The first settlers on the Korean peninsula arrived 700,000 years ago. Korea’s early history included periods of dynastic rivalries. Under the leadership of the Joseon Dynasty in the late 14th century, the Korean Hangeul alphabet was created. This alphabet, considered one of the most scientific writing systems in the world, is based on the shapes made when humans vocalize sounds. In the 17th century, invasion by the Qing dynasty resulted in a prolonged period of Chinese influence. In 1897, China left the peninsula and the country became known as the Korean Empire.
Japan colonized Korea from 1910 – 1945 and pillaged the country. Under a process of “Japanization,” the use of the Korean language was prohibited, and, during the war, Japan conscripted many Koreans into its army. During this period, the Korean economy began to move from being predominantly agriculture-based to one with significant industry and manufacturing. Korea was liberated from Japanese rule when Japan surrendered in August 1945. Troops from the United States and Soviet Union were deployed to the 38th parallel to disarm remaining Japanese soldiers: the U.S. in the south and the USSR in the north. Separate nations emerged, the Republic of Korea and the communist Democratic People’s Republic of Korea. The Korean War began in 1950.
An armistice formally ended fighting in July 1953. An authoritarian government took hold in South Korea, followed by a military coup and a second authoritarian regime whose leader was assassinated in 1979. Despite the political turmoil, widescale economic modernization was successfully implemented throughout the country. In 1987, a democratic government was established and a new constitution enacted that affirmed the independence of the judiciary. In less than fifty years, the Republic of Korea transformed from an impoverished, war-torn society to the fourteenth largest economy in the world.
Legal System
The Republic of Korea (“South Korea”) is a unitary constitutional democracy with a civil law system. Although court decisions do not have binding effect, lower courts look to them for guidance. In addition to the constitution, sources of law include statutes, governmental decrees, agency rules and regulations, local laws, and international agreements. Under the constitution, binding treaties and international law are accorded the same effect as domestic law. The Civil Act also recognizes “customary law,” which Korea’s Supreme Court defined as persistent customary practices that have been approved and implemented by society.
The Courts
There are seven types of courts in Korea: the Supreme Court, high courts, including a Intellectual Property Court, district courts, family courts, an administrative court, and bankruptcy courts. They are organized in a three-tier system, with a separate Constitutional Court.
Tier One:
The first tier of the court system includes district courts, family courts, an administrative court, and bankruptcy courts.
District courts are courts of first instance for non-specialized civil and criminal matters. There are eighteen district courts located in major cities. Cases involving larger sums of money or more serious criminal offenses are heard by a panel of three judges; all other cases are heard by a single judge.
There are eight family courts throughout the country that hear cases involving domestic relations and juvenile protection. Areas of the country with higher caseloads may have branch district and family courts in other cities. Korea has three bankruptcy courts, located in Seoul, Busan, and Suwon, that oversee the liquidation or rehabilitation of debtors. In 2026, additional bankruptcy courts will be established in Daegu, Daejeon, and Kwangju. There is one administrative court located in the capital city of Seoul that handles cases involving administrative entities as well as tax, eminent domain, and labor disputes. If there is no family, bankruptcy, or administrative court in the region, these cases can be filed in a district court.
Trial level cases are usually heard by a single judge but certain types of cases are heard by a panel of three judges. Cases decided by a single judge are reviewed by the appellate division of district courts; the high courts review district court judgments rendered by a three-judge panel.
Tier Two:
The second tier of courts consists of the high courts and the Intellectual Property Court.
High courts hear appeals from any judgment issued by a three-judge panel of a tier one court (district, family, administrative, bankruptcy). Sitting in panels of three judges, they review questions of fact and law. There is a high court in six major cities: Seoul, Daejeon, Daegu, Busan, Gwangju, and Suwon. To facilitate broader access to justice, hearings are held outside the high courts in seven cities.
The Intellectual Property High Court, previously called the Patent Court, sits in Daejeon. Panels of three judges review appeals from the Korean Intellectual Property Office related to patent invalidation and patent infringement judgments issued by a three-judge panel of the district court.
Tier Three:
The Supreme Court, located in Seoul, serves as the court of final appeal for all cases, except for certain constitutional disputes handled by the Constitutional Court. Most cases have a right of appeal to the Supreme Court, resulting in a high caseload.
There are fourteen Supreme Court justices, including the Chief Justice. Cases are heard in panels of four and unanimity is required. If there is no consensus among the panel judges (and in certain other designated cases), the case is heard by a full bench of at least two-thirds of all justices, with the Chief Justice presiding. The Minister of National Court Administration is a Supreme Court Justice who oversees the nation’s court administration needs under the direction of the Chief Justice and does not hear cases.
Judicial Selection and Tenure
The President of Korea appoints the Chief Justice of the Supreme Court, with the consent of the National Assembly. All other justices are nominated by the President upon the recommendation of the Chief Justice and the consent of the National Assembly. Candidates for the Court must be at least 45 years old and have at least 20 years’ experience as a judge, a prosecutor, attorney, a law professor, or in the legal affairs bureau of a governmental body. Justices are appointed to renewable six-year terms, except the Chief Justice who is limited to a single term. The mandatory retirement age for justices is seventy.
