Supreme Court Considers 'Appellate Court' Merging District and High Court Appeals Trials
[Asia Economy Reporter Kim Daehyun] The Supreme Court has expressed the position that the currently separated appellate courts (second instance courts) at the High Court and District Court levels should be merged to establish an 'Appellate Court.'
According to the legal community on the 8th, the Supreme Court held the 22nd Judicial Administration Advisory Meeting yesterday, presided over by Chief Justice Kim Myung-soo, where they discussed and decided on the 'Improvement Plan for the Appellate Trial System' with this content.
The advisory meeting cited the need to clarify the separated appellate trial level structure as the basis for establishing the new court, aiming to enhance the public's procedural satisfaction and the expertise of appellate trials. Specific plans regarding the number, personnel composition, and jurisdiction of the Appellate Court will be researched, reviewed, and promoted by the Court Administration Office.
Improvement plans for civil and criminal second instance trials were also discussed. Advisory members suggested the introduction of a system for submitting an 'Appellate Brief' through amendments to the Civil Procedure Act to promptly organize issues in civil appellate trials and conduct hearings swiftly. For criminal appellate trials, they emphasized the need to expand the scope of upholding first instance judgments and to activate the 'Dismissal of Appeal without Oral Argument' system.
They also established the position that sentencing investigations should be activated to enhance the fairness of sentencing hearings in criminal trials. The intention is to legislate the 'Sentencing Investigation System,' allowing court investigators to be ordered to conduct investigations necessary for sentencing decisions either by the court's authority or upon party application.
Furthermore, they decided to pursue institutional improvements to ensure that the rights of foreigners and migrants to receive trials are guaranteed at the same level as nationals. In this regard, opinions were also raised on the need to study expanding the scope of work so that foreigners and migrants can receive assistance from court-certified interpreters and translators both inside and outside the courtroom.
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The Judicial Administration Advisory Meeting is chaired by Chief Justice Kim Myung-soo and consists of a total of eight members. The newly appointed members as of yesterday include Seo Kyung-hwan, Chief Judge of Seoul Rehabilitation Court; Choi Seong-bae, Chief Judge of Seoul Western District Court; Lee Sang-gyun, Senior Judge of Daegu District Court; Kwon Seong-su, Senior Judge of Seoul Central District Court; Jung Seo-hyun, Judge of Uijeongbu District Court; Park Seon-young, President of the Korean Gender Law Association; Lee Jong-yeop, President of the Korean Bar Association; and Jung Young-hwan, President of the Korean Law Professors Association.
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