Question: I have a final judgment against a Korean company from a New York State Court. How can I enforce this judgment in Korea against this Korean company?
|Korean Central District Court.|
A foreign judgment, in Korea, can be executed based on meeting the requirements of the Civil Execution Act of Korea and the Civil Procedure Act of Korea. The relevant provisions are Article 26 and Article 27 of the Korean Civil Execution Act and Article 217 of the Korean Civil Act. If you are interested in enforcing a Korean judgment abroad, please view our sister blog at: Enforcing a Foreign Judgment in a New York Courts.
The process of recognition and enforcement of a foreign judgment, often, is complicated, because of the need for translations of foreign judgments, the different style of foreign judgments, and the, often, lack of familiarity with these foreign enforcement actions by Korean courts.
The action must be filed in a Korean court to be executed in Korea. No Korean administrative agency handles these actions in Korea.
Requirements for Enforcement of a Foreign Judgment in Korea
1. “Judgment” Must be Rendered by a Foreign Court
The Supreme Court has recognized “default” judgments when a Korean plaintiff was properly served, had the opportunity to be heard and the judgment was a final and conclusive judgment.
Thus, for a Korean court to recognize a judgment/order as a valid judgment the plaintiff:
A. Must have had an opportunity to be heard;
B. Must have been properly served; and
C. The judgment must be a “final and conclusive judgment.”
2. Recognition of the Foreign Court
Korea, broadly, recognizes the “international jurisdiction” of foreign courts. Korea may not recognize the judgments of courts that are perceived to not have transparent legal systems or that Korea does not have diplomatic relations with.
3. Proper Service of Process
In most cases, services must be via an international treaty on the service of process called the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Convention on the Service of Process”). The procedure to serve under the Hague Convention on the Service of Process may be found at: International Service of Process. In some cases, the formalities of the Hague Convention do not need to be met.
The foreign court must be deemed a court that recognizes the judgment of Korean courts. Most courts in the world recognize Korean court judgments.
5. Good Morals and Social Order
The judgment must, also, not violate good morals or the social order of Korea. This is a catch-all rule that has been applied to not enforce punitive damage awards and some judgments that were deemed to be obtained in a fraudulent manner.
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