South Korea

Abstract

II.b. Briefly describe the highest court (or courts) of your country and indicate its (or their) function within your legal system. The Supreme Court (Daebupwon) is the highest court in South Korea. Courts in Korea consist of three tiers of courts: the district courts, including the family court and the administrative court; high courts; and the Supreme Court. The Supreme Court is composed of the Chief Justice and 13 Justices. The Supreme Court hears appeals from judgments or rulings rendered by the High Courts, the Patent Court, the appellate panels of the District Courts or the Family Court in civil, criminal, administrative, patent, and domestic relations cases. Also, the Supreme Court hears exceptional appeals from the judgments rendered by the courts of the first instance under special circumstances. In addition, the Supreme Court has the power to make a definitive review on the constitutionality or legality of orders, rules, regulations, and actions taken by administrative entities. The jurisdiction of the Supreme Court is exercised at the Grand Bench or Petty Benches. The Grand Bench consists of more than two-thirds of the Justices with the Chief Justice presiding. A Petty Bench is composed of four Justices. The Petty Benches rule most of the cases appealed to the Supreme Court. © Simona Grossi 2015.