How to Enforce a Foreign Judgment in Korean Courts?

If you have obtained a favorable judgment from a foreign court (court not in Korea), but the defendant is a Korean individual or company with assets in Korea, it is, typically, essential to enforce the judgment in Korea. This requires localizing the foreign judgment through a process called the “Execution of Judgment” under Korea’s Civil Execution Act: Article 27. For an articleon filing a lawsuit for a debt in Korea see: How Foreign Companies and Individuals can Collect Debts in Korea.

In general, to enforce a foreign judgment in Korea, the defendant:
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.”

More specifically, to enforce a foreign judgment in Korea, the following conditions must be met:

1. International Jurisdiction: The foreign court must have had appropriate jurisdiction over the matter.
2. Proper Service of Process: The defendant must have been properly served with the judgment through an official court 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.
3. Compliance with Public Policy: The final judgment must not violate Korea’s public policy, morality, or social order. 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.
4. Reciprocity: There must be a mutual guarantee between the foreign court and the Korean court, meaning the legal systems of both countries should not be significantly different, and there is reciprocal recognition of judgments.

Failure to meet any of these criteria may lead the Korean court to refuse enforcement. Moreover, securing enforcement of foreign judgments that significantly exceed typical awards in Korea can be particularly challenging. Even experienced Korean legal practitioners often find it difficult to persuade Korean courts when foreign judgments involve large sums.

Recently, IPG Legal executed a foreign judgment exceeding $3,000,000—well above the standard typically awarded by Korean courts. With over 20 years of experience handling foreign cases, IPG Legal has demonstrated the expertise necessary to navigate the complexities of enforcing foreign judgments in Korea, securing favorable outcomes even in challenging circumstances.

by Mina KIM

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