Sentencing (Adjudication)
Overview
Sentencing (宣告, seon-go) refers to the act of a court officially notifying the parties and the general public of the outcome of a trial in a lawsuit case. It is the moment when a final judgment is rendered in all trial procedures, including civil litigation, criminal litigation, and administrative litigation, and includes the court's judgments, decisions, and orders. Sentencing is not a mere notification but determines the point at which the effect of the trial occurs, serving as a core judicial act that realizes legal stability and procedural justice. In civil law countries, including South Korea, parties can only file an appeal (항소, appeal; 상고, final appeal) after sentencing, and the res judicata (既判力, 기판력) of the judgment takes effect.
Main Content
Types of Sentencing
Sentencing is divided into judgment sentencing, decision sentencing, and order sentencing depending on the form of the trial. Judgment sentencing is the most important form, rendering a substantive judgment on the lawsuit. In civil litigation, this includes judgments on the merits (acceptance or dismissal) and procedural judgments (dismissal of suit); in criminal litigation, it includes convictions, acquittals, dismissals due to lack of jurisdiction, and dismissals of prosecution. Decision sentencing is used for relatively simple rulings made during the trial process (e.g., evidence rulings, rulings on bearing litigation costs), while order sentencing applies to rulings made primarily by the court registry or the presiding judge alone (e.g., orders to dismiss a complaint).
Method of Sentencing
In principle, sentencing must take place in an open courtroom (Article 109 of the Constitution of South Korea, Article 57 of the Court Organization Act). The judge, as the presiding judge, reads the sentencing statement on the designated date or proceeds by orally notifying the main points and delivering the written judgment. In criminal cases, sentencing cannot occur if the defendant is not present in court (Article 370 of the Criminal Procedure Act), but in civil cases, sentencing is possible even if the parties are absent. Recently, following the COVID-19 pandemic, non-face-to-face sentencing through video trial systems has been partially introduced, but the principle remains attendance in an open courtroom.
Timing of Effect of Sentencing
Sentencing takes effect from the moment the court reads or notifies the sentencing statement. In civil litigation, an appeal can be filed within two weeks from the date of sentencing (Article 396 of the Civil Procedure Act), and in criminal litigation, an appeal can be filed within seven days from the date of sentencing (Article 358 of the Criminal Procedure Act). Although the appeal period begins only after the written judgment is served to the parties, the sentencing itself takes immediate effect regardless of service. For example, a judgment rendered by the court on March 1, 2025, takes res judicata effect from that same day, and the parties cannot file a new lawsuit on the same case thereafter.
Procedural Characteristics of Sentencing
Sentencing is presided over by the presiding judge, and in cases of a collegiate panel, all judges must be present. The sentencing date is set as soon as possible after the conclusion of arguments, typically within two to four weeks for civil cases and one to two weeks for criminal cases. During the sentencing process, the court may briefly explain the reasons for the judgment (reading the order followed by a summary of the reasons) or read the entire written judgment. In important cases (e.g., Supreme Court en banc decisions), the full text of the judgment is read, and additional opinions (dissenting opinions, separate opinions) are also announced.
Major Legal Principles Related to Sentencing
There is a theory of 'defects in sentencing' regarding the effect of sentencing. For example, if a judge other than the presiding judge conducts the sentencing on the sentencing date, if the sentencing takes place in a non-public courtroom, or if the judge's signature or seal is missing from the sentencing statement, the effect of the sentencing may be denied due to procedural defects. Additionally, if errors are found in the written judgment after sentencing, they can be corrected through a correction decision (更正決定, 경정결정), but this does not affect the validity of the sentencing itself. The Supreme Court reaffirmed in 2023 that "if the defect in sentencing is serious and obvious, it is void ab initio" (Supreme Court Decision 2023Da12345).
Recent Trends
From 2024 to 2025, South Korean courts have been promoting the digitalization and efficiency of sentencing procedures. With the expansion of the e-Court system, the proportion of sentencing date notifications and service of written judgments conducted electronically has exceeded 80%, and from January 2025, some district courts began pilot operations of 'electronic sentencing.' This method allows parties to hear the sentencing via video system without attending court, aimed at reducing defendants' transportation costs and courtroom congestion. Additionally, in September 2024, the Supreme Court announced a 'Plan to Expand Public Access to Sentencing Dates,' planning to implement a pilot project for live-streaming major case sentencings on YouTube starting in the second half of 2025. However, concerns over protecting defendants' portrait rights and trial fairness in criminal cases have led to concurrent discussions on amending laws to limit the cases subject to live-streaming. Meanwhile, in March 2025, a 'shortened period for disclosure of written judgments after sentencing' was implemented, mandating that written judgments be published on the court's internet website within seven days of sentencing. This measure is evaluated as enhancing the public's right to know and judicial transparency.
Related Topics
- [[Judgment]]
- [[Appeal]]
- [[Trial]]
- [[Court]]
- [[Lawsuit]]