The Highest Court.

The Supreme Court is the highest judicial tribunal of the nation.
It is located in Seoul and consists of a Chief Justice and thirteen Justices.
The Justice who has been appointed the Minister of Court Administration does not sit on the Bench while serving in that capacity.

Jurisdiction

 As the court of last resort, the Supreme Court hears appeals from judgments or rulings rendered by the High Courts and the appellate divisions of the District Courts or the Family Court. It has the authority to review the decisions of the appellate military courts as well. The Supreme Court also has exclusive jurisdiction over the validity of the election of the President or a member of the National Assembly.

Rule - Making Power

The Constitution has vested in the Supreme Court the authority for judicial administration as well as the power to establish regulations regarding the internal discipline of the courts, the administration of judicial affairs, and trial procedures. This power is exercised by the Justices Council, which consists of all the Justices of the Supreme Court.

Grounds for Appeal

The grounds for appeal to the Supreme Court are limited. In civil cases, they are limited to the constitutional and legal questions material to the appealed judgment. The six specific grounds for appeal are :
1) cases where a court rendering a judgment has not been constituted in compliance with law;
2) cases where a judge who was precluded by virtue of law from participating in a judgment has participated therein;
3) cases where provisions relating to exclusive jurisdiction have been contravened;
4) cases where there has existed a lack of authority on the part of the legal representative or attorney for commencing procedural acts;
5) cases where the provisions regarding open pleading have been violated; or
6) cases where a judgment has not been supported with reasons or there exists inconsistency in the reasoning.

In criminal cases, an appeal to the Supreme Court may be made on the following grounds :

1) a violation of the Constitution, law, order, or regulation material to the judgment of the lower court;
2) the abolition, alteration, or excuse of penalty after the judgment has been rendered by the lower court;
3) existence of a reason to request for a review; or
4) a grave error in fact-finding or extreme impropriety in the sentencing where a death penalty, life imprisonment, or an imprisonment of more than ten years has been imposed.
In the Supreme Court, either the Grand Bench composed of the Justices sitting en banc or the Petty Benches, each usually composed of three or four Justices, preside over the cases. 

Civil law Tradition

Following the civil law tradition, a decision of the Supreme Court does not have a binding force of precedent in subsequent cases of a similar nature. It merely has a persuasive effect. However, the interpretation of a law rendered in a particular case by the Supreme Court has a binding effect on the lower court when the lower court's ruling has been reversed upon appeal and the case has been remanded to the lower court.

Research Judges

A certain number of research judges may be appointed from among the judges of the High Courts. At present, two research judges are assigned to each Justice exclusively. There is also a pool of research judges consisting of 20 to 30 judges.

Administrative Instruments

The Supreme Court maintains several administrative entities to ensure judicial independence and to achieve great judicial efficiency. They are the Ministry of Court Administration, the Judicial Research and Training Institute, the Training Institute for Court Clerks, and the Supreme Court Library.

Intermediate Appellate Courts

The High Courts are intermediate appellate courts with appellate jurisdiction over judgments or rulings rendered by a panel of three judges sitting at trial courts such as District Courts, Family Court and Administrative Court.
The High Courts are located in five major cities in Korea: Seoul, Busan, Daegu, Gwangju and Daejon.
The cases before the High Courts are heard by a panel of three judges, which is called a division.

In the past, most patent-related disputes were resolved through the Korean Industrial Property Office(KIPO)in Korea. It was criticized that the system in which decisions were reached without considering the findings of facts by courts was unconstitutional.
Following the demand for reform, the Patent Court was established in Seoul on March 1, 1998. It reviews the decisions made by Patent Trial Institute of the KIPO as an intermediate appellate jurisdiction. Technical examiners supplement the unspecialized judges in technical fields, and they may participate in the hearings at the court's discretion. However, the ordinary courts continue to hear infringement cases the purpose of which is to seek relief from patent infringement.

Jurisdiction

The District Courts are located in Seoul and twelve other major cities, most of which are provincial capitals. They have both criminal and civil jurisdictions. From 1962, there were separate district courts for civil and criminal cases in Seoul, but these were merged into the Seoul District Court on March 1, 1995. The District Court also has jurisdiction over various non-contentious cases such as the reorganization or liquidation of business corporations, and the registration of real property or corporate matters. Bankruptcy proceedings also come under the District Courts jurisdiction.
Usually, a single judge presides over a District Court trial. However, three judges, collectively referred to as a collegiate division, are required to sit in certain categories of cases including :
1) cases in which the collegiate divisions decide to adjudicate by themselves;
2) civil cases in which the amount in controversy exceeds 50,000,000 Won (equivalent to about USŁ¤45,000) except for those involving claims with respect to checks or bills;
3) criminal cases involving offenses punishable by a death penalty, life imprisonment or an imprisonment exceeding one year, except for those covered by certain provisions of the Criminal Code or the Special Act Concerning the Punishment for Assault and Battery, etc.;
4) ancillary cases which are to be tried simultaneously with cases mentioned in the preceding paragraphs;
5) cases involving adjudication of a party's challenge to a District Court judge; and
6) cases in which the law grants original jurisdiction to the collegiate division.

Original Jurisdiction Courts

The District Court is generally the court of original jurisdiction. However, District Courts also have jurisdiction over appeals filed against the decisions of a single judge of a District Court, a branch court, or a municipal court. This appellate jurisdiction is exercised by the collegiate division of three judges.

Branch and Municipal Courts

There are 43 branch courts and 103 municipal courts as of July 1, 2000.
The Chief Justice appoints the judges of a municipal court from among the judges of a District Court or a branch court. A municipal court judge settles small civil claims in which the amount disputed does not exceed 20,000,000 Won (equivalent to about USŁ¤18,000), and the judge also decides misdemeanor charges for which detention of less than thirty days or fines of not more than 200,000 Won (equivalent to about USŁ¤180) may be imposed. Summary proceedings are specially provided for these minor cases.

Conciliation Proceedings Used

For civil matters, the judge may order a case to be settled in a conciliation proceeding before a conciliation committee composed of a judge and two or more lay persons. If the case is not successfully conciliated, the judge may render a ruling that the judge deems reasonable after weighing both parties positions. However, both parties are entitled to file an objection against the ruling, at which time the case is transferred to a trial proceeding.

The Family Court is a specialized court dealing exclusively with family matters and juvenile delinquency cases. Presently, there is only one Family Court in Korea, and it is located in Seoul. In other parts of Korea, the functions of the Family Court are served by the respective District Courts.

Jurisdiction

The Family Court has the jurisdiction over all disputes and conflicts within the family and other related affairs of legal significance. As a general rule, a domestic relations case is first referred to a conciliation proceeding, and only if the parties are unable to reconcile is the case transferred to a trial proceeding.

Another specialized court, the Administrative Court, was opened in Seoul on March 1, 1998. This Court hears administrative cases. In the past, the exhaustion of administrative remedies was a requirement in order to file an administrative action in court. However, after March 1, 1998 an administrative action may be filed without first resorting to an administrative remedy unless the law provides otherwise. The District Court will perform the function of the Administrative Court until the separate Administrative Court is established in that respective region.

From Supreme Court of Korea <http://www.scourt.go.kr>