Ask Korea Law

Published by Chung & Partners


1 Comment

Recognition and Enforcement of Foreign Judgments in South Korea

Let’s say you obtained damages recovery judgment from a U.S. court against a Korean residing in the states.  Soon after your excitement for the winning judgment, however, you found he had no assets in the states to fulfill your judgment.  This could also happen in a litigation between U.S. citizens in a U.S. court where the losing defendant moved to South Korea and there are no assets left in the U.S.  You might have spent quite large amount of legal fees to win the judgment already, but you think your judgment is now in great peril to become useless.  This horrible situation might frustrate you.

But, don’t worry too much.  You can enforce your duly obtained U.S judgment in Korea.  If you are sure the defendant has enough assets to cover your claims in the judgment and your legal fees, you are encouraged to file for an enforcement order for foreign judgment to a Korean court.

According to Article 218 of Civil Procedure Act of South Korea, a final and conclusive judgement by a foreign court shall be recognized and enforceable in Korea, when all the following requirements are met:

  1. the foreign court which issued the judgment had a jurisdiction over the case consistent with the principles of jurisdiction under Korean law and relevant international treaty;
  2. the defeated party received, in a timely manner, a service of complaint and summons by lawful method excluding a service by public notice, or that she responded to the lawsuit Continue reading


Leave a comment

Provisional Attachment of Assets under Korean Law – How to Secure Your Monetary Claim in Korea

Let’s assume a creditor has a monetary claim against a debtor in Korea but the debtor refuses to pay it.  The creditor would proceed to file a lawsuit to get a judgment to collect his claim.  Unfortunately, however, the chances are that, knowing the complaint was filed, the debtor would try to conceal or transfer his assets to evade from the judgment to be made later.  This shows why provisional attachment is highly required to secure the judgment to be obtained.

Provisional attachment is a judicial measure available to anyone who has a monetary claim to lock down certain assets to keep the debtor from selling or giving them away until the court issues a judgment on the merit. The creditor can, and usually does, seek a provisional remedy before she files a complaint on the merit.  So, this is a very powerful weapon for the creditor.  For example, as many Korean creditors do, if the creditor succeeds in putting a provisional attachment on the debtor’s bank account, the debtor would not be able to use the money and could face several penalties regarding its banking/financing transactions with the bank.  This could heavily deteriorate the ability for a small com­pany to con­duct business, which makes the debtor Continue reading


17 Comments

Introduction to the Deportation or Removal Order and How to Appeal the Order in Korea

그림 2In South Korea, the immigration office may remove or deport from South Korea any person who breached the Immigration Control Act(“ICA”) of South Korea.  Any person who is released after receiving a sentence of imprisonment without prison labor or heavier punishment may be deported by the deportation order as well.

When the immigration officer reasonably finds a foreigner falling under the requirements for the deportation and risk of her running away, the officer can detain the person with approval from the head of immigration office.  The duration of detention cannot exceed 10 days, which can be renewed up to 10 more days.  During this detention, the officer interviews and decides whether to deport the individual or not.

When the immigration officer decides to deport a foreigner, the officer shall deliver the deportation order to the foreigner and immediately take action to make the person leave South Korea.  But, when the individual files a claim for refugee protection, the deportation order cannot be executed until the refugee claim is decided by the Korean authority.

Then, can you appeal the deportation order issued by the Korean immigration office?  Yes, you can.  There are two possible ways to stop the deportation.  First, Continue reading


1 Comment

[Q&A] Can an Employer Ban Its Employee from Having an Additional Job under Korean Labor Law?

Basically Korean labor Law doesn’t regulate employee’s having concurrent and/or additional job.  However, most employment agreements(EA) prohibit employees from having additional jobs.  So there have been many cases where employers fire employees based on his or her breach of prohibition of additional job clause in EA.

In this regard, the court’s standpoint is that as having additional job is a matter of privacy Continue reading


Leave a comment

HSBC, “No More Bid for Korean Bank”

It is reported that Mr. Matthew Deakin, the president of the HSBC Korea, said on last Wednesday that HSBC Holdings Plc had no plan to acquire a local Korean bank for now.  Last year, HSBC walked away from the deal with the Lone Star, a U.S. private equity fund, which provided HSBC the right to buy 51 percent stake of Korea Exchange Bank due to the global financial crisis and continued legal disputes surrounding the 2003 purchase of the bank by Lone Star Funds. (Here is a related previous post)

Things have changed.  The Seoul Central District Court in last November ruled the purchase legal, and as the financial markets are now stabilizing.  But Mr. Deakin, at the press conference which took place for the purpose of introducing the bank’s new Emerging Markets Index, said “right now, we have no interest in any acquisition of Korean banks”.

Here is a related news article.


1 Comment

[Q&A] Employee’s Act of Adultery and Its Legal Implication to the Employer under Korean Law

We’ve been asked about a criminal charge against an adultery under Korean criminal law quite often.  Foreign employees in Korean should be cautious that adultery is a crime under Korean law.  Here is a real example of such a case where a foreign officer committed an adultery and the company(employer)’s legal concern made them ask for some legal consultation to our law firm regarding the adultery law and criminal law process in Korea.

Q) Mr. XX, who is a head director of our company, committed an adultery and was charged by the Korean prosecutor.  He has confessed his guilty and the prosecutor demanded one year’s imprisonment for his crime to the court.  If the court finalizes that Mr. XX is guilty, does that mean Mr. XX will be imprisonment for one year or lesser?

A) Finding guilty does not always mean Mr. XX will be imprisoned.  The Court may SUSPEND the imprisonment for certain years even though Mr. XX is guilty.  The Korean Criminal Act provides that a married person who commits adultery shall be punished by imprisonment for not more than two years.  However, the Act also provides the execution of the sentence for an adultery can be Continue reading


Leave a comment

Chung & Partners Successfully Represented Renowned U.S company in Policing Intellectual Property in Korea

Recently, Mr. Wonil Chung, a partner at Chung & Partners, has successfully represented NHS, Inc., an internationally renowned U.S. company which sells skateboards, apparel under various trademarked brand worldwide, in policing their trademark in South Korea.  NHS, Inc. and its Korean distributor had found that counterfeits of SantaCruz, one of the NHS, Inc.’s premium brand, had been made and sold in numerous online shopping mall sites in Korea.  They requested Mr. Wonil Chung to stop them from selling the counterfeits.  Mr. Wonil Chung sent cease and desist letters to the online shopping sites which sold the counterfeits, notifying Continue reading