Judicial Training - New Judges Training - Overview

General Objectives

A. Provision of training in line with the unified judicial system in Korea
B. Provision of sustainable training

Objectives

A. Creation and development of new means of New Judges Training which are appropriate for the unified judicial framework
B. Creation and implementation of new curricula and academic systems in response to changes in the appointment of new judges
C. Introduction of personalized and practical means of education for new judges appointed in greater numbers and diversity
1. 1) Supplementation of the traditional classroom education
2. 2) Implementation of full-time professorship entailing greater roles
3. 3) Provision of personalized and practical education
4. 4) Increase in programs making use of the Moot Court, establishment of an IT system for the management of New Judges Training
5. 5) Supplementation of educational contents for new judges with seven years or more of judicial experience
6. 6) Update of learning materials
D. New judges’ commitment to a minimum of five months of intensive training

Ongoing and Upcoming Training Programs for Newly Appointed Judges

A. Provided in 2024

1) Overview
1. A) Newly judges appointed on October 7, 2024 (111 judges)
2. B) October 7, 2024 (Mon)-February 21, 2025 (Fri) (5 months)

2) Training Details

A) Training Outlines

교육 내용 구성 안내
Courses		Program	Method
[1] Written judgment	Pre-courses [9 civil cases+5 criminal cases]	Participating judges can practice drafting basic written judgments at the beginning of the training (at least 4 judgments for both civil and criminal cases).	Optional and sequential course
[1] Written judgment	Drafting written judgment [5 civil cases+4 criminal cases]	Participating judges can study real-life cases to develop their capacity to determine facts and improve their judgment in judicial contexts.	Collective comments + personalized comments and editing
[2] Conferences in collegiate judgment [2 civil cases+2 criminal cases]		Participating judges can experience combination of case discussion and written judgment draft practice.	Simulation of conferences in collegiate judgment and written judgment drafting
[3] Topic study		Participating judges can be provided with theories, principles, and knowledge on judicial practice, life, and liberal arts.	Combination and convergence with case study courses
Others		Other activities including orientation, special lectures, exchanges, and excursion

B) Topics of All Pre-courses

Program Outline: Case Study, Seminar on Judicial Writing, and Deliberation Skill Development
Subject No.	Key Topics
Civil Pre-course 1	▲Jointly guaranteed liabilities for obligation of the price of articles ▲Extinctive prescription of obligation ▲Termination of down payment
Civil Pre-course 2	▲Cancellation claims for registration of transfer based on ownership ▲Registration in conformity with substantial relation ▲Confirmation of apparent representation and representation without power ▲Acquisitive prescription of possession
Civil Pre-course 3	▲Claims for delivery of land, removal of buildings, and eviction claims from buildings based on ownership ▲Legal superficies ▲Claims for restitution of unjust enrichment
Civil Pre-course 5	▲Claims for assigned amount ▲Claims for return of the lease security deposit ▲Subrogation litigation by creditors
Civil Pre-course 6	▲Effect of particular deposit for performance ▲Determination of torts
Civil Pre-course 7	▲Recourse amount claims of guarantee providing companies ▲Basic structure of revocation of fraudulent act
Civil Pre-course 8	▲Determination of pretense lessees ▲Revocation of fraudulent act (peripheral issues) ▲Objections to dividends
Civil Pre-course 9	▲Parties of contracts ▲Liability of persons who have lent their names ▲Joint and several obligation of normal home affairs
Civil Pre-course 10	▲Constitution of authenticity of disposition document ▲Omission of obligee list and bad faith of obligor
Criminal Pre-course 1	▲Special intimidation ▲Drafting written judgments in confession cases ▲Decision on punishment for confession cases
Criminal Pre-course 2	▲Violation of the Music Industry Promotion Act ▲Drafting written judgments in disputed conviction cases ▲Recognition and determination facts through evidence
Criminal Pre-course 3	▲Act on the Aggravated Punishment of Specific Crimes (violence used against drivers) ▲Drafting written judgments of acquittal ▲Determination on reliability of victims' statements
Criminal Pre-course 4	▲Fraud ▲Drafting written judgments of acquittal of a part of crimes (acquittal in dispositions) ▲Intention of deceit
Criminal Pre-course 5	▲Aggravated bodily injury and special intimidation ▲Drafting written judgments of acquittal ▲Related legal principles for aggravated bodily injury and special intimidation

