Supreme Court Considers Introducing ‘Discovery Process’ | Be Korea-savvy

Supreme Court Considers Introducing ‘Discovery Process’

This undated file photo shows the Supreme Court in Seoul. (Yonhap)

This undated file photo shows the Supreme Court in Seoul. (Yonhap)

SEOUL, Dec. 10 (Korea Bizwire)The top court has launched a study on whether or not to introduce a process of discovery, a practice common in Anglo-American countries that enables both parties in a court dispute to inspect each other’s evidence in advance before court proceedings begin.

The Supreme Court announced on Wednesday that the Chief Justice Kim Myeong-su hosted the judicial administration advisory meeting and resolved on the agenda concerning the introduction of the discovery process.

Under the discovery process, the court orders one party to submit the documents that are relevant to the case before court proceedings begin, upon request by the other party.

If one party refuses to submit such documents, it’s regarded as an admission of the other party’s claim. Accordingly, the discovery process has the effect of forcing the submission of documents.

Proponents of the discovery process claim that particularly for individuals who file suits against hospitals and large companies with a high barrier against data acquisition, the discovery process would make it easier for them to collect evidence and prove the facts, adding that the discovery process would also work in favor of the protection of patent rights.

In contrast, opponents point out that the discovery system would only be beneficial for foreign companies competing with local companies.

The members of the judicial administration advisory council shared the view that it’s needed to have in-depth discussion about whether or not to introduce the discovery process as part of efforts to settle court disputes early during the first and second trials before the case is sent to the Supreme Court.

J. S. Shin (

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>