Appeal rate and caseload: evidence from civil litigation in Korea

Courts of modern democratic societies have generally implemented appeal procedures to correct potential errors in ruling. However, considering the time and effort that both litigants spend, availability of an appeal cannot be better than reaching the correct judgment in the original case. This diffi...

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Bibliographic Details
Published inEuropean journal of law and economics Vol. 44; no. 2; pp. 339 - 360
Main Authors Kim, Duol, Min, Heechul
Format Journal Article
LanguageEnglish
Published New York Springer US 01.10.2017
Springer Nature B.V
Subjects
Appeals
Caseloads
Commercial Law
Court decisions
Courts
Economics
Economics and Finance
European Integration
Judges & magistrates
Judicial process
Law and Economics
Litigation
Public Finance
Welfare
South Korea
K41
H11
Appeal rate
Caseload
Courts of Korea
Court production function
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Summary:Courts of modern democratic societies have generally implemented appeal procedures to correct potential errors in ruling. However, considering the time and effort that both litigants spend, availability of an appeal cannot be better than reaching the correct judgment in the original case. This difficulty raises the policy issue of how to reduce the rate of appeals and improve welfare of litigants. In this paper, we assert that lower caseloads allow judges to expend more time and effort on each case, contributing to lower appeal rates. Analysis of court-level data from Korea corroborates our inference.
ISSN:0929-1261
1572-9990
1572-9346
DOI:10.1007/s10657-016-9544-1