C) Practice of conferences in civil and criminal collegiate cases

Program Outline: Topic Study
Lecture No.	Key Topics
Civil Cases Heard by Three-judge Panel 1 Civil Collegiate Judgment 1 (Final conference in first instance cases)	- Case A · Lessor's claim for the delivery of subject matter of the lease · Determination of liability for damages from illegal possession · Determination of liability for damages from interference with business · Determination of legality for counterclaims, incidental appeals, and claim modification - Case B · Nullity of contracts and affirmation of non-existent debt · Mental capacity, unfair juristic act, and representation without power ※ Conference methods, assignment of associate judges, submission of draft written judgments, etc. · Two new judges assigned to a collegiate panel will serve as associate judges for Cases A and B. To enhance the impact of their training, one judge will render individual judgments alongside the presiding judge, while the other will prepare for the judgment in a separate space. · Both newly appointed judges are required to prepare and submit draft written judgments for Cases A and B.
Criminal Cases Heard by Three-judge Panel 1 Criminal Collegiate Judgment 1 (Final conference in first instance cases)	- Case A · Whether an action constitutes "confinement" if there is temporal or limited freedom · Criteria for determination of bodily injury infliction · Criteria for determination of the intent to retaliate, etc. - Case B · Criteria for determination of possibility/impossibility to amend an indictment and actions taken upon change in a substantive jurisdiction · Criteria for determination of reliability of statements of a victim of a sex offense and comparison with circumstantial evidence · Whether documents including complaint letters submitted by victims may be used as evidences of guilty ※ Conference methods, assignment of associate judges, submission of draft written judgments, etc. · Among the two newly appointed judges, one will be designated as the associate judge for Case A, while the other will serve as the associate judge for Case B. Both cases will be heard by a three-judge panel under the presumption that the two judges have conducted a review of both cases. · Newly appointed judges are required to submit a draft written judgment exclusively for the cases to which they have been assigned as associate judges.
Civil Cases Heard by Three-judge Panel 2 Civil Collegiate Judgment 2 (Final conference in first instance cases)	- Case C · Claims for registration of ownership transfer · Feststellungsinteresse for cancellation of sales contract · Extent of tendering an opposite obligation to interrupt exceptio non adimpleti contractus - Case D · Suretyship obligation · Non-performance of obligation, discharge of obligations, and cancellation of mistake ※ Conference methods, assignment of associate judges, submission of draft written judgments, etc. · Two new judges assigned to a collegiate panel will serve as associate judges for cases C and D. To enhance the impact of their training, one judge will render individual judgments alongside the presiding judge, while the other will prepare for the judgment in a separate space. · Both newly appointed judges are required to prepare and submit draft written judgments for Cases C and D.
Criminal Cases Heard by Three-judge Panel 2 Criminal Collegiate Judgment 2 (Final conference in appeal cases)	- Case C · Identification of crimes of cash collectors of voice phishing scams · Whether subjective elements of crimes of frauds, counterfeit of private documents, and uttering of falsified private document are accepted · Criteria for determination of "threat" in the crime of business interference - Case D · Concept of "driving" in cases involved with a refusal to take a breath test · Whether it is permissible to render a judgment of guilt when evidence demonstrates a specific degree of probability that an element of a crime, specifically the intentional act of driving, was present. · Application timing and application practice of sentencing criteria · Actions taken when a defendant detained in an appeal released ※ Conference methods, assignment of associate judges, submission of draft written judgments, etc. · Among the two newly appointed judges, one will be designated as the associate judge for Case C, while the other will serve as the associate judge for Case D. Both cases will be heard by a three-judge panel under the presumption that the two judges have conducted a review of both cases. · Newly appointed judges are required to submit a draft written judgment exclusively for the cases to which they have been assigned as associate judges.

D) Topics of Topic Study

B. Provided in 2025
1. 1) March-April 2025 Performance Analysis of the Newly Appointed Judges’ Programs in 2023 and Establishment of the Faculty
2. 2) May 12, 2025 Seminar for the Faculty of Newly Appointed Judges’ Programs I
3. 3) June-September 2025 Divisional Course Review Meeting
4. 4) September 8, 2025 Seminar for the Faculty of Newly Appointed Judges’ Programs II
5. 5) October 2, 2025-February 27, 2026 (TBD) Commencement of Newly Appointed Judges’ Programs