Corporate Disputes Shareholders’ Voting Agreements in South Korea:Can You Force a Shareholder to Vote? Taejin Kim · Managing Partner, Atlas Legal Supreme Court of Korea, Decision 2020Da219577 (June 12, 2025) Quick answer: Under South Korean law, a shareholders’ voting agreement is valid between the parties as long as it does not violate mandatory statutes or…
Family Law · Property Division Dividing Private Company Shares in a Divorce in South Korea:The Buyout-First Rule Soyoung Park · Representative Attorney, Atlas Legal Supreme Court of Korea 2024Meu16033 · 2024Meu16040 Key takeaway: In a 2026 ruling, the Supreme Court of Korea held that when dividing unlisted (private) company shares on divorce, courts should generally…
Corporate Disputes Are Penalty and Damages Clauses in Investment Agreements Enforceable in South Korea?Prior Consent Rights and the Shareholder Equality Principle Taejin Kim · Managing Partner, Atlas Legal Supreme Court of Korea 2021Da293213 · 2022Da290778 · 2023Da210670 Key answer: Under South Korean law, prior consent and penalty clauses in investment agreements are not automatically void….
Construction Lien · Real Estate Construction Lien Possession in South KoreaHow Much Control Is Enough? Soyoung Park · Representative Attorney, Atlas Legal Supreme Court of Korea, 2011Da44788 and related decisions Quick answer: Under the law of South Korea, possession for a construction lien (yuchigwon) means factual control that excludes interference by others. A lienholder need…
Corporate Disputes Can a Winning Shareholder RecoverAttorney Fees in South Korea? Taejin Kim · Managing Partner, Atlas Legal Seoul Eastern District Court 2015Gahap108763 · Seoul Central District Court 2021Na63541 Quick Answer: Under Article 405(1) of the Korean Commercial Act, a shareholder who wins a derivative suit in South Korea may recover a “reasonable amount” of…
Criminal Law · Criminal Forfeiture Excess Interest from Unregistered Moneylending Is Subject to Forfeiture in South KoreaSupreme Court of Korea Decision 2025Do13550 Taejin Kim · Managing Partner, Atlas Legal Supreme Court 2025Do13550 · Supreme Court 2023Do10700 · Incheon District Court 2024No4433 Quick answer: Under South Korean law, excess interest collected by an unregistered moneylender above…
Virtual Assets · Breach of Contract Crypto Delivery Default Damages in South KoreaSeoul High Court 2024Na2025198 Explained Soyoung Park · Representative Attorney, Atlas Legal Seoul High Court 2024Na2025198 · Seoul Southern District Court 2022Gahap111340 Contents 1. What happens if a company breaks a promise to deliver crypto in South Korea? 2. Does a falling crypto…
Construction & Public Contracts — South Korea Delayed Commencement vs. Suspended Construction:What South Korea’s Supreme Court Says About Liquidated Damages Taejin Kim · Managing Partner, Atlas Legal Suwon High Court 2025Na11033 · Supreme Court of South Korea 2026Da200798 Key Takeaway: When a contracting authority’s failure to secure a project site delays the start of construction…
Employment & Labor Is a Different Entry Rank by Military Service Sex Discrimination in South Korea?Seoul Administrative Court 2025Guhap54077 Soyoung Park · Representative Attorney, Atlas Legal Seoul Administrative Court 2025Guhap54077 · Decided Feb. 11, 2026 Contents 1. What did the Seoul court decide about military service and sex discrimination in South Korea? 2. Why was…
Civil · Unjust Enrichment Used-Car Fraud and Unjust Enrichment in South KoreaWhat the Supreme Court’s 2025Da219380 Ruling Means Soyoung Park · Representative Attorney, Atlas Legal Supreme Court of Korea 2025Da219380 · Daegu District Court 2025Na301866 Contents 1. What did the Supreme Court actually decide? 2. How did a used-car sale become a fraud? 3. Why…
