Jin & Kim, PLC | Legal Blog

Short AnswerGenerally, not without agreement. A Korean supplier cannot automatically increase the contract price simply because raw material costs, labor costs, exchange rates, transportation costs, energy prices, or production expenses increased after the contract was signed.In most commercial contracts, the supplier remains bound by the agreed price unless the contract contains a price adjustm..

Short AnswerPotentially, yes. A force majeure clause may excuse, suspend, or delay contractual performance under Korean law, depending on the wording of the contract and the facts of the case.However, force majeure is not automatically recognized simply because an unexpected event occurred. The affected party generally needs to show that the event was outside its control, not reasonably foreseea..

Short AnswerYes, potentially. Under Korean law, the absence of a detailed liability clause does not automatically prevent a party from recovering damages for breach of contract.If a party fails to perform its contractual obligations, the other party may generally seek damages under Korean Civil Act principles. However, the recoverable amount will depend on the type of loss, causation, foreseeabi..

Short AnswerOwnership of custom designs, drawings, computer-aided design (CAD), tooling, molds, jigs, fixtures, manufacturing know-how, test data, and improvements is not automatically decided simply by who paid for the manufacturing project.In manufacturing relationships involving Korean companies, ownership and use rights depend on the contract, the type of asset involved, the parties’ contrib..

Short AnswerIt depends. If you are filing for divorce in Korea, your spouse may need to be served outside Korea in accordance with Korean procedural law, applicable international treaties, and the law of the country where the documents will be served.Whether international service is required first depends on whether the Korean court has jurisdiction over the divorce. If jurisdiction exists, the ..

Short AnswerMore than one country may have jurisdiction over an international divorce. Whether a Korean court may hear the case depends on the rules of Korea's Act on Private International Law, including both its general jurisdiction principles and the special jurisdiction rules for matrimonial proceedings.In many international divorce cases, jurisdiction does not depend solely on nationality or..

Short AnswerIt depends. A foreign child custody order is not self-executing in Korea. Whether it has legal effect depends on whether it satisfies the requirements for recognizing foreign judgments under Article 217 of the Korean Civil Procedure Act, and practical enforcement may require additional proceedings before a Korean Family Court.Recognition of a foreign custody judgment and its practica..

Short AnswerIn many cases, yes. Foreign heirs can often complete a Korean inheritance without traveling to Korea by appointing a Korean attorney or other authorized representative through a properly executed Power of Attorney (POA).However, cross-border inheritance involves much more than signing a POA. Questions involving applicable law, document authentication, succession registration, inherit..

Short AnswerBefore signing a lease or purchase contract in Korea, foreigners should review the Korean real estate registry. This document is commonly called a real estate registry extract (부동산등기부등본), although the official document is generally referred to as a certificate of registered matters.The registry helps confirm the registered owner, mortgages, attachments, provisional attachments, trust..