Jin & Kim, PLC | Legal Blog

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..

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..

Short AnswerThere is no fixed timeline. However, enforcing a foreign judgment or foreign arbitral award in Korea usually requires a separate Korean court procedure before compulsory enforcement can begin.For a foreign judgment, the creditor generally needs a Korean enforcement judgment (exequatur). For a foreign arbitral award, the creditor generally needs a Korean court decision recognizing and..

Short AnswerYes. A foreign company may be required to provide security for litigation costs in Korea if it files a lawsuit as a plaintiff and certain legal requirements are satisfied.This does not happen automatically just because the plaintiff is a foreign company. Korean law focuses mainly on whether the plaintiff has an address, office, or place of business in Korea, and whether security is n..

Short AnswerYes. An international arbitration can generally proceed even if a Korean company does not participate.A respondent cannot usually stop an arbitration simply by ignoring notices, refusing to submit a defense, or failing to attend hearings. The arbitral tribunal may continue the proceedings and issue an award based on the evidence presented.However, the claimant does not automatically ..

Short AnswerYes. A foreign arbitration clause can generally be enforced against a Korean company if there is a valid arbitration agreement.If a Korean company files a lawsuit in Korea despite a valid arbitration clause, the other party may object based on the arbitration agreement. In that case, the Korean court will generally dismiss the lawsuit, unless the arbitration agreement is invalid, ine..

Short AnswerIf you plan to use a Korean document in the United Arab Emirates (UAE), the required authentication process depends on the applicable authentication route, the type of document, and the requirements of the receiving authority.Before preparing your documents, you should confirm whether the UAE currently accepts apostilles for your specific purpose or whether consular legalization or a..

Short AnswerA Korean Power of Attorney (POA) intended for use abroad often requires notarization, followed by either an apostille or consular legalization, depending on the destination country.The required procedure depends on:the destination country;the purpose of the POA;the receiving authority; andlocal authentication requirements.Choosing the correct authentication route before signing the d..

Short AnswerWhen Korean corporate documents are submitted overseas, they often require notarization, an apostille, or consular legalization, depending on the destination country and the receiving authority.There is no universal procedure. The required authentication depends on:the destination country;the type of corporate document;the purpose of the submission; andthe requirements of the receivi..

Short AnswerTo use Korean-issued documents abroad, they will often require notarization, an apostille, or consular legalization, depending on the destination country, the type of document, and the receiving authority.There is no universal authentication procedure. The correct process depends on:the destination country;the document type;the purpose of the document; andthe requirements of the rece..