|
|
|
|
|
|
|
IP Newsletter | Winter 2017/18
|
|
|
|
|
|
|
|
|
|
|
PATENT
|
|
|
|
|
|
Korean Judicial System Ranked First Two Years in a Row by Doing Business 2018
|
|
|
|
|
|
In Doing Business 2018 (a World Bank Group Publication), the Korean judicial system is again ranked first in enforcing contracts. This is the second year in a row that Korea has received this recognition. According to Doing Business 2018, the Korean judicial system ranked high in both speed and quality of the judicial process, as shown in the table below. Further, Korea received the highest score in the areas of "court automation" and "alternative dispute resolution."
|
|
|
|
|
|
|
Enforcing Contracts
|
Time Required to Enforce Contract through a First-Instance Court (Calendar Days)
|
Quality of Judicial Processes Index
(0-18)
|
DTF Score1
|
| Korea |
1 |
290 |
14.5 |
84.15 |
| China |
5 |
496 |
15.1 |
78.23 |
| France |
15 |
395 |
11 |
73.04 |
| U.S.A. |
16 |
420 |
13.8 |
72.61 |
| Germany |
22 |
499 |
11 |
71.32 |
| U.K. |
31 |
437 |
15 |
68.69 |
| Japan |
51 |
360 |
7.5 |
65.26 |
|
|
|
|
|
|
Doing Business is a publication that has been putting out a series of annual reports for the past 15 years. Doing Business 2018 provides quantitative indicators on business regulations and the protection of property rights for 190 countries. Among others, it evaluates regulations affecting the enforcement of contracts by measuring the time and cost for resolving a commercial dispute through a first-instance court, as well as the quality of the judicial processes.
|
|
|
|
|
|
For measuring the time required to enforce a contract, Doing Business 2018 evaluates the average duration of disputes, including from filing through enforcement of the judgment. Korea had a particularly short resolution time of 290 days compared to an average of 577.8 days for other OECD high income countries.2
|
|
|
|
|
|
The quality of judicial processes index measures whether each country has adopted a series of good practices in its court system in four areas: court structure and proceedings, case management, court automation, and alternative dispute resolution. Doing Business 2018 reports that Korea is one of only five countries worldwide that received full points for the court automation index. According to the report, Korea has introduced improvements in the past few years since launching an electronic filing system in 2010 that allows electronic document submission, registration, service notification, and access to court documents. Moreover, Korea received the highest score for the alternative dispute resolution index, which measures availability and enforceability of arbitration, voluntary mediation, and conciliation options. In sum, Korea seems to be taking the right steps towards making Korea a favorable forum for litigating disputes.
|
|
|
|
|
|
|
|
|
|
|
| 1 |
The World Bank calculates the Distance to Frontier (DTF) scores on a scale from 0 to 100. The DTF is a score used by the World Bank to indicate the measure of a countries' regulatory environment where 0 represents the lowest performance and 100 represents the highest performance. The DTF scores are computed by considering various factors including (i) the time for resolving the dispute through a first-instance court, (ii) the cost, and (iii) the quality of judicial process.
|
|
| 2 |
The OECD high income countries are countries with a Gross National Income per capita of $12,236 or more, calculated using the World Bank Atlas method.
|
|
|
|
|
|
|
Back to Main Page
|
|
|
|
|
|
|
|
|
|
If you have any questions regarding this article, please contact:
|
|
|
|
|
|
|
|
|
|
|
|
For more information, please visit our website: www.ip.kimchang.com
|
|
|
|