Jin & Kim, PLC | Legal Blog

Short AnswerYes. Before a divorce is finalized, a spouse may, in appropriate circumstances, ask a Korean court to issue provisional measures to preserve assets. In practice, this usually involves seeking a Provisional Attachment (가압류) or a Preliminary Injunction (가처분) over specified assets or legal rights.The term "freeze assets" is often used in everyday language, but Korean law does not impose..

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..