Can a Foreign Company Obtain an Injunction in Korea?

Short Answer

Yes. A foreign company may be able to obtain injunction-type relief in Korea through Korean provisional measures.

In Korean practice, this usually means either provisional attachment for monetary claims or provisional disposition for non-monetary claims and urgent protection of rights.

To obtain this relief, the applicant generally must make a prima facie showing of both the underlying right and the need for preservation. Korean courts may also require security.

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What Is an Injunction in Korea?

Foreign clients often use the word injunction broadly.

Under Korean law, the closest procedures are usually provisional measures, including:

• Provisional attachment for monetary claims
• Provisional disposition for non-monetary claims or temporary protection of rights

If the goal is to preserve money or assets for future recovery, provisional attachment may be more appropriate.

If the goal is to stop conduct, preserve a right, or maintain the status quo, provisional disposition may be more relevant.

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Can a Foreign Company Apply for Provisional Measures in Korea?

Yes.

A foreign company may apply for provisional measures in Korea if there is a sufficient connection to Korea.

Korean courts may have jurisdiction over provisional measures where:

• The Korean court has jurisdiction over the main dispute
• The assets subject to the provisional measure are located in Korea
• Urgent protection is needed in Korea

This can be important even when the main dispute is being handled through foreign litigation or international arbitration.

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What Must Be Shown to Obtain Injunction-Type Relief?

The applicant generally must show two key elements:

• A prima facie right
• A need for preservation

These are separate requirements.

The court does not fully decide the merits at this stage. Instead, the court reviews whether interim protection is justified based on a prima facie showing.

In practice, the application should explain both the legal right being protected and why immediate protection is necessary.

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Is Security Required?

Often, yes.

Korean courts may require the applicant to provide security as a condition for granting provisional measures.

Security is especially important in provisional attachment cases. The court may order security to protect the respondent against potential damages if the provisional measure later proves unjustified.

For foreign companies, security requirements should be considered early because they may affect timing and cost.

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Can an Injunction Be Obtained Before Filing the Main Lawsuit?

Yes.

Provisional measures may be sought before filing the main lawsuit or before commencing arbitration.

However, provisional relief is not completely separate from the main dispute. After a provisional measure is granted, the respondent may ask the court to order the applicant to file the main lawsuit within a set period.

If the applicant fails to do so, the provisional measure may be cancelled.

For this reason, foreign companies should coordinate provisional measures with the broader litigation or arbitration strategy.

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Can Korean Courts Grant Provisional Measures During Foreign Arbitration?

Yes, in many cases.

Even if the contract requires disputes to be resolved by foreign arbitration, a party may still be able to seek provisional attachment or provisional disposition from a Korean court for assets or conduct located in Korea.

For example:

• The contract requires SIAC arbitration in Singapore
• The Korean counterparty has bank accounts, receivables, or business operations in Korea
• The claimant needs urgent relief before the final arbitral award

In that situation, the claimant may consider applying directly to a Korean court for provisional measures.

However, the wording of the arbitration clause should be reviewed carefully. If the contract expressly states that interim or provisional relief may only be sought from the arbitral tribunal or a specific foreign court, this may limit or complicate the availability of Korean court relief.

If an arbitral tribunal has already issued an interim measure, a party may also seek recognition and enforcement of that measure in Korea, subject to Korean law.

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What About Interim Measures Ordered by an Arbitral Tribunal?

In arbitration cases, there are two separate issues.

First, a party may apply directly to a Korean court for provisional measures before or during arbitration.

Second, if an arbitral tribunal issues an interim measure, a party may seek recognition and enforcement of that interim measure in Korea, subject to the requirements of Korean law.

This distinction is important in international arbitration involving Korean assets or Korean parties.

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How Fast Can Injunction-Type Relief Be Obtained?

The timeline depends on the urgency and complexity of the case.

Some urgent applications may proceed relatively quickly, while contested or fact-heavy matters may take longer.

Timing may depend on:

• The strength of the evidence
• Whether the court holds a hearing
• Whether the respondent is heard
• Whether security is required
• The complexity of the requested relief

Because delay can weaken the argument for urgency, early preparation is important.

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What Evidence Is Important?

Evidence is often critical in provisional measure applications.

A foreign company should consider preparing:

• The relevant contract
• Communications between the parties
• Evidence of the right being protected
• Evidence of actual or threatened harm
• Evidence showing urgency
• Evidence showing a connection to Korea
• Corporate documents and authority documents
• Korean translations where necessary

The court must be able to understand quickly why immediate protection is necessary.

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Practical Considerations for Foreign Companies

Before seeking injunction-type relief in Korea, foreign companies should consider:

• Whether the claim is monetary or non-monetary
• Whether provisional attachment or provisional disposition is appropriate
• Whether the requested order is specific enough to enforce
• Whether urgency can be shown
• Whether security may be required
• Whether the main dispute will proceed in Korea or abroad
• Whether the respondent may demand that the main lawsuit be filed

In many cases, provisional measures should be planned together with the broader litigation, arbitration, and enforcement strategy.

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Conclusion

A foreign company may be able to obtain injunction-type relief in Korea through provisional measures.

The key requirements are a prima facie showing of the underlying right and a separate need for preservation. Korean courts may also require security, and the applicant may need to proceed with the main lawsuit or arbitration after provisional relief is granted.

For international disputes involving Korean companies, Korean assets, or urgent conduct in Korea, provisional measures can be an important tool for preserving rights before a final judgment or arbitral award is issued.

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