How Can You Enforce a Foreign Judgment in Korea?

Short Answer

Yes. A foreign judgment may be recognized and enforced in Korea if certain legal requirements are satisfied. While recognition may occur if statutory conditions are met, enforcement against assets in Korea requires obtaining an enforcement judgment (exequatur) from a Korean court.

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Can a Foreign Judgment Be Enforced in Korea?

A foreign judgment is not automatically enforceable in Korea.

Under Korean law, if certain conditions are satisfied, a foreign judgment may be recognized (i.e., given legal effect). However, to enforce the judgment against assets in Korea, the judgment creditor must obtain an enforcement judgment (exequatur) from a Korean court.

The enforcement process does not involve a re-examination of the merits of the foreign judgment.

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What Are the Requirements for Recognition in Korea?

A foreign judgment may be recognized in Korea if the following conditions are satisfied:

(1) International Jurisdiction

The foreign court must have had jurisdiction under principles acceptable from a Korean perspective.
This is generally assessed based on whether the dispute has a substantial connection to the foreign forum.

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(2) Proper Service and Opportunity to Be Heard

The defendant must have been properly served and given a reasonable opportunity to respond.

Improper service—particularly in cross-border cases—may lead to refusal of recognition.

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(3) Final and Conclusive Judgment

The judgment must be final and no longer subject to ordinary appeal in the foreign jurisdiction.

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(4) Reciprocity

There must be reciprocity between Korea and the country where the judgment was issued, meaning that Korean judgments would be recognized under similar conditions in that jurisdiction.

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(5) Public Policy

Recognition may be denied if the judgment violates Korean public policy.

This may include situations where:

• The proceedings were fundamentally unfair
• Basic due process principles were not respected
• The outcome is clearly incompatible with fundamental legal principles in Korea

In addition, for foreign judgments involving damages, Korean courts may refuse recognition in whole or in part where the awarded damages are excessively punitive or otherwise inconsistent with fundamental legal principles.

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What Is the Enforcement Process in Korea?

To enforce a foreign judgment in Korea, the judgment creditor must:

• File a lawsuit seeking an enforcement judgment (exequatur)
• Submit the foreign judgment and proof of its finality
• Provide supporting documents, which may need to be translated into Korean
• Demonstrate that the statutory requirements for recognition are satisfied

If the court grants the enforcement judgment, the creditor may proceed with enforcement measures such as attachment or execution against assets in Korea.

The Korean court does not review whether the foreign judgment was substantively correct.

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Key Practical Considerations for Enforcement in Korea

Service of Process Is Often Critical

Defects in service are a common reason for refusal of recognition.
Compliance with applicable international service rules is important.

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Documentation and Translation

Foreign judgments and related documents will often need to be:

• Authenticated or apostilled, depending on the jurisdiction
• Translated into Korean where required

Specific requirements may vary depending on the case.

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Timeline May Vary

The duration of recognition and enforcement proceedings in Korea may vary depending on the complexity of the case and procedural factors. Cross-border elements may extend the timeline.

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Conclusion

Foreign judgments can be recognized and enforced in Korea if statutory requirements are satisfied. While recognition may arise as a matter of law, enforcement requires obtaining an enforcement judgment from a Korean court.

In cross-border disputes involving Korea, enforcement strategy—particularly with respect to jurisdiction, service of process, and the nature of the judgment—should be carefully considered at an early stage.

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