{"id":143094,"date":"2026-07-10T11:10:29","date_gmt":"2026-07-10T11:10:29","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=143094"},"modified":"2026-07-10T14:12:42","modified_gmt":"2026-07-10T14:12:42","slug":"south-korea-litigation","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/south-korea-litigation\/","title":{"rendered":"South Korea: Litigation"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-143094","comparative_guide","type-comparative_guide","status-publish","hentry","guides-litigation","jurisdictions-south-korea"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Bae, Kim &amp; Lee LLC<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/07\/BKL-logo_Eng_vertical-type.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Bae, Kim &amp; Lee LLC<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/07\/BKL-logo_Eng_vertical-type.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Litigation laws and regulations applicable in South Korea<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main methods of resolving disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main methods of resolving disputes in South Korea are litigation, arbitration, mediation.<\/p>\n<p>Litigation before the courts is the most common method. Civil disputes are primarily governed by the Civil Procedure Act, and parties may bring claims before the ordinary courts of general jurisdiction. The court system provides a structured, three-instance framework (trial, appellate and supreme court levels) for the resolution of commercial disputes.<\/p>\n<p>Arbitration is widely used for international commercial disputes and is governed by the Arbitration Act, which was substantially amended in 1999 to adopt the UNCITRAL Model Law on International Commercial Arbitration and further amended in 2016 to incorporate the 2006 Revised UNCITRAL Model Law. The Korean Commercial Arbitration Board (KCAB) is the primary arbitral institution, and Seoul is increasingly recognised as an arbitration-friendly seat.<\/p>\n<p>Mediation is also available both within and outside court proceedings. Court-annexed mediation may be initiated by the court or requested by the parties under the Judical Conciliation of Civil Disputes Act. If the parties reach an agreement through court mediation, the settlement has the same effect as a final and binding judgment<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main procedural rules governing litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The principal procedural statute governing civil litigation in South Korea is the Civil Procedure Act, supplemented by the Civil Procedure Rules issued by the Supreme Court. These rules regulate all aspects of civil proceedings, including commencement of actions, service, pleadings, evidence, hearings, judgments and appeals.<\/p>\n<p>For matters involving enforcement of judgments and court orders, the Civil Execution Act applies.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Korean court system is organised in a three-tier structure.<\/p>\n<p>At the first instance level, District Courts have general jurisdiction over civil, criminal and commercial matters. There are 18 District Courts nationwide, together with their branch courts.<\/p>\n<p>The allocation of cases between a single judge and a collegiate panel of three judges, and the identity of the appellate court, depends on the amount in controversy. For claims not exceeding KRW 200 million, the first instance is heard by a single judge of the District Court, and appeals are heard by the appellate division of the District Court. By statutory exception, certain categories of claims (such as those relating to promissory notes) follow this track regardless of the amount in controversy. For claims exceeding KRW 200 million but not exceeding KRW 500 million, the first instance is by a single presiding judge of the District Court, but appeals lie to the High Court. For claims exceeding KRW 500 million, the first instance is heard by a collegiate panel of three judges at the District Court, and appeals likewise lie to the High Court.<\/p>\n<p>In addition, Korea has specialised courts dealing with particular categories of claims requiring specialised expertise, including Family Courts (domestic relations), Administrative Courts, Bankruptcy Courts, and the Patent Court. Proceedings in these courts likewise follow the three-tier appellate structure. Pursuant to recent legislative amendments, a new specialised court, the Maritime and International Commercial Court, is expected to be established by 1 March 2028, with jurisdiction over maritime civil and administrative cases and cross-border commercial disputes.<\/p>\n<p>The Supreme Court is the final court of appeal. It reviews questions of law only and does not re-examine findings of fact, unless there is a manifest error of law in the evaluation of evidence.<\/p>\n<p>Separately from the three-tier judicial system described above, Korea has a Constitutional Court, a separate and final adjudicatory body with jurisdiction over constitutional review and its judgments are not subject to appeal.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it typically take from commencing proceedings to get to trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The duration of civil proceedings in Korea varies depending on the complexity of the case, the court and the amount in controversy.<\/p>\n<p>As a general guide, it typically takes approximately 4\u20136 months from the filing of a complaint to the first hearing. Korea follows a serial trial system where short hearings are held every few weeks rather than one continuous trial. In total, straightforward commercial disputes at first instance typically take between 12 and 18 months from the filing of the complaint to the rendering of judgment. More complex cases, particularly those involving extensive documentary evidence, expert opinions or multiple parties, may take between 18 and 30 months.