8/14/2014

Choice of Law Issues in Employment Disputes in Korea

Choice of law/jurisdiction issue often arise in Korea when an agreement chooses a law/jurisdiction for resolution of a dispute other than Korea, internal conflicts in the agreement exist (yes this happens) or no choice of law/jurisdiction clause was chosen and the agreement seems to be better handled by a foreign court, or by the law of the foreign jurisdiction, because of, inter alia, the locale of witnesses and the subject matter of the agreement. 

Choice of law/jurisdiction issues are governed in Korea mainly by Korea's Private International Act (KPIA).  However, other acts often trump the KPIA, or else the courts use built-in "public policy" arguments to allow Korean law to trump the non-Korean chosen law.

For example, in the majority of employment law disputes, Korea courts have invalidated choice of the law and jurisdiction clauses that note law and jurisdiction other than Korea.  

For example, if a employer hiring someone for work to be performed primarily in Korea places into an employment agreement, NY Law with resolution in a NY state court, the Korean courts will likely invalidate this clause and apply Korean law and apply the Korean law in the Korean court. 

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Sean may be contacted at: SeanHayes@ipglegal.com. Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. He has, recently, been ranked as one of only two non-Korean attorneys as a Top Attorney working in Korea by AsiaLaw.