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Key Rules on Service, Hearing Dates, and Parties in Civil Litigation

Based on 160 consultation cases · Updated · Translated from the Korean original.

In a civil lawsuit, whether documents were properly served and whether the parties appeared on the scheduled dates can affect how the case proceeds and whether adverse consequences follow. If procedural issues arise—such as a party’s death, uncertainty about the opposing party’s identity, or a partial claim—you should check the applicable requirements and deadlines and respond accordingly.

At a glance

Parties → Plaintiff → Defendant → Civil lawsuit Service, hearing dates, or party issues → Was service made at a lawful place and by a lawful method? → Yes — Civil Procedure Act Articles 183, 186, and 187 → The case may proceed if procedural requirements are met → No → A procedural risk may arise but the consequence is not automatic → Did both parties fail to appear on a hearing date? → Yes — Civil Procedure Act Article 268 → Did a party die while represented by a litigation representative? → Yes — Civil Procedure Act Articles 95, 233, and 238 → Check service location and method → Confirm the place and method meet service rules An actual residence may differ from a registered address → Check hearing-date rules → A new date may be set Withdrawal depends on legal conditions A court-set date may not need a separate motion → Check claim scope and party status → Review whether the claim is pa…

Key points

  • As a rule, service is made at the recipient’s address, place of residence, place of business, or office. Substituted service and service by mail must each satisfy their prescribed requirements (Civil Procedure Act, Articles 183, 186, and 187 (민사소송법 제183조, 제186조, 제187조)).
  • Substituted service at the recipient’s actual place of residence or other place where they are based in daily life is not invalid merely because that place differs from their registered address (Cases 3 and 11; Supreme Court Decision 2000Ma5732, October 28, 2000).
  • If court documents cannot be served at a corporation’s address, service may need to be attempted at another place, such as the representative’s address (Case 7).
  • If both parties fail to appear on a hearing date, a new date may be set. In the circumstances specified by law, if no motion to set a hearing date is filed within one month, the action may be deemed withdrawn. However, a separate motion may not be necessary if the court sets a new date on its own initiative (Civil Procedure Act, Article 268 (민사소송법 제268조); Cases 13 and 17).
  • One case held that absences at a preparatory hearing and at a hearing are not added together (Case 22; Supreme Court Decision 2004Da69581, October 27, 2006).
  • If a party dies while represented by a litigation representative, the proceedings may not be suspended immediately, and the judgment may have effect on the heirs. After judgment, the procedure for taking over the litigation may become relevant if an appeal is to be filed (Civil Procedure Act, Articles 95, 233, and 238 (민사소송법 제95조, 제233조, 제238조); Cases 2 and 24).
  • If a claim is expressly brought as a partial claim, the final judgment may not have effect on the unclaimed remainder. Whether the claim is a partial claim is determined by considering not only the complaint and preparatory briefs but also the course of the proceedings (Case 10; Supreme Court Decision 2013Da96165, July 27, 2016).
  • If claims in a lawsuit are mutually incompatible, another defendant may be added in the alternative or in the choice of the plaintiff. However, claims against all defendants may be dismissed for lack of proof (Civil Procedure Act, Article 70 (민사소송법 제70조); Case 25).

Frequently asked questions

Q. Can the lawsuit proceed if the other party refuses to accept the complaint?

If the person to be served refuses to accept the documents without justifiable reason, service may be effected by leaving the documents at the place of service. However, the place and method of service must meet the requirements prescribed by law.

Case 9

Q. Is service of court documents valid if they are served somewhere other than the recipient’s registered address?

Substituted service is not automatically invalid merely because the place of service differs from the recipient’s registered address. The important question is whether that place is a lawful place of service, such as the recipient’s actual residence or other place where they are based in daily life.

Case 3, Case 11

Q. Neither party appeared twice on the scheduled dates. Has the lawsuit been withdrawn?

If neither party appears or pleads on the hearing date, a new date may be set. If a party also fails to appear later, circumstances may arise in which a motion to set a hearing date is required. However, one case held that if the court sets a new date on its own initiative after a second failure to appear, the lawsuit may continue without a separate motion if a party appears and pleads on that date.

Case 13, Case 17

Q. Are absences at a preparatory hearing and a hearing counted together?

The precedent discussed in the case held that the effect of failing to appear at a preparatory hearing does not carry over to a later hearing. Accordingly, it explains that absences at these two different types of hearings are not simply added together to deem the action withdrawn.

Case 22

Q. If the plaintiff dies during the lawsuit, do the heirs have to file a new lawsuit?

If a litigation representative has been appointed, the proceedings may not be suspended immediately upon a party’s death, and the representative may conduct the litigation on behalf of all the heirs. An heir may need to take over the proceedings to appeal after judgment, so the requirements should be checked in light of the stage of the case.

Case 2, Case 24

Q. Can I file a civil lawsuit if I do not know the other party’s address or resident registration number?

The opposing party must be identified for the ordinary litigation process and service to proceed. In the case discussed, methods suggested for identifying the person included seeking an order requiring a financial institution to submit financial transaction information, an order requiring a mobile carrier to produce documents, and a request to an investigative agency for an inquiry into facts, followed by correcting the designation of the party.

Case 20

Q. I obtained a judgment on only part of my claim. Can I claim the rest as well?

It is important whether, in the original lawsuit, the plaintiff stated that they were first claiming only part of the entire claim. If the claim was expressly identified as a partial claim, the final judgment may not have an effect on the remaining claim. If it was not so identified, a later claim for the balance may also be restricted.

Case 10

Q. I started a lawsuit against the wrong defendant. Can I add someone else?

If the claims are mutually incompatible, it may be possible to add another defendant to the pending lawsuit in the alternative or in the choice of the plaintiff. However, all claims may be dismissed if the plaintiff fails to prove a claim against any of the defendants, including the added defendant.

Case 25

Relevant laws

  • Civil Procedure Act, Article 53 (민사소송법 제53조)
  • Civil Procedure Act, Article 70 (민사소송법 제70조)
  • Civil Procedure Act, Article 71 (민사소송법 제71조)
  • Civil Procedure Act, Article 76 (민사소송법 제76조)
  • Civil Procedure Act, Article 95 (민사소송법 제95조)
  • Civil Procedure Act, Article 144 (민사소송법 제144조)
  • Civil Procedure Act, Article 178 (민사소송법 제178조)
  • Civil Procedure Act, Article 183 (민사소송법 제183조)
  • Civil Procedure Act, Article 185 (민사소송법 제185조)
  • Civil Procedure Act, Article 186 (민사소송법 제186조)
  • Civil Procedure Act, Article 187 (민사소송법 제187조)
  • Civil Procedure Act, Article 189 (민사소송법 제189조)
  • Civil Procedure Act, Article 211 (민사소송법 제211조)
  • Civil Procedure Act, Article 233 (민사소송법 제233조)
  • Civil Procedure Act, Article 238 (민사소송법 제238조)

Watch out for

  • Service by dispatch may be deemed complete when the documents are dispatched, regardless of whether they were actually received. Check the requirements for this method of service and the place of service.
  • If a motion to set a hearing date is required after neither party appears, take care not to miss the one-month period explained in the case discussed.
  • Substituted service presupposes a reasonable expectation that the recipient will deliver the documents to the party. Service on someone whose interests conflict with those of the party may be challenged as ineffective.
  • The outcome of a partial claim or the addition of a defendant may vary depending on the course of the proceedings and the relationship between the claims. The scope of the claim and the timing of any addition should therefore be made clear.

Related articles

Source cases

This guide was compiled by AI from the following Korea Legal Aid Corporation consultation cases (in Korean).

  1. 소송촉진 등에 관한 특례법에 정한 지연손해금이 적용되는 경우
  2. 착오로 일부 상속인만을 소송수계인으로 한 소송수계신청 및 그에 따른 항소제기가 다른 상속인에 대하여도 효력을 미치는지
  3. 실제 생활근거지 아닌 곳으로 우편송달 한 경우 그 효력
  4. 당사자의 청구에 잘못이 있는 경우도 판결경정이 가능한 오류인지
  5. 등기우편에 의한 발송송달 요건은 송달할 서류마다 요구되는지
  6. 도로로 사용되는 사유지의 점유에 대한 장래의 부당이득반환청구권
  7. 법인주소지로 소송서류 송달 불능 시 곧바로 주소보정명령 가능한지
  8. 선정자에게 변호사선임명령의 통지 없이 불선임을 이유로 각하할 수 있는지
  9. 채무자가 소송관계서류의 송달 받기를 거부할 때의 송달방법
  10. 전소에서 일부청구를 한 경우 나머지를 후소로 청구할 수 있는지
  11. 보충송달을 주민등록상의 주소지가 아닌 실제거주지로 한 경우 그 효력
  12. 채권자가 보증인을 상대로 한 소송에 주채무자가 참여하는 방법
  13. 변론기일에 양쪽 당사자 모두 출석하지 않은 경우의 구제방법
  14. 소송촉진등에관특례법상의 법정이율의 적용을 배제할 수 있는 시기
  15. 수납은행에 부족 인지액을 납부한 때 인지보정의 효력 발생되는지
  16. 소송계속 중 상대방 주소변경 시 소송서류의 송달방법
  17. 쌍방 2회 불출석으로 법원이 신기일 지정한 때에도 소취하로 되는지
  18. 판결문의 등기의무자 주소가 등기부와 다른 경우 판결경정 대상인지
  19. 소송서류를 송달받을 당사자와 이해의 대립이 있는 수령대행인에게 보충송달을 할 수 있는지 여부
  20. 당사자의 인적사항을 모르는 경우 인적사항을 특정하기 위한 방법
  21. 임기만료된 종중대표자가 총회결의무효확인청구를 할 수 있는지
  22. 변론준비기일 불출석의 효과
  23. 동거중인 이혼한 처도 보충송달 시의 ‘동거인’에 포함되는지
  24. 당사자 사망 이후에 소송대리인이 제기한 소송이 중단되지 않은 채 판결이 선고된 경우, 그 판결의 효력 및 항소제기를 위하여 상...
  25. 소송진행 중 예비적 또는 선택적 피고를 추가하는 것이 가능한지

This guide is general legal information about Korean law, not legal advice for your situation. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (call 132 in Korea).