[Korean Law Insights] Enforcement of Domestic Litigation in Korea
- K-Law Consulting_Administration
- Mar 11
- 3 min read
Updated: Jul 1
[Published on February 18, 2025 edition of the "Korean Law Insights" column in the Korea Daily’s Economic Expert Section]
Secure the opposing party’s personal information to obtain an enforcement judgment in Korea
A preliminary review of the feasibility is essential to meet legal requirements
Disputes among Koreans sometimes extend beyond domestic borders into Korea. For example, consider cases where one party is a U.S. permanent resident who frequently travels to Korea, where a party mainly resides domestically but holds most of their assets in Korea, or where someone currently living domestically plans to return to Korea soon.
Even though a dispute may arise domestically, if there is a connection to Korea, the question of where to file the lawsuit becomes an issue. This decision requires comprehensive consideration of various factors and is not straightforward. However, the key factor is ultimately the ease of enforcement—the end goal of the litigation.
A favorable judgment that cannot be enforced or is difficult to enforce is merely decorative. Therefore, it is important to initiate provisional measures—such as injunctions or attachment orders—early in the litigation with enforcement in mind. In cross-border disputes, it is often advantageous to file the lawsuit in a jurisdiction where enforcement is feasible after assessing where enforcement will ultimately occur.
Problems arise when such a review is difficult at the outset or when circumstances change during the litigation. For instance, even if the lawsuit is filed in a U.S. court, one can apply to a Korean court for provisional measures (on the grounds that the opposing party’s main assets are in Korea), or obtain an enforcement judgment in Korea based on the U.S. court’s decision.
Nevertheless, despite these options, various issues can cause significant difficulties. Today, I would like to discuss two practical issues that have emerged in recent cases.
The first issue is when there is a lack of the opposing party’s Korean personal information. If a judgment is obtained in a domestic legal dispute, but it turns out that the opposing party’s main assets are in Korea, an enforcement judgment must ultimately be obtained from a Korean court regarding the U.S. court’s decision. Many ask whether it is possible to apply for an enforcement judgment in a Korean court if the opposing party’s Korean address, resident registration number, or telephone number is unknown. In short, while there are methods available, it is not easy without any personal information. In one case, after nearly giving up, the relevant information was painstakingly obtained, which eventually led to securing the opposing party’s details and obtaining an enforcement judgment.
The second issue is when there are procedural and substantive disputes in the U.S. court judgement. Sometimes, the U.S. court judgment may involve procedural and substantive issues that make it preferable to file a new lawsuit in a Korean court rather than applying for an enforcement judgment there. To obtain an enforcement judgment for a foreign decision in a Korean court, all legal requirements must be satisfied. If the U.S. court judgment is rendered in a way that makes it difficult to meet these requirements, it may be better to initiate a new lawsuit in a Korean court instead of pursuing an enforcement judgment. To avoid such situations, it is crucial to collaborate with a Korean lawyer from the very beginning of the litigation. Obtaining a detailed review from a Korean lawyer before applying for an enforcement judgment is essential.
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Jin Hee Lee/K-Law Consulting Korean Attorney
[Reference link in original Korean]
[Reference (video above): LinkedIn]
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