<\/p>\n<p>Appeals before the High Court generally take an additional 8 to 12 months, and proceedings before the Supreme Court typically take 6 to 12 months, although complex cases may take longer.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Article 109 of the Constitution of the Republic of Korea, trials and judgments of all courts must be open to the public. This principle is also reflected in Article 57 of the Court Organisation Act.<\/p>\n<p>However, there are exceptions. The court may close proceedings to the public where there is a risk of harm to national security, public safety or public morals. Even where proceedings are closed, judgments must always be pronounced in open court.<\/p>\n<p>As regards court documents, access to case files by non-parties is restricted. Under Article 163 of the Civil Procedure Act, third parties may inspect or copy court records only with the permission of the court. However, judgments rendered by the courts are generally available to the public, and the Supreme Court publishes significant judgments in its official law reports and online database.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the relevant limitation periods in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Limitation periods in South Korea are governed primarily by the Civil Act, Commercial Act \u00a0and various special statutes.<\/p>\n<p>The general limitation period for civil claims is 10 years from the date on which the right could first be exercised (Article 162 of the Civil Act). However, shorter limitation periods apply in many cases. Commercial claims under the Commercial Act are subject to a general limitation period of 5 years (Article 64 of the Commercial Act).<\/p>\n<p>Specific shorter limitation periods include: claims for wages and salary (3 years); claims arising from tort (3 years from knowledge of the damage and the identity of the tortfeasor); claims for interest, rent, and other periodic payments (3 years); and claims for construction defects (ranging from 5 to 10 years depending on the type of structure).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>South Korean law does not impose general pre-action conduct requirements equivalent to a pre-action protocol. There is no mandatory obligation to send a letter before action or to engage in alternative dispute resolution before commencing proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Civil proceedings in South Korea are commenced by filing a complaint with the competent court. The complaint must set out the identity of the parties, the claim sought, the factual and legal basis for the claim, and the evidence upon which the claimant relies. Court fees (\uc778\uc9c0\ub300) must be paid upon filing, calculated as a percentage of the amount in controversy.<\/p>\n<p>Service of process is carried out by the court, not by the parties. Upon receipt of the complaint, the court examines it for formal deficiencies and, if satisfied, serves a copy on the defendant together with a notice requiring the filing of a written answer within 30 days.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine whether it has jurisdiction over a claim in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Korean courts determine jurisdiction on the basis of the provisions of the Civil Procedure Act.<\/p>\n<p>In domestic cases, jurisdiction is primarily determined by reference to the defendant&#8217;s domicile (Article 2 of the Civil Procedure Act). Special jurisdiction rules apply in certain cases: for example, claims in tort may be brought before the court in whose district the tortious act occurred (Article 18); claims arising out of contract may be brought before the court at the place of performance (Article 8); and claims concerning immovable property must be brought before the court in whose district the property is situated (Article 20).<\/p>\n<p>The defendant may challenge jurisdiction by raising a jurisdictional objection before filing a defence on the merits. If the defendant submits to the jurisdiction by participating in the proceedings without objection, the court is deemed to have jurisdiction by consent.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine which law governs the claims in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The applicable law in cases involving a foreign element is determined by the Act on Private International Law, which entered into force on 1 July 2001 and was most recently amended in 2022. The 2022 amendment introduced comprehensive rules on international jurisdiction while retaining the choice-of-law provisions.<\/p>\n<p>For contractual claims, the governing law is the law chosen by the parties (Article 45). In the absence of a choice of law, the contract is governed by the law of the country most closely connected with the contract (Article 46), which is generally presumed to be the law of the habitual residence of the party performing the characteristic obligation.<\/p>\n<p>For non-contractual obligations (tort), the applicable law is the law of the place where the tortious act occurred or where the result occurred (Article 52). However, where both parties have their habitual residence in the same country, the law of that country applies. Where a tort arises in connection with a pre-existing contractual relationship between the parties, the law governing that contract applies to the tort (the principle of accessory or dependent connection, Article 52(3)).<\/p>\n<p>For matters relating to property, Korean law distinguishes between movable and immovable property. Immovable property is governed by the lex situs (Article 33). The formal and substantive validity of contracts is also subject to choice-of-law rules.