Jin & Kim, PLC | Legal Blog

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 AnswerNot always. A foreign company may carry out limited activities in Korea without forming a Korean entity.However, once the activities go beyond preparatory or auxiliary functions and start to constitute a business presence in Korea, the company may face Korean corporate registration and tax issues (e.g., permanent establishment (PE) exposure and VAT considerations).Can a Foreign Compa..

Short AnswerA foreigner can set up a company in Korea by establishing a Korean subsidiary, typically in the form of a stock company (주식회사) or a limited liability company (유한회사).The process generally involves foreign investment reporting, capital remittance, incorporation procedures, post-investment registration, and business registration.Can Foreigners Start a Business in Korea?Yes. Foreign indi..

Short AnswerA liaison office (also known as a representative office) in Korea is a local office established by a foreign company for non-commercial activities.It is intended for preparatory or auxiliary functions and is generally not used for revenue-generating business activities in Korea.What Is a Liaison Office?A liaison office is a form of presence that allows a foreign company to operate in..

Short AnswerYes, in principle. A tenant in Korea is legally entitled to receive the deposit back at the end of the lease.However, in practice, delays and non-payment are common, and recovery may require legal action depending on the landlord’s financial condition and the property’s encumbrances.When Must the Deposit Be Returned?Under Korean law, the landlord is required to return the full deposi..

Short AnswerJeonse is a unique housing system in Korea where a tenant pays a large lump-sum deposit instead of monthly rent.At the end of the lease, the deposit is supposed to be returned in full. However, there are significant legal and financial risks, especially if proper protections are not secured.What Is Jeonse?Jeonse is a lease structure widely used in Korea, including in major cities suc..

Short AnswerYes. Foreigners can buy property in Korea, including in major cities such as Busan, in most cases.However, certain reporting requirements apply within statutory deadlines, and restrictions may exist in limited areas such as military protection zones.Can Foreigners Legally Own Property in Korea?Yes. Under Korean law, foreigners are generally allowed to acquire and own real estate in K..

Short AnswerIt depends. In Korea, being under criminal investigation does not automatically prevent you from leaving the country.However, an exit restriction may be imposed if departure is considered inappropriate for the investigation, in which case you will not be allowed to leave Korea.How Exit Restrictions Work in KoreaIn Korea, exit restrictions are not imposed directly by police or prosecu..

Short AnswerIf you are caught driving under the influence (DUI) in Korea, you may face criminal charges, administrative penalties on your driver’s license, and possible fines or imprisonment.The outcome depends on your blood alcohol level and the specific circumstances of the case.Is DUI a Crime in Korea?Yes. Driving under the influence (commonly referred to as “drunk driving”) is a criminal off..