Jin & Kim, PLC | Legal Blog

Short AnswerYes.Foreigners may file civil lawsuits in Korea. However, in practice, language barriers, procedural requirements, and enforcement issues often make it advisable to work with Korean legal counsel.Can a Foreigner Sue in Korea?Yes. As a general rule, foreign individuals and companies are permitted to initiate civil proceedings in Korean courts.That said, while access to the courts is g..

Short AnswerYes. Depending on the facts, false or misleading statements may support a civil claim in Korea.A party may seek cancellation of a contract for fraudulent inducement, damages under tort law, or damages for breach of contract, depending on how the misrepresentation affected the transaction.However, not every incorrect statement is legally actionable. The key issues are usually what was..

Short AnswerA settlement agreement is generally enforceable under Korean law. If one party fails to perform, the other party may seek performance, damages, or, in some cases, proceed directly with compulsory enforcement.The available remedy depends largely on how the settlement was documented.Is a Settlement Agreement Legally Binding?Yes. A settlement is generally treated as a binding contract u..

Short AnswerYes. In Korean civil litigation, parties may generally submit additional evidence after filing a lawsuit.However, evidence should be submitted in a timely manner. Korean courts may set deadlines for submissions, and late evidence or late arguments may be rejected if they are submitted too late without justification and delay the proceedings.Can Evidence Be Submitted Throughout the La..

Short AnswerYes. A written contract is not always required to bring a contractual claim against a Korean company. Under Korean law, a contract may be formed through a meeting of offer and acceptance, including through emails, purchase orders (POs), invoices, messages, or actual performance.In practice, the key issue is usually not whether a signed contract exists, but whether the existence and s..

Short AnswerKorean courts may consider a wide range of evidence in civil litigation, including contracts, emails, invoices, electronic messages, photographs, videos, recordings, and foreign documents.As a general rule, Korean civil courts do not apply a rigid hierarchy of evidence. Instead, the court evaluates the entire body of evidence based on logic and experience.However, evidence issues may..