<\/p>\n<p>Korean courts will not apply foreign law where its application would be manifestly contrary to the public policy of Korea (Article 23). In addition, overriding mandatory provisions of Korean law apply regardless of the governing law where their legislative purpose so requires (Article 20).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Korean procedural law provides several mechanisms by which claims may be resolved without a full trial.<\/p>\n<p>First, the court may render a judgment on the pleadings under Article 257 of the Civil Procedure Act where the defendant fails to file a written answer. In such cases, the court may accept the claimant&#8217;s factual allegations as true and enter a default judgment.<\/p>\n<p>Second, parties may reach a judicial settlement at any stage of the proceedings. Such settlement has the same effect as a final judgment.<\/p>\n<p>Third, the court may, on its own motion or at the request of the parties, refer the case to mediation under the Judicial Conciliation of Civil Disputes Act. If mediation succeeds, the resulting settlement is equivalent to a final judgment.<\/p>\n<p>There is no direct equivalent to summary judgment as understood in common law jurisdictions. However, a claim that is manifestly without legal merit may be dismissed at a relatively early stage following an abbreviated hearing.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the main types of interim remedies available in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Korean law provides a range of interim remedies under the Civil Execution Act.<\/p>\n<p>The main types of interim remedies are provisional seizure and provisional disposition.<\/p>\n<p>Provisional seizure is available to preserve the enforcement of monetary claims by preventing the debtor from disposing of or concealing assets. It may attach to immovable property, movable property, claims, or other rights of the debtor.<\/p>\n<p>Provisional dispositions are available in respect of non-monetary claims and serve two main purposes: (i) preserving the subject matter of the dispute, for example restraining the transfer of specific property; and (ii) determining provisional legal relations to avoid irreparable harm or danger, such as interim injunctions restraining certain conduct.<\/p>\n<p>To obtain interim relief, the applicant must demonstrate (i) the existence of a right to be preserved and (ii) the necessity for preservation, meaning that without the interim remedy there is a risk of irreparable harm or that enforcement of a future judgment would be frustrated. The standard of proof is one of prima facie showing, which is lower than the standard of full proof required at trial.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>After the complaint is filed and served, the defendant must file a written answer within 30 days of service. Failure to file an answer may result in a default judgment.<\/p>\n<p>Thereafter, the parties typically exchange preparatory briefs setting out their respective legal arguments and factual contentions in detail. There is no fixed limit on the number of preparatory briefs that may be filed, but the court actively manages the proceedings and may set deadlines for submissions.<\/p>\n<p>The usual timetable is as follows: after the defendant files its answer, the court will schedule the first hearing date (typically within 12 to 16 weeks). The court then sets a schedule for the exchange of preparatory briefs and evidence, usually allowing intervals of four to six weeks between hearings. After the completion of the evidentiary phase, the court will set a date for closing arguments and judgment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Korean law does not have a broad pre-trial discovery or disclosure regime comparable to those found in common law jurisdictions.<\/p>\n<p>Instead, parties may request the court to order the production of specific documents under Articles 344 to 352 of the Civil Procedure Act. A party seeking production must identify the document with reasonable specificity and demonstrate its relevance to the issues in dispute. If the court grants the request, the opposing party is obliged to produce the document. Unjustified refusal may result in the court accepting the requesting party&#8217;s assertions about the contents of the document as true.<\/p>\n<p>Certain categories of documents are exempt from production orders. These include documents containing trade secrets, or matters subject to professional privilege (such as communications between attorney and client). In this regard, it is noteworthy that, on 29 January 2026, the National Assembly of Korea passed an amendment to the Attorney-at-Law Act codifying attorney-client privilege (ACP). Under the amendment, attorneys and clients may refuse to disclose documents or materials prepared in connection with litigation, investigations, or regulatory examinations in matters for which counsel has been retained, subject to certain statutory exceptions.<\/p>\n<p>The court has discretion to balance the interests of the parties in determining whether to order production.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and\/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Witness evidence in Korea is primarily given orally at hearings before the court. Witnesses are examined in court under oath, and the court itself plays an active role in questioning witnesses.<\/p>\n<p>The typical procedure for witness examination is as follows: the party calling the witness conducts direct examination, followed by cross-examination by the opposing party, and then re-examination if necessary. Judge may also put questions to the witness at any stage.<\/p>\n<p>In practice, written witness statements are frequently submitted in advance of the oral hearing and are treated as documentary evidence. However, the court generally requires the witness to appear for oral examination, particularly where the opposing party contests the contents of the written statement.