedings regarding their leasing of restaurant space. Simning and Whitman are the proprietors of The First Alleyway. During their interview with Gwangju News, the most commonly expressed emotion by Simning and Whitman towards the proceedings was irritation. The other claimant had not returned their deposit money after the lease was finished, forcing them to pursue the matter in civil court.
In a Korean civil court, both parties submit all evidence before the hearing. It is important that paperwork is filed correctly the first time to speed up the proceedings.
Civil Court in Korea can be fast-paced and impersonal. As all evidence is submitted beforehand, little deliberation is necessary. The judge will ask a few basic questions before rendering a ruling. Simning and Whitman told GN that the hearing was quick and relatively painless. The judge asked some quick questions before turning to the other claimant and chastising him for being ill-prepared and clearly in the wrong.
Criminal Court
Criminal Court proceedings are different than Civil Court proceedings. Criminal proceedings can be extremely nerve-wracking, whether you are the victim, the defendant or a witness. One major difference in the Korean Court system when compared to most Western systems is that the accused does not have the right to confront their accuser. Most criminal cases in Korea are not jury cases but bar cases, meaning a judge decides the verdict. A prosecutor, a defense lawyer and a court stenographer are present in the courtroom. As a victim or a witness who does not speak Korean, a translator is also provided.
Having had experience with the criminal court in Gwangju, I can personally testify that it is much less intimidating than I imagined and all of the court employees were extremely professional. Everyone I encountered was extremely courteous and understanding of the fact that my Korean was very limited. At the end of the trial, I felt confident in my testimony and confident in the fact that I had been listened to fairly.
Blood Money
One defining trait of the Korean legal system is the idea of blood money (hapuigeum, 합의금) or restitution. It is most often used in criminal proceedings to try to keep the case from going to trial. If the victim accepts the money, the perpetrator is usually exempt from other punishment. This exchange is often brokered by the police and is perfectly legal. It is seen as a way to settle cases outside of court, rather like a plea bargain.
Tips for Court Proceedings
1. Hire a lawyer
Most foreigners who end up in court do not know or understand another country’s legal system. It is easy to be taken advantage of by opposing counsel. Even if you do not desire a lawyer for the actual proceedings, it is much easier to hire a lawyer to fill out and file paperwork on your behalf.
The Gwangju International Center can help locate multi-lingual lawyers. An online resource of theirs is: www.gwangjuguide.or.kr/2010/08/qa-on-working-in-gwangju/.
2. Know your rights
If you find yourself involved in either a criminal or a civil case, it is important to get the proper information and support, no matter the context. There are numerous migrant/immigrant support centers around Gwangju which provide translators and basic legal information. They can also help you find a lawyer that suits your needs and assist with police procedures and medical assistance. And finally they can help with police procedure and medical assistance. More information is available at: www.gwangjuguide.or.kr/2011/01/multicultural-and-migrant-centers/.
The Jeolla Safety Alliance, which was created to help victims of violent crime in the Jeolla area, is also a good resource. They can help with legal representation and medical assistance. Their website is: http://jeollasafetyalliance.com.
3. Be Respectful
South Korea has a culture and language that is heavily based on an age/seniority hierarchy. This aspect is very evident in the Courts. A very high level of polite language is used in the courts. Even if you cannot speak Korean, it is important to be polite and respectful toward the judge, lawyers and other aides. This includes proper conduct within the court room and professional dress.
4. Do not miss your court date.
Missing or being late to court gives a negative impression of you to the members of the court. In civil court, if you miss your court date, it is entirely possible that the judge will rule in favor of the opposing party. If you miss your court date in criminal court, it is often difficult to reschedule and will push the entire proceedings back weeks, if not months.