Court system What is the structure of the civil court system? The civil court system in South Korea has a three-tier structure. At first instance, civil cases are generally heard by district courts, unless jurisdiction is governed by specialised courts such as family courts, administrative courts, the Bankruptcy Court or the Patent Court. Depending on the nature and value of the claim, a case may be heard by a single judge or by a panel of three judges. At second instance, appeals from single-judge decisions are heard
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Seoul High Court Enforces the London Court of International Arbitration Association (LCIA) Award Despite Ambiguities
The Seoul High Court ruled that even if an arbitration award contains ambiguities in its order, Korean courts should enforce it if the award’s details, including the judgment amount, can be determined from its reasoning. Facts The main issue in the case is whether the award’s direction to “reactivate the secured accounts and take all necessary measures” was sufficiently specific to be enforced in Korea. KCC argued that the award did not clearly define the specific acts required and therefore could not serve as the basis for
Continue readingDrafting & Negotiating Korean Joint Venture/Shareholder Agreements in Korea: Why Language, Governance, and Arbitration Clauses Matter
We have many clients who find it advisable to enter the Korean market through joint ventures with Korean partners. In many cases, this structure makes commercial sense: the Korean partner brings local market knowledge, relationships, regulatory familiarity, and operational experience, while the foreign partner contributes capital, technology, branding, and/or international distribution. However, joint ventures in Korea generate a disproportionate number of disputes involving foreign investors. In our experience advising multinational companies, many of these conflicts do not arise from bad faith or intentional misconduct. Instead, they arise
Continue readingLitigation Financing in Korea
Burford Capital is actively entering the Korean market. Burford Capital is one of the leaders in litigation finance worldwide. The firm just announced the appointment of a Korean representative for its presence in Korea. Burford noted to a local vernacular that it plans to focus on international disputes involving Korean companies, including international arbitration, cross-border disputes, and intellectual property disputes. It, also, shall focus on “non-core pre-monetization” model and “portfolio-based financing.” The non-core pre-monetization model allows companies to secure capital liquidity by monetizing non-core assets such as
Continue readingIPG Legal Expert Opinions on Korean Law for Foreign Courts and Law Firms
As complex cross-border litigation, arbitration, and international transactions continue to increase in Korea, foreign courts and overseas counsel are frequently required to apply or assess Korean law and the Korean legal system. In such cases, accurate and nuanced interpretation of Korean statutes, judicial precedent, and regulatory practice is essential. IPG Legal regularly works with foreign lawyers and courts to provide expert opinions on matters governed by Korean law. We often appear in court and provide legal opinions worldwide. The Role of Korean Law Expert Opinions in Cross-Border
Continue readingHiring a Korean Independent Contractor for Work in Korea
We receive many requests for drafting Korean independent contractor agreements, and we sometimes decide with the client that it is better to have a Korean distribution or agency agreement with a Korean company, because of uncertainty in Korean Labor & Employment Law and other reasons. Korea’s court decisions on Korean Labor Law are as predictable as the Korean weather, and the standard to determine if one is an independent contractor or an “employee” is as clear as a Beijing sky. For a further explanation of this issue, see: Korean
Continue readingWhy Using an Uncontrolled & Monitored Korean Local Director/Representative Director Is Dangerous for Foreign Investors in Korea
Foreign investors entering Korea are often told they “need a local director,” “because that’s how things are done here. On paper, this looks harmless. In reality, appointing a representative director, sole director, or director you do not genuinely supervise or control can be legally and commercially dangerous. “Local Director” Has Full Duties and Liabilities In Korea, the law makes no distinction between a “nominee” director and any other director. If you are on the board, you owe the full suite of fiduciary and statutory duties, regardless of
Continue readingKorean Supreme Court Upholds ₩200 Million Fine Against Binggrae for Price-Fixing: Landmark Korean Competition/Antitrust Law Ruling
In a recent ruling, the Supreme Court of Korea upheld a KR₩200 million fine against Binggrae Co., Ltd. for its participation in a large-scale price-fixing scheme involving Korea’s top ice cream manufacturers. The decision, handed down on October 16, 2025, by the Supreme Court’s First Criminal Division (Presiding Justice Shin Sook-hee), brings closure to what has been described in the media as the largest food industry price collusion case in Korean history. Background: The Korean “Big Four Ice Cream Collusion Case” Following a comprehensive investigation, the Korea
Continue readingKorean Company CEO’s Criminal Liability for Workplace Safety under the Korean Occupational Safety & Health Act and Korean Serious Accidents Punishment Act
A recent judgment by the Changwon District Court in Korea (Case No. 2025Godan1381) highlights the increasing potential for criminal liability of CEOs and executives in Korea under the Occupational Safety and Health Act of Korea (OSHA) and the Serious Accidents Punishment Act of Korea (SAPA). On August 29, 2025, a Korean court sentenced the CEO of a painting company to one year in prison, suspended for two years, after a 46-year-old foreign worker fell to his death while repainting an apartment roof in Gimhae City, Korea. The
Continue readingReal Estate Litigation in Korea: Navigating Korean Property Disputes in a Challenging Korean Property Market
Real estate and property disputes in Korea are on the rise. Korea’s rapid urban development, the growth of mixed-use projects, a complex lease-deposit culture, and the presence of many fraudulent actors have made real estate litigation one of the most active areas of Korean civil and criminal law practice. What once involved routine ownership or tenancy issues now regularly includes high-value civil compensation claims, construction-defect suits, and administrative appeals. IPG Legal’s real estate and dispute resolution team has represented both Korean and foreign parties in property cases
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