Jin & Kim, PLC | Legal Blog

Short AnswerIn Korea, property division (재산분할) is based on each spouse’s contribution and overall fairness, rather than strict legal ownership.This means that even if assets are held in one spouse’s name, title is not determinative of how assets may be allocated in property division.In addition, property acquired before marriage or individually may still be considered where the other spouse cont..

Short AnswerIf visitation is refused, you may enforce your visitation rights (면접교섭권) through the Korean Family Court.However, enforcement is not immediate. In practice, court procedures take time, and visitation is implemented gradually based on the best interests of the child.Do Foreign Parents Have Visitation Rights in Korea?Yes. Under Korean law, a non-custodial parent—including foreign paren..

Short AnswerYes. Foreigners can get divorced in Korea if certain jurisdictional requirements are met.In practice, Korean courts often have jurisdiction where one spouse has habitual residence in Korea. However, even if the case is handled in Korea, the applicable law governing the divorce may not be Korean law.When Do Korean Courts Have Jurisdiction?Korean courts may exercise jurisdiction where ..

Short AnswerA civil lawsuit in Korea may take several months to over a year, depending on the complexity of the case. In practice, timelines vary widely, and appeals can extend the overall duration substantially.How Long Does a Civil Lawsuit Take in Korea?The duration of a civil lawsuit in Korea varies depending on the nature of the dispute.In relatively straightforward cases, a first-instance j..

Short AnswerIf a debt is not paid in Korea, the creditor may file a civil lawsuit or rely on another enforceable title, and then pursue enforcement against the debtor’s assets. In practice, the outcome depends largely on the existence and location of assets and the effectiveness of enforcement measures.What Happens If You Don’t Pay a Debt in Korea?If a debtor fails to make payment, the creditor ..

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 AnswerIn international contracts involving Korea, enforcement should be considered at the drafting stage. The key issue is often not whether a contract is valid, but whether it can be effectively enforced against assets in Korea through appropriate jurisdiction, governing law, and dispute resolution clauses.Why Does Enforcement Matter in Contract Drafting?In cross-border transactions, a we..

Short AnswerUnder the Korean Private International Act, a contract is governed by the law expressly or impliedly chosen by the parties (party autonomy). However, an implied choice is recognized only where it can be reasonably inferred from the contract terms and surrounding circumstances. Even where a foreign law is chosen, certain mandatory provisions of Korean law may still apply.How Is Govern..

Short AnswerYes. An English-language contract may be valid and enforceable in Korea. However, enforceability in practice depends on governing law, jurisdiction, compliance with mandatory Korean law, and the ability to prove the contract in Korean court proceedings.When Is an English Contract Enforceable in Korea?Under Korean law, a contract is generally enforceable if:The parties have reached a ..

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..