The Chief Justice of the Supreme Court, with the consent of the Supreme Court Justices’ Council, is responsible for overseeing the appointment of lower court judges. After reforms were implemented in 2021, judicial candidates must have a law school degree, pass an exam, and complete a two-year curriculum at the Judicial Research and Training Institute. Although there is no minimum age requirement to be a judge, candidates must have at least five years of legal or judicial experience. Judges serve a renewable ten-year term, with a mandatory retirement age of sixty-five.
Constitutional Court
The Constitutional Court is an independent entity and not part of Korea’s three tier court system. It is modeled on the German Federal Constitutional Court (Bundesverfassungsgericht). The court has exclusive jurisdiction to hear constitutional matters and, at the request of another court, reviews the constitutionality of legislation. These cases make up the majority of its docket. After exhausting other remedies, individuals can file a case directly with the Constitutional Court, alleging a violation of their constitutional rights by the government or challenging the constitutionality of a statute. The Court also hears cases involving impeachment of high-ranking government officials and judges, the dissolution of political parties, and competence disputes between state agencies and local governments as well as disputes between local governments.
The creation of the Constitutional Court in 1987 heralded the important role of the judiciary in the newly democratic Korea. In its first decade, the Court found statutory provisions unconstitutional in 95 cases and partially unconstitutional in another 40. Executive actions were declared unconstitutional 14 times.
Justices of the Constitutional Courts must be at least 40 years old and must have been a judge, a prosecutor, an attorney, a law professor, or served in the legal affairs of a governmental body for at least 15 years. Three judges of the Court are appointed by the President, three are elected by the National Assembly, and three are nominated by the Chief Justice of the Supreme Court. Confirmation hearings are heard by the National Assembly. Constitutional Court Judges serve a renewable six-year term and have a mandatory retirement age of seventy.
Judicial Administration and Judicial Ethics
The Office of National Court Administration (NCA) is responsible for overseeing the administrative operations of the courts, including personnel, budget, and facilities. The NCA is under the jurisdiction of the Supreme Court, and its authority is delegated by the Chief Justice, who directs judicial administration. The Minister of the NCA, a Supreme Court Justice, attends National Assembly sessions and cabinet meetings to testify about the judiciary’s administrative issues. The NCA does not have authority to take disciplinary action against a judge but its Inspector General for Judicial Ethics is responsible for filing petitions requesting that the Commission of Discipline undertake an investigation of allegations that a judge is involved in “unlawful cases.”
The Code of Judicial Conduct and legislation outline the process for filing and reviewing allegations of judicial misconduct. A complaint claiming a “breach or neglect to discharge a judicial duty” or actions that “undermine judicial dignity” may be filed with the Supreme Court Commission of Discipline by the Chief Justice, another member of the Supreme Court, the NCA Minister, President of the Judicial Research and Training Institute, any chief judge, or the Chief Librarian of the Supreme Court. The Commission has 10 members appointed by the Chief Justice, including three judges, representatives from the bar and legal academia, and reserve members. Judges accused of misconduct have the right to present a defense and to counsel. Penalties include suspension, reduction of salary, and reprimand.
Jury Trials
In 2008, the National Assembly adopted the Act on Citizen Participation in Criminal Trials, jury trial legislation designed to promote democratic participation in the justice system and enhance public confidence in the courts. Juries are used in criminal cases punishable by at least one year of imprisonment and death penalty cases. The defendant must make a written request for a jury trial within seven days of the indictment being filed. However, there are conditions under which the court may deny this request.
The jury’s verdict is advisory, though empirical studies have shown that judges accept the jury’s verdict in 90% of cases. Korean judges have the option of excluding eligible criminal cases from the jury process. Examples include instances when the judge has reason to fear for the safety of jurors and when the victim of a sexual offense or a co-defendant requests a judge-trial. The jury trial exclusion rate is approximately 20-30%, depending on the year. In addition, many defendants opt not to exercise their right to a jury. In recent years, only about a third of criminal cases in Korea are heard by a jury.
Eligible jurors (baesim-won) include any citizen over the age of 20 who does not meet the criteria for an exemption. Jurors are selected randomly from rosters maintained by the district court. In cases involving offenses subject to life imprisonment or capital punishment, a jury of nine jurors is impaneled; all other cases are heard by a jury of seven.
Legal Education and Bar Admission
Beginning in 2009, South Korea introduced a three-year law school model. Graduates must pass a qualifying exam to be admitted to legal practice and register with the Korean Bar Association. The number of law schools and law students is regulated by the Minister of Education based upon data examining the demand for and supply of attorneys in the country. Universities seeking to create a law school must apply to the Ministry of Education for authorization. As of 2025, there are 25 accredited law schools in Korea with faculty that includes both academics and practicing lawyers, judges, and prosecutors.
Judicial Education
The Judicial Research and Training Institute (JRTI) was established in 1971. Its primary focus is educational programs for newly appointed judges, continuing judicial education, and the publication of practical guides for judges. Judicial education in Korea is mandatory; judges must complete a JRTI program every five years throughout their career. JRTI also develops customized programs for law clerks, judicial officers, and military judges, as well as practical legal training for law school students. JRTI is active internationally, offering training programs for foreign judges through its International Judicial Cooperation Center and collaborating with foreign judicial institutions and international organizations. In 2024, JRTI hosted the 11th IOJT International Conference on Training of the Judiciary.