Jin & Kim, PLC | Legal Blog

Short AnswerIf a Korean company enters rehabilitation or bankruptcy during an international dispute, your legal strategy may need to change immediately.Depending on the type and stage of the insolvency proceeding, litigation, arbitration, enforcement, and asset recovery may be suspended, restricted, or become subject to Korean insolvency procedures.Acting quickly is often critical. A creditor ma..

Short AnswerThere is no universal answer.In cross-border disputes involving Korea, the better choice between litigation and arbitration depends mainly on where enforcement will be needed, where the counterparty’s assets are located, whether urgent provisional measures are required, and whether finality or appellate review is more important.In many cases, the key question is not simply “Which for..

Short AnswerThe most common mistakes in international disputes involving Korea are focusing only on liability, reviewing the dispute resolution clause too late, ignoring enforcement and asset preservation, underestimating Korean procedural requirements, and failing to secure evidence early.In cross-border disputes, the legal merits are only one part of the strategy. A foreign company should also..

Short AnswerPossibly.Whether an emergency arbitrator order can be enforced in Korea is not always straightforward. Under the Korean Arbitration Act, Korean courts may recognize and enforce certain interim measures issued by an arbitral tribunal, but the treatment of emergency arbitrator orders may depend on the specific circumstances.As a result, parties should not assume that an emergency arbit..

Short AnswerYes. A foreign company may be able to freeze assets located in Korea before obtaining a final judgment or arbitral award and may later seize and recover those assets through enforcement proceedings.Under Korean law, these are generally two different stages. Before obtaining an enforceable judgment or arbitral award, a creditor may seek provisional measures to preserve assets. After o..

Short AnswerYes. A foreign arbitral award can generally be enforced in Korea if it meets the requirements under Korean law and applicable international conventions.In practice, enforcement is typically granted unless there are procedural defects, due process issues, or public policy concerns. However, the applicable framework may differ depending on whether the award falls within the scope of th..

Short AnswerIt depends. Litigation in Korean courts may be more appropriate where enforcement is expected in Korea, while arbitration is often used in cross-border contracts due to neutrality and potential advantages in international enforceability. The optimal choice depends on enforcement strategy, the location of assets, and the terms of the contract.What Is the Difference Between Arbitration..

Short AnswerYes. 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.Can a Foreign Judgment Be Enforced in Korea?A foreign judgment is not automatically enforceable in Korea...

Short AnswerYes. Foreign individuals and companies may file civil lawsuits in Korea, provided that Korean courts have jurisdiction over the dispute. In many cases, the process can be handled through Korean counsel without requiring the foreign party to travel to Korea. However, depending on the circumstances, certain procedural requirements—such as providing security for litigation costs or subm..

Short AnswerYes. 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..