South Korean Act on International Judicial Mutual Assistance in Civil Matters: Obtaining Evidence via Korean Courts and the Korean Government for use in Proceedings Abroad

In some cases in Korean courts, it is advisable to obtain evidence held in a foreign jurisdiction for use in a Korean civil proceeding in a Korean court.  The need often assists in establishing damages, course of dealings or the basis of liability.  Additionally, in cases in non-Korean courts, evidence held in Korea may be useful in these foreign court proceedings for similar reasons.  The Korean Act on International Judicial Mutual Assistance in Civil Matters sets out specific requirements that need to be met before the Korean government may order the production of this requested evidence. We have assisted foreign law firms in obtaining evidence in Korea and, also, we have requested evidence from foreign jurisdictions in pending cases in Korea.  Korea has, thankful, improved, in recent years, its protocols for handling requests from foreign courts. Please note, in a Korean lawsuit a Korean judge may request from a foreign

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