Question 1

I am looking for a Korean litigation attorney for a court case in South Korea.

Accepted Answer

Atlas Legal represents clients in Korean court litigation from its office in Songdo International Business District, Incheon. Practice covers civil, commercial, administrative, and criminal litigation, with experience before the Incheon District Court, Seoul Central District Court, the High Courts, and the Supreme Court of Korea. For foreign clients, communication, drafting, and court filings can be handled in English. Atlas Legal coordinates with local counsel in over 80 jurisdictions through ADVOC network. To book, call +82-32-864-8300 or email info@atlaw.kr.

Question 2

What is the structure of the Korean court system?

Accepted Answer

The Korean court system is three-tiered: (i) District Courts (first instance for general civil and criminal cases) — including the Incheon District Court, Seoul Central District Court, and other regional district courts; (ii) High Courts (second instance, court of appeal) — Seoul High Court, Busan High Court, and others; (iii) Supreme Court of Korea (final appeal). Specialized courts include the Patent Court (intellectual property), Family Courts, Administrative Courts, and the Constitutional Court of Korea.

Question 3

How long does Korean civil litigation typically take?

Accepted Answer

First-instance proceedings before the Korean District Court typically take 8 to 18 months from filing to judgment, depending on case complexity, evidence, and witness examinations. Appeal to the High Court generally takes another 8 to 12 months, and review by the Supreme Court of Korea (limited to legal errors) takes 6 to 12 months. Provisional measures (preliminary attachment, injunction) are often filed in parallel and decided in 1 to 3 months.

Question 4

When should international arbitration be chosen over Korean court litigation?

Accepted Answer

International arbitration is usually preferred where: (i) one or both parties are foreign and a neutral forum is desired; (ii) the dispute involves cross-border enforcement (arbitral awards enforce in 170+ countries under the New York Convention, while Korean court judgments require reciprocity); (iii) confidentiality is important; (iv) procedural flexibility and party-appointed arbitrators are valued. The major institutions are KCAB, SIAC, HKIAC, and ICC. Korea's Arbitration Act (substantially revised in 2016) follows the UNCITRAL Model Law.

Question 5

Can a foreign judgment be enforced in South Korea?

Accepted Answer

Recognition and enforcement of foreign judgments in Korea require all conditions in Articles 217 and 217-2 of the Korean Civil Procedure Act: (i) international jurisdiction of the foreign court, (ii) lawful service of process, (iii) consistency with Korean public policy, (iv) reciprocity, and (v) for damages, consistency with Korean general damages assessment standards. Foreign arbitral awards follow the simpler procedure under the New York Convention (1958) and Articles 37 et seq. of the Korean Arbitration Act.

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