South Korean Constitutional Court hears case on appellate brief deadline

South Korea's Constitutional Court has accepted a "trial appeal" case, referring it to a full nine-justice panel. The case centers on a legal dispute where a court dismissed an appeal because the appellant failed to submit their appellate brief within the stipulated deadline.

The case originated from a 2022 shipping collision lawsuit. The defendant, a foreign chartering company, was ordered to pay damages in the initial ruling. The court initially notified the foreign defendant through public notice, and as no appeal was filed within the deadline, the ruling became final. However, the defendant later learned of the initial judgment and filed a supplementary appeal.

The appellate court dismissed the appeal, citing the defendant's failure to submit the appellate brief within the required timeframe. While the defendant argued they submitted the brief on the last day of the extended period, the court stated that the submission was late and no grounds for review existed. The defendant's subsequent immediate appeal to the Supreme Court was also dismissed.

The defendant then filed the trial appeal with the Constitutional Court, arguing that the appellate court's decision and the Supreme Court's ruling violated due process and infringed upon their right to a trial. This marks the sixth trial appeal case to be sent to the full Constitutional Court since the system's introduction in March 2024, with a total of 800 cases filed so far.