Jin & Kim, PLC | Legal Blog

Short AnswerYes. In Korea, a person may be subject to an exit ban or related departure restriction during a criminal investigation under certain legal circumstances.However, being contacted by the police or becoming involved in an investigation does not automatically mean that you cannot leave Korea. In practice, the existence, timing, and scope of any restriction depend on the seriousness of th..

Short AnswerStay calm and verify the situation before responding.In Korea, being contacted by the police does not automatically mean that you will be arrested or charged. However, police contact—whether by phone, message, or written notice—may form part of a formal investigative process, and how you respond can affect the course of the case.Why the Police May Contact YouThe police may contact yo..

Short AnswerNot without legal grounds.In Korea, the police generally require a court-issued warrant to search a mobile phone.However, access may occur through voluntary submission (consent) or in limited legally defined urgent situations, and any digital evidence is typically handled through procedurally regulated forensic examination.Do the Police Need a Warrant to Search Your Phone?In principl..

Short AnswerPartially. In Korea, the losing party may be required to reimburse a portion of the winning party’s legal fees, but not the full amount actually paid.Recoverable attorney’s fees are determined under court-prescribed guidelines, within the amount actually paid or payable, and may be subject to limited judicial adjustment.Are Legal Fees Fully Recoverable?No. Korean law does not general..

Short AnswerDebt recovery in Korea depends on whether a creditor can identify, specify, and enforce against the debtor’s assets.A judgment or arbitral award alone does not result in payment. In practice, recovery is achieved only through enforcement against identifiable assets.Why Asset Identification MattersUnder Korean law, enforcement is fundamentally asset-based.A judgment or arbitral award ..

Short AnswerDebt collection in Korea generally follows a structured process of demand, court procedures, and enforcement.In many cases, creditors proceed through payment orders or civil litigation, and once an enforceable title is obtained, recovery is made through compulsory enforcement against the debtor’s assets. Where necessary, provisional attachment (가압류) may be used to secure assets befor..

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 AnswerLiability for cargo damage in Korea depends on who assumed the role of carrier, the terms of the transport contract, and when and how the damage occurred.In many cases, the contractual carrier is primarily responsible. However, liability may also involve freight forwarders, subcontractors, or other parties, and may be limited under applicable law and contract terms.Who Can Be Liable ..

Short AnswerIn Korea, a vessel may be sold through a judicial auction as part of enforcement proceedings.In most cases, particularly for unsecured claims, a creditor will typically need to obtain an enforceable judgment or title, after which the vessel may be sold through court-supervised procedures. The outcome depends on priority of claims, procedural compliance, and market conditions.What Is ..

Short AnswerYes. In Korea, a vessel can be “arrested” through a court-ordered provisional attachment (선박가압류) to secure a monetary claim.In practice, vessel arrest is a widely used and effective tool in maritime disputes. It may be used proactively by a creditor or encountered defensively by a vessel owner, and its impact depends on the nature of the claim, method of enforcement, and procedural r..