<\/p>\n<p>Party examination is also available, whereby the parties themselves may be examined in a manner similar to witness examination.<\/p>\n<p>Depositions in the common law sense (i.e. pre-trial oral testimony taken under oath outside the court) do not exist in South Korea.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Expert evidence is permitted and commonly used in Korean civil proceedings.<\/p>\n<p>The primary mechanism for expert evidence is court-appointed expert appraisal. Under Articles 333 to 342 of the Civil Procedure Act, the court may appoint an expert to provide an opinion on matters requiring specialised knowledge. Court-appointed experts owe a duty to the court and must provide objective and impartial opinions. They are required to take an oath of impartiality and may be subject to sanctions for providing false opinions.<\/p>\n<p>In addition to court-appointed experts, parties frequently submit private expert reports as documentary evidence in support of their case. While such reports carry less weight than court-appointed expert opinions, they may be considered by the court and can influence the decision to appoint a formal court expert.<\/p>\n<p>The court has wide discretion in determining whether to appoint an expert, the scope of the expert&#8217;s instructions, and the weight to be given to the expert&#8217;s opinion. The parties may submit questions to be addressed by the expert and may challenge the expert&#8217;s qualifications or findings.<\/p>\n<p>In complex commercial disputes, particularly those involving construction, medical malpractice, intellectual property, expert evidence often plays a decisive role.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, both final and interim judgments are subject to appeal in Korea.<\/p>\n<p>Final judgments of the District Court may be appealed within two weeks of the date on which the judgment is served on the party (Article 396 of the Civil Procedure Act). The appeal is a full rehearing on both facts and law, and new evidence may be submitted at the appellate stage.<\/p>\n<p>Judgments of the appellate court may be further appealed to the Supreme Court within two weeks of service. Appeals to the Supreme Court are limited to questions of law, including violation of the Constitution, statutes or precedent, or where there is a manifest error of law affecting the conclusion of the judgment. Judgment rendered by the Supreme Court are final and not subject to further appeal.<\/p>\n<p>Interim judgments, such as judgments on provisional seizure and provisional disposition, may be challenged by way of objection.\u00a0 A party dissatisfied with the judgment rendered in the objection proceedings may further appeal the judgment to a higher court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules governing enforcement of foreign judgments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Foreign judgments may be recognised and enforced in Korea under Article 217 of the Civil Procedure Act (for recognition) and Articles 26 and 27 of the Civil Execution Act (for enforcement).<\/p>\n<p>For a foreign judgment to be recognised, Article 217(1) of the Civil Procedure Act requires the following: (i) the foreign court must have had international jurisdiction under the principles of Korean law or treaties ; (ii) the losing defendant must have been served with the complaint or equivalent document and notice of hearing in a lawful manner and with sufficient time for defence, excluding service by public notice or similar methods (or must have appeared without being served); (iii) recognition must not be contrary to the public policy or good morals of Korea, having regard to both the content of the judgment and the procedure by which it was obtained; and (iv) there must be reciprocity, or the requirements for recognition in both countries must not be significantly imbalanced and must not differ materially in important respects (the so-called &#8216;substantial equivalence&#8217; test, as codified in the 2014 amendment to Article 217(1)(4)).<\/p>\n<p>In addition, Article 217-2 (introduced in 2014) provides that a foreign judgment awarding damages may be refused recognition in whole or in part where it would produce results manifestly contrary to the fundamental principles of Korean law or treaties to which Korea is a party, having particular regard to whether the damages include litigation costs such as attorney&#8217;s fees.<\/p>\n<p>If the recognition requirements are met, a party seeking enforcement must obtain an enforcement judgment from a Korean court. The Korean court does not review the merits of the foreign judgment (prohibition of r\u00e9vision au fond) but only examines whether the conditions for recognition are satisfied.<\/p>\n<p>&nbsp;<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the costs of litigation (e.g. court costs, as well as the parties\u2019 costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, the losing party generally bears the costs of litigation in Korea, in accordance with the &#8216;loser pays&#8217; principle under Articles 98 to 116 of the Civil Procedure Act.<\/p>\n<p>Recoverable costs include court filing fees, expenses for witness attendance, expert fees, and translation costs. However, the recovery of attorney&#8217;s fees is limited. Under the Supreme Court&#8217;s Rules on Litigation Costs, only a prescribed percentage of the total attorney&#8217;s fees actually incurred is recoverable as litigation costs, and this prescribed amount is typically significantly lower than the actual fees paid by the successful party.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Korea has a limited class action mechanism. The Securities-Related Class Action Act permits class action suits in relation to securities fraud, but its scope is limited to claims arising from false or misleading disclosures in securities filings.