I’m so glad that the immediate appeal for the ruling of furnishing security for the costs of lawsuit that I filed was accepted. In case a plaintiff does not have domicile in Korea, the defendant may request the court to order the plaintiff to furnish security for the lawsuit costs in advance. If a defendant files a request and the court makes a decision of furnishing security for the cost of lawsuit to the plaintiff, the defendant may refuse to respond to the lawsuit until the plaintiff provides the security. One of my client temporarily left Korea back to his country after filing for civil suit and the defendant files a request and the court accepted the request in last May. I filed an immediate appeal against the ruling and submitted seven legal briefs to the court. Today, I received the decision that the appeal was accepted and it is highly likely that the court hearing for civil suit will be scheduled soon.
Please refer to the relevant articles as follows;
Article 117 (Obligation to Furnish Security)
(1) Where a plaintiff has no domicile, office or business place in the Republic of Korea, or where it is recognized that furnishing security for the costs of lawsuit is necessary because it is obvious that the claim is groundless based on the complaints, briefs, or other records on lawsuit, the court shall order the plaintiff to furnish security for the costs of lawsuit, upon request from a defendant. This shall also apply where the security is insufficient. <Amended by Act No. 10373, Jul. 23, 2010>
(2) In cases of paragraph (1), the court may ex officio order the plaintiff to furnish security for the costs of lawsuit. <Newly Inserted by Act No. 10373, Jul. 23, 2010>
(3) Where a part of the claim is not contested, paragraph (1) shall not apply if the amount thereof is sufficient for the security.
Article 119 (Defendant’s Right to Refuse)
A defendant who has filed a request for furnishing a security may refuse to respond to the lawsuit until a plaintiff furnishes such security.
Article 120 (Ruling of Furnishing Security)
(1) A court shall, in its ruling to order a furnishing of security, fix the amount of such security and the period within which such security is to be furnished.
(2) The amount of security shall be fixed on the basis of the gross amount of costs to be disbursed by the defendant in each instance.
Article 121 (Appeal)
An immediate appeal may be raised against a decision as to a request for furnishing a security.
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