Jin & Kim, PLC | Legal Blog

Short AnswerYes. In Korea, a creditor may be able to freeze a debtor’s bank account before filing a lawsuit by obtaining a court order for provisional attachment.In the case of a bank account, this usually means a provisional attachment of the debtor’s deposit claim against the bank. It is a pre-judgment preservation measure designed to prevent the debtor from disposing of assets while the under..

Short AnswerYes. Under Korean law, a party may claim lost profits as part of damages for breach of contract, tort, or other legally recognized wrongful conduct.However, lost profit damages are often more difficult to recover than direct financial losses. The claimant must show legal liability, causation, foreseeability, and a reasonable basis for calculating the amount of lost profits.What Are L..

Short AnswerYes. A civil claim in Korea may become time-barred if it is not exercised within the applicable statute of limitations.In litigation, the court will typically reject a time-barred claim if the defendant raises the statute of limitations defense, subject to limited exceptions. The applicable period depends on the type of claim, the legal relationship, and the relevant statute.For this..

Short AnswerGenerally, yes. In Korean civil litigation, a plaintiff may amend the relief sought or the cause of action after filing a lawsuit, but only within certain procedural limits.In general, the amendment must be made before the close of oral argument, must not change the basis of the claim, and must not materially delay the proceedings.When Might a Claim Need to Be Amended?A claim may nee..

Short AnswerIt depends.In Korea, recording an employee interview during an internal investigation may be possible, especially where the interviewer is a participant in the conversation.However, employers should be careful.Recording interviews can raise issues under Korea’s Communications Secrets Protection Act and Personal Information Protection Act.The key distinction is between:recording a con..

Short AnswerIf your assets are provisionally attached in Korea, you should act quickly. A provisional attachment can restrict your ability to use bank accounts, receivables, real estate, or other assets before the main dispute is finally decided.However, a provisional attachment does not mean the creditor has already won the case. The debtor may challenge the attachment, seek cancellation, provi..

Short AnswerYes—generally, employers may require departing employees to return company-owned property.This typically includes laptops, mobile phones, tablets, access cards, keys, company credit cards, documents, storage devices, and other business assets.However, employers should distinguish between company property, company data, and employee personal property.Company ownership does not automat..

Short AnswerForeign companies operating in Korea should have employment policies that are localized for Korean labor law, not simply translated from global HR templates.At a minimum, companies should review whether they need:Work RulesCode of ConductDisciplinary PolicyWorkplace Harassment and Sexual Harassment PolicyConfidentiality PolicyIT and Personal Information Protection PolicyInternal Inve..

Short AnswerForeign companies should handle employee misconduct in Korea through a careful, evidence-based, and procedure-sensitive process.In Korea, disciplinary action, including warning, suspension, salary-related sanctions, demotion, or dismissal, generally requires a justifiable reason.If the company decides to dismiss the employee, the dismissal must also satisfy strict legal requirements,..

Short AnswerGenerally, yes.In Korea, employers commonly require employees to sign confidentiality agreements or include confidentiality obligations in employment contracts, work rules, employee handbooks, IT policies, or separate undertakings.However, enforceability depends on the scope, clarity, reasonableness, and the company's legitimate business interests and actual confidentiality practices..