<\/p>\n<p>Outside the securities context, there is no general class action mechanism. However, Korean law provides alternative mechanisms for collective redress.<\/p>\n<p>First, multiple claimants with common claims may bring joint proceedings under Articles 65 to 72 of the Civil Procedure Act. Second, where many persons share a common interest, they may appoint a representative party to conduct litigation on behalf of the group under the selected-party litigation procedure (Article 53).<\/p>\n<p>There is ongoing legislative discussion regarding the introduction of a broader class action framework, and bills have been proposed to extend class actions to areas such as consumer protection, environmental damage and personal injury.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the mechanisms for joining third parties to ongoing proceedings and\/or consolidating two sets of proceedings in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Korean procedural law provides several mechanisms for joinder and consolidation.<\/p>\n<p>Third-party joinder is available under Articles 71 to 80 of the Civil Procedure Act. A third party who has a legal interest in the outcome of pending proceedings may intervene as an independent party or as a supplementary intervenor supporting one of the existing parties.<\/p>\n<p>In addition, a defendant may issue a third-party notice to a person who may bear liability in relation to the claim, with the effect of binding that person to the findings of the court in subsequent proceedings.<\/p>\n<p>Consolidation of proceedings is available where two or more cases are pending before the same court and involve related claims or common questions of fact or law. The court may order consolidation on its own motion or at the request of the parties. Where related cases are pending before different courts, a party may apply for transfer and consolidation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Third-party litigation funding is not specifically regulated in Korea, and there is no express statutory prohibition against it. However, the market for third-party litigation funding remains in a nascent stage compared to more developed jurisdictions such as Australia or England and Wales.<\/p>\n<p>There is currently no specific legislation imposing liability on third-party funders for adverse costs. The general costs rules apply only to the parties to the proceedings, and a non-party funder would not ordinarily be subject to an adverse costs order.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main advantage of litigating international commercial disputes in Korea is the efficiency and reliability of the court system. Korean courts are well-resourced, judges are highly qualified, and cases proceed to judgment within a relatively predictable timeframe.<\/p>\n<p>The judiciary is respected for its independence and impartiality, and corruption is not a material concern. The costs of litigation in Korea are generally lower than those in comparable jurisdictions such as London, New York or Singapore.<\/p>\n<p>The main disadvantage is the absence of broad document disclosure mechanisms. Parties accustomed to common law-style discovery may find it challenging to obtain evidence held by the opposing party, as Korean law does not permit wide-ranging disclosure requests. This can make it difficult to prove claims that depend on evidence within the exclusive control of the defendant. In addition, while the Korean courts are competent in handling international disputes, proceedings are conducted exclusively in Korean, and all documents must be translated, which may add time and cost.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The most likely growth areas for commercial disputes in Korea over the next five years include technology and data-related disputes, and cross-border M&amp;A disputes.<\/p>\n<p>Korea&#8217;s rapidly expanding digital economy has led to an increase in disputes involving intellectual property, data privacy (particularly under the Personal Information Protection Act), platform liability, and AI-related issues. The Korean government&#8217;s active regulation of the technology sector is expected to generate further commercial disputes.<\/p>\n<p>In addition, as Korean companies continue to expand internationally and foreign investment into Korea grows, cross-border M&amp;A disputes (including post-acquisition disputes, warranty claims and earn-out disagreements) are likely to increase.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Technology is expected to have a significant and growing impact on commercial litigation in Korea.<\/p>\n<p>The Korean courts have already embraced electronic filing, which has been mandatory for civil cases since 2015. The entire litigation process, from filing through to judgment, can be conducted electronically, and this has substantially improved efficiency and accessibility.<\/p>\n<p>Video hearings and remote witness examinations, which were expanded during the COVID-19 pandemic, are expected to become a more permanent feature of litigation practice, particularly for international disputes where witnesses are located abroad.<\/p>\n<p>Artificial intelligence and legal technology tools are increasingly being adopted by Korean law firms for document review, legal research, case analysis and prediction of litigation outcomes. The Supreme Court of Korea has also been exploring the use of AI to assist judges in legal research and case management.<\/p>\n<p>Looking ahead, the increasing prevalence of electronically stored information in commercial disputes will likely lead to further development of rules and practices regarding e-discovery, digital forensics, and the admissibility of electronic evidence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4525<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/143094","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=143094"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}