I. Legal basis

Code of Civil Procedure 2015.

For cases where there is no law to apply, the Court will apply customs, legal similarities, basic principles of civil law, case law, and fairness to resolve.

II. The application of custom

The Courts shall apply custom to resolve civil cases when the involved parties do not reach agreements on and the law does not provide for such cases. The custom must not be contrary to basic rules of civil legislation. When petitioning Courts to resolve civil cases, involved parties may adduce customs to request the Courts to apply. If involved parties adduce different customs, the ones accepted at the places where the civil cases occur shall prevail.

III. The application of legal similarities

The Courts shall apply law provisions applicable to the same matters to resolve civil cases when the involved parties do not reach agreements on and the law does not provide for such cases. When applying law provisions applicable to the same matter, the Court shall determine clearly the legal nature of the civil cases, determine clearly that in current legal system there are no legal provisions that cover such relationships and determine legal provisions cover similar civil relationships.

IV. The application of basic rules of civil law provisions, precedents and the justice

The Courts shall apply basic rules of civil law provisions, precedents and the justice to settle civil cases when the application of law provisions applicable to the same matters is not available.

Basic rules of civil law provisions include:

• Every person shall be equal in civil relations, may not use any reason for unequal treatment to others, and enjoy the same protection policies of law regarding moral rights and economic rights.
• Each person establishes, exercises/fulfills and terminates his/her civil rights and obligations on the basis of freely and voluntarily entering into commitments and/or agreements. Each commitment or agreement that does not violate regulations of law and is not contrary to social ethics shall be bound by contracting parties and must be respected by other entities.
• Each person must establish, exercise/fulfill, or terminate his/her civil rights and/or obligations in the principle of goodwill and honesty.
• The establishment, exercise and termination of civil rights and/or obligations may not infringe national interests, public interests, lawful rights and interests of other persons.
• Each person shall be liable for his/her failure to fulfill or the incorrect fulfillment of any such civil obligations.

Precedents shall be studied and applied in the resolution of civil cases after being selected by the Council of Judges of the Supreme People’s Court and announced by the Chief Justice of the Supreme People’s Court.

Justice shall be determined on the basis of the reasons admitted by everyone, conformable with the principle of being humanitarian, unbiased and equal in rights and obligations of involved parties in such civil cases.

About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

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To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

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