Jin & Kim, PLC | Legal Blog

Short AnswerPossibly.Whether an emergency arbitrator order can be enforced in Korea is not always straightforward. Under the Korean Arbitration Act, Korean courts may recognize and enforce certain interim measures issued by an arbitral tribunal, but the treatment of emergency arbitrator orders may depend on the specific circumstances.As a result, parties should not assume that an emergency arbit..

Short AnswerYes. A foreign company may be able to freeze assets located in Korea before obtaining a final judgment or arbitral award and may later seize and recover those assets through enforcement proceedings.Under Korean law, these are generally two different stages. Before obtaining an enforceable judgment or arbitral award, a creditor may seek provisional measures to preserve assets. After o..

Short AnswerCompanies should preserve potentially relevant documents and electronic data, but they should also understand which authority is conducting the investigation and what legal procedure is being used.Different authorities have different powers regarding document requests, on-site inspections, electronic evidence, and criminal search and seizure. Companies should avoid destroying documen..

Short AnswerIt depends.Whether Korean authorities may enter your office without a warrant depends on who is conducting the investigation and what legal procedure is being used.In general, criminal search and seizure by prosecutors or police requires a court-issued warrant. By contrast, many administrative inspections by regulatory authorities may allow on-site entry and document review without a..

Short AnswerYes, potentially. However, whether attendance is mandatory, whether you may have legal counsel present, and what happens if you decline depend largely on which authority is conducting the investigation and which legal procedure applies.A request from the Korea Fair Trade Commission (KFTC) or another regulatory authority is different from questioning by Korean prosecutors or police in..

Short AnswerYes, potentially. However, whether attendance is mandatory depends on which authority is conducting the investigation and what legal procedure is being used.An interview request from the Korea Fair Trade Commission (KFTC), the Personal Information Protection Commission (PIPC), or another regulatory authority is different from questioning by Korean prosecutors or police in a criminal ..

Short AnswerYes, potentially.In Korea, the police may seek access to email, social media accounts, or other online communications during a criminal investigation.However, they cannot freely access private accounts simply because an investigation exists.The legal requirements depend on:What type of data is being soughtWhether the data is stored on a device, cloud account, or remote serverWhether ..

Short AnswerYes, but not automatically.In Korea, the police may search an office or workplace during a criminal investigation, but they generally need a court-issued search and seizure warrant.In practice, disputes often arise not only over whether a warrant exists, but also over the scope of the warrant and how it was executed.Important issues may include:Whether the warrant was properly presen..

Short AnswerYes, potentially.Foreign nationals may be granted bail in Korea.However, bail is not automatic, and it is generally a court-ordered release mechanism for a detained defendant after indictment.Whether bail is granted depends on the case, the statutory grounds for detention, the risk of flight, the risk of destroying evidence, and the court’s ability to secure the defendant’s future ap..

Short AnswerSometimes.In Korea, reaching a settlement with the victim can be very important in a criminal case.However, settlement does not automatically mean that the case will be dropped.The legal effect depends mainly on:The type of offenseWhether the offense requires a criminal complaintWhether the victim’s intent to punish has legal effectThe stage of the caseWhether the proper document is ..