SOUTH KOREA Law and Practice Contributed by: Jin Yeong Chung, Inhak Lee and Seung Hyeon Lee, Kim & Chang
the appeal will be immediately dismissed by the Supreme Court without further hearing the case. 10.4 Issues Considered by the Appeal Court at an Appeal An appeal to the appellate court can be made on both points of law and fact. The appellate court conducts the proceedings de novo and both parties may present new arguments and submit new evidence. However, the appellate court can only hear the case to the extent that it is appealed by either of the parties. An appeal to the Supreme Court is limited to legal matters only. Thus, in principle, the facts of the case will not be re-examined by the Supreme Court. Exceptionally, facts relevant in determin- ing legal issues may be revisited by the Supreme Court to the extent necessary. 10.5 Court-Imposed Conditions on Granting an Appeal There are no statutory provisions that empower a Korean court to impose any particular condi- tions on granting an appeal. 10.6 Powers of the Appellate Court After an Appeal Hearing The appellate court may uphold or overturn the lower court’s judgment at its own discretion. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation In Korea, the court will order the allocation of litigation costs in the judgment. In principle, such costs are borne by the losing party. In a case where a party has only partially succeeded, the court may allocate the costs at its discretion between both parties. In practice, these costs
are often apportioned to each party in proportion to the success achieved by each party, but the court is not required to do so. Court costs generally consist of stamp taxes (filing fees), service of process fees, and other out-of-pocket expenses (per diem fees for wit- nesses, photocopies, etc) and attorneys’ fees. It should be noted that the entire amount of the actual legal fees incurred by the parties is not recognised as a litigation cost, but only a fixed amount calculated according to a formula speci- fied in the court regulations. This amount is typi- cally nominal compared to the actual incurred legal costs. 11.2 Factors Considered When Awarding Costs In a case where a party has only partially suc- ceeded, the court may allocate the costs at its discretion between both parties. In practice, these costs are often apportioned to each party in proportion to the success achieved by each party, but the court is not required to allocate costs in such manner and may choose to allo- cate as it deems appropriate. 11.3 Interest Awarded on Costs The Korean court does not award interest on the litigation costs. 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country The statistics in Korea show a remarkable increase in the use of alternative dispute res- olution (ADR) as a method for resolving dis- putes, including mediation and arbitration. The increased use of arbitration in Korea is based on several factors, including an increase in Korean
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