Since March 1, 2023, the Supreme Court has amended and implemented "Rules on subject matter jurisdiction in civil and family litigations" and "Established rule on the division of work of judges, etc. and case distribution (Jaeil 2003-4)" for being prepared for social and economic changes such as an increase in value of assets including immovable property and promoting thorough and expeditious hearings of first instance family court.
□ Details
○ Subject matter jurisdiction of controversy amount increased for family cases of first instances
- The subject matter jurisdiction of a three-judge panel in a first-instance family cases will be increased to cases exceeding 500 million KRW (Provided a decision on the contributory portion and disposition on a division of inherited property will be handled by a panel of three judges of first instance family court in the same way as before, regardless of the amount of the subject-matter of claim).
○ Expanding the scope of High Court jurisdiction
- Under the amendment of "the Rules on subject matter jurisdiction in civil and family litigations," an appeal for a case with the amount of the subject matter of the lawsuit, the value of the subject matter of the claim, or the sum of values of the subject matter of the lawsuit and a claim in consolidated cases that exceeds 200 million KRW and not more than 500 million KRW which falls under a single-judge jurisdiction of a first-instance family court (hereinafter referred to as 'large claim case heard by a single-judge'), should be handled by High Courts, not by the appellate division of Family Courts as currently maintained.
○ Improving single-judge jurisdiction of first-instance family court system
- A presiding judge of a district court handles large claims of the family cases of the first instance that are within the single-judge jurisdiction
- If parties to a large claim case prefer to be heard by a three-judge panel rather than a single judge, then the parties should request for transfer of the case before the first date for pleading or date for examination by parties’ consent.
□ Expected effects
- Cases that fall under the jurisdiction of a three-judge panel have increased, in all complexities, due to the changes in economic circumstances (increase in value of assets including immovable property). Expanding single-judge jurisdiction of first-instance family courts will guarantee the right to a speedy trial to parties to a case and will secure sufficient time for hearing through the newly added trial panels. Accordingly, the parties will experience better procedural satisfaction.
- With a more significant number of judges having ample legal experience increasingly joining the courts and the establishment of a senior judge system, expanding the single-judge jurisdiction of first-instance family courts will contribute to protecting the rights and interests of parties through speedy and expeditious trials and thorough hearings, which will allow parties to receive trials by judges with substantial experience and knowledge. |
