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 a law or 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.
- Korean Labor Law Checklist for Employers and Employees
- Status of Interns Under the Korean Labor Standards Act: Employees Entitled to Severance/Minimum Wage?
- “Ordinary Wages” Under Korean Labor Law Clarified by the Supreme Court: “Regular, Uniform & Flat” Definition
- Korea Expands Definition of Discriminatory Treatment for Non-Regular Workers: Employment & Labor Law Update
- Ordinary Wages and the Principle of Good Faith in Korea: How long should the principle be applied to Korean CBA?
- Jurisdiction and Choice of Law Issues in Agency Agreements
- Consequences of a Business Transfer in Korea: Employee Transfer?
- Definition of “Ordinary Wage” in Korea: Korean Employment & Labor Law Basics
- Minimum Wage Increased in South Korea for 2021: Employment Law Update
- 52-Hour Workweek Delayed in Korea for SMEs: Korean Labor Law Update
- Doing Business in Korea: The Korea labor market under the Moon administration
- Civil Liability of Companies for Actions of Employees Off the Company Property and After Work Hours
- Korean Employment Law & Labor Law amendments under Pres. Moon Administration
- IPG’s Korean Employment & Labour Law Chapter in Global Legal Insights 2018
- Guidelines on Rules of Employment & Guidelines on Fair Personnel Management Withdrawn by Korean Ministry of Employment