Understanding Civil Litigation in Daily Life
Civil litigation terms such as ‘각하’, ‘취하’, ‘기각’, ‘항소’, and ‘상고’ are commonly heard in news and newspapers, yet many of us are not familiar with their meanings. Let’s delve into the most closely related civil litigation to everyday life.
Resolving Conflicts in Civil Litigation
In primitive times, individuals had to resolve conflicts through their own strength when disputes arose due to conflicting interests. However, in civilized societies, the resolution of disputes through force is prohibited. Therefore, state institutions such as courts intervene to mediate and resolve disputes, a process known as civil litigation.
Focusing on Monetary Issues
Let’s approach the concept of civil litigation by addressing a common issue in daily life – monetary disputes. For instance, if someone owes me money and fails to repay, it may lead to a lawsuit. Let’s consider a scenario where ‘갑돌이’ owes me money and does not repay.
Filing a Lawsuit
The first step in initiating a lawsuit is to file a complaint with the court. The complaint includes details such as the parties involved, the claims, the reasons for the claims, and the evidence to be submitted. The court then reviews the complaint to ensure all necessary information is provided.
Responding to the Complaint
Upon receiving the complaint, the defendant, ‘피고’, is obligated to submit a response within 30 days. Failure to do so may result in a default judgment in favor of the plaintiff. The response may include a denial of the claims or a counterclaim.
Judiciary Review of Lawsuit Requirements
The court then evaluates whether the lawsuit fulfills the necessary requirements for a trial. This includes determining if the court has jurisdiction, the parties have legal capacity, and the claims are valid. If the lawsuit fails to meet these requirements, it may be dismissed.
Conducting the Trial
If all requirements are met, the court proceeds with the trial, where both parties present their arguments, evidence is reviewed, and the judge makes a decision based on the evidence and testimonies presented.
Issuing the Judgment
The judgment may include an order for the defendant to repay the plaintiff or a dismissal of the claims. If dissatisfied with the judgment, the losing party may file an appeal to a higher court for a review of the case.
Ensuring Fairness in the Legal Process
In exceptional cases where serious matters are overlooked during the trial, a request for a retrial may be made to maintain the fairness of the legal process.
In conclusion, understanding the fundamental aspects of civil litigation can be beneficial in daily life and provide insight into news and newspaper content.