Commencement
Overview
Commencement (개시) refers to the point at which a procedure or effect officially begins in the fields of law and contracts. It is used in various contexts, such as the commencement of litigation under the Civil Procedure Act, the commencement of administrative dispositions under the Administrative Procedures Act, and the commencement of contract effectiveness under contract law. The point of commencement serves as a key criterion for determining the occurrence of rights and obligations, the starting point of prescription periods, and whether procedural requirements have been met.
Main Content
Commencement in Civil Litigation
Civil litigation commences when the plaintiff files a complaint with the court (Article 248 of the Civil Procedure Act). The time of filing the complaint is the point of commencement of the lawsuit, and from this point, the effect of lis pendens (소송繫屬) arises. After the commencement of the lawsuit, a copy of the complaint is served to the defendant, and the preparatory proceedings for argument begin. Effects of the commencement of litigation include the interruption of prescription, allocation of litigation costs, and confirmation of jurisdiction.
Commencement in Administrative Procedures
Under the Administrative Procedures Act, procedures for an administrative agency to issue a disposition commence upon the application of a party or ex officio (Article 21 of the Administrative Procedures Act). The point of commencement of a disposition is the time when prior notice is given to the party or when a hearing begins. After the commencement of administrative procedures, the party has rights such as submitting opinions, presenting evidence, and exercising the right to argue.
Commencement in Contracts
The point at which a contract becomes effective is when the contract is formed (Article 527 of the Civil Act). However, the parties may agree otherwise through a special agreement regarding the timing of effectiveness. For example, in conditional contracts or fixed-term contracts, effectiveness commences upon the fulfillment of the condition or the arrival of the term. After the commencement of the contract, the parties must perform their obligations according to the contract terms, and in case of non-performance, they bear liability for damages.
Commencement in Criminal Procedure
Criminal procedure begins when an investigative agency recognizes criminal suspicion and commences an investigation (Article 195 of the Criminal Procedure Act). After the commencement of the investigation, compulsory measures such as suspect interrogation, search and seizure, and arrest or detention may be carried out. The point of indictment is the commencement of trial, after which the trial proceedings proceed.
Commencement in Other Fields
- Administrative Litigation: Administrative litigation commences by filing a lawsuit seeking the revocation of an administrative disposition.
- Arbitration: Arbitration proceedings commence upon the receipt of a request for arbitration by the arbitration institution.
- Bankruptcy Proceedings: Bankruptcy proceedings commence when the court issues a bankruptcy order.
Recent Trends
Key changes related to the concept of commencement from 2024 to 2025 are as follows. First, with the expansion of the electronic litigation system, the filing and service of complaints are conducted electronically, making the point of commencement of litigation clearer. Second, amendments to the Administrative Procedures Act have strengthened the obligation of prior notice before the commencement of administrative dispositions, ensuring the procedural rights of parties. Third, with the advancement of contract automation technology, there is an increasing number of cases in smart contracts where effectiveness automatically commences upon fulfillment of conditions. Fourth, as the importance of digital evidence in criminal procedure grows, evidence collection procedures at the stage of investigation commencement have become more stringent. These changes are progressing in a direction that enhances the legal stability and predictability of the point of commencement.
Related Topics
- [[Litigation]]
- [[Contract]]
- [[Administrative Procedure]]
- [[Prescription]]
- [[Legal Terminology]]
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