SOUTH KOREA Law and Practice Contributed by: Byung Chang Lee, DR & AJU LLC
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties Application for Document Production Korean courts still do not recognise the discovery system widely used in the US legal system, and the Korean Bar Association is currently research - ing the adoption of such a discovery system. Typically, application for document production is used in the Korean legal system. A party who wants to obtain documents from a third party files an application for document production with the court and, pursuant to Article 345 of the Civil Procedure Act, the party should clarify the reason for document production. Then, the court decides whether to issue an order based on the application requesting document production. However, unlike with the adversely affected party, a third party is not required to submit requested documents and there is no sanction for not disclosing requested documents. This procedure is only available during the main law - suit, and is generally not permitted before the commencement of proceedings unless there is a necessity for preserving important evidence. Recently, in cases filed abroad, when relevant evidence exists in Korea, there are instances where domestic courts are requested to co- operate in the investigation of evidence in accordance with the Hague Evidence Conven - tion. Request for Information In order to prove specific facts during litigation, the method of request for information to a third party is also widely used in Korea. A party who wants to use it should file a request for informa - tion form with the court, specifying the reason for filing the request. Similar to a document pro - duction request, a request for information to a third party issued by the court does not have
a mandatory effect on the third party; there - fore, even if the third party does not reply to the request, there is no specified sanction. 2.4 Procedural Orders Cases Where an Ex Parte Hearing is Permitted An ex parte hearing is only possible in some provisional measures in Korea. For example, a preliminary attachment order can be issued without a hearing based on the application and supporting evidence submitted by the creditor, and then the order will be served on the debtor and any related third party. Additionally, some preliminary injunction orders to preserve pre - sent conditions can be issued without a hearing procedure. Typically, the court requests that the claimant deposit cash or a payment guarantee policy in order to compensate for the plausible damages of the intended defendant. The debtor may file an objection with the court against the preliminary attachment order or pre - liminary injunction order made without a hearing, and can apply for re-examination by a hearing procedure. For a preliminary injunction that determines a temporary status, a hearing date is generally designated because it has a huge impact on the person concerned. 2.5 Criminal Redress Based on the Criminal Victim Protection Act, victims of fraud can seek redress against the perpetrator through a criminal mediation pro - cedure. However, most victims of fraud file a separate tort claim against the perpetrator dur - ing or concurrently with the criminal procedure. Also, criminal prosecution investigation does not delay the progression of a parallel civil claim.
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