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…
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…
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…
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…
Core Answer: Under South Korean insurance law, a death benefit policy on a minor’s life entered into by the parent as legal representative constitutes a conflict-of-interest transaction requiring the appointment of a special agent (teukbyeol daeriin) under Article 921 of the Civil Act. Changwon District Court 2025GaHap10707 held that the death benefit portion of such…
Table of Contents 1. What Standard of Care Do Financial Employees Owe in South Korea? 2. How Do South Korean Courts Calculate Damages for Bad Loans? 3. What Types of Misconduct Trigger Liability Under Korean Case Law? 4. How Do Courts Limit Employee Liability in South Korea? 5. When Are Supervisors and Approving Officers Personally…
Table of Contents 1. What Is a Simultaneous Performance Judgment in South Korea, and What Does It Mean for Landlords? 2. What Types of Deposit Tender Are Valid — and Which Are Not? 3. How Should a Conditional Deposit Tender Be Structured to Be Valid in South Korea? 4. How Does a Landlord Proceed with…
Table of Contents 1. What Does It Take to Void a Public Procurement Award in South Korea? 2. Background: A Public Corporation’s Joint Venture Tender and the Injunction Attempt 3. How Did South Korean Courts Reject Each Ground for Invalidity? 4. Why Was the Urgency Requirement Also Denied? 5. Practical Takeaways for Public Procurement Disputes…
Contents 1. What Does “Full Outsourcing” of Laundry Mean Under South Korean Law? 2. What Were the Facts — and Why Did the Facility Think It Was Compliant? 3. Why Did the Supreme Court Reject the Good-Faith Defense? 4. Is the Recovery Order Discretionary or Mandatory in South Korea? 5. What Should Care Facility Operators…
Contents 1. What Is the Supreme Court of Korea’s Standard for Enforcing Foreign Punitive Damages Judgments? 2. What Are the Legal Requirements for Enforcing a Foreign Judgment in South Korea? 3. Case Study: Product Liability — Seoul High Court, Case No. 2024Na2003631 4. Case Study: Unfair Competition — Seoul High Court, Case No. 2022Na2